BILL NUMBER: AB 1717 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
AMENDED IN ASSEMBLY FEBRUARY 23, 2000
AMENDED IN ASSEMBLY FEBRUARY 15, 2000
INTRODUCED BY Assembly Member Hertzberg
(Principal coauthors: Assembly Members Kuehl, Scott, and Wildman)
(Coauthors: Assembly Members Alquist, Keeley, Knox, Shelley, and
Washington)
(Coauthor: Senator Alarcon)
JANUARY 3, 2000
An act to add Section 12072.5 to the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1717, as amended, Hertzberg. Firearms: ballistic testing.
(1) Existing law regulates the sale, transfer, and delivery of
firearms by persons, corporations, firms, and dealers. Violations of
specified provisions of law governing the sale or transfer of
firearms may be punished as a misdemeanor or a felony.
This bill would require the Attorney General to evaluate, as
specified, ballistic identification systems and to make a
determination and report to the Legislature by January 1, 2003, as to
whether a system or systems should be used statewide. The bill
would also provide that if the Attorney General determines a
ballistic identification system or systems should be used, and if the
Legislature appropriates funds to implement the system or systems,
then no person who is licensed as a manufacturer of firearms pursuant
to federal law could sell or otherwise transfer their ownership of a
handgun to a resident of this state, unless the manufacturer has
complied with provisions requiring the submission of ballistic
identification information for all handguns that the manufacturer has
manufactured. This bill would also prohibit, subject to the
Attorney General's determination and the funding described above, a
person or importer from importing a handgun for sale unless that
person or company provides, prior to importation, satisfactory
evidence that ballistic identification information, as specified, for
each handgun has been submitted to the Department of Justice. The
bill would exempt antique firearms, as defined, and curios and
relics, as defined, from these provisions. The bill would provide
that a violation of these provisions is a misdemeanor. By creating a
new crime punishable as a misdemeanor, this bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would require the Attorney General to conduct a study to
evaluate ballistic identification systems, as defined, to determine
the feasibility and potential benefits to law enforcement of
utilizing a statewide ballistic identification system capable of
maintaining a data base of ballistic images and information from test
fired and sold firearms, as specified. The Attorney General would
be required to submit a report to the Legislature with the results of
the study no later than June 1, 2001.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12072.5 is added to the Penal Code, to read:
12072.5. (a) The Attorney General shall evaluate ballistic
identification systems, including any federal ballistic
identification system, and shall make a formal determination by
January 1, 2003, as to whether a ballistic identification system or
systems should be utilized on a statewide level for law enforcement
agencies in California. The Attorney General shall submit a report
with the results of the evaluation to the Legislature by January 1,
2003.
(b) The evaluation of ballistic identification systems required
pursuant to subdivision (a) shall include at a minimum, but not be
limited to, consideration of the following:
(1) Whether the system or systems are capable of maintaining a
handgun data base for the entire state of California.
(2) Whether the system or systems are compatible with other
ballistic identification systems, including systems utilized at the
federal level, and will allow for sharing of information.
(3) The potential costs of implementing and operating a system or
systems compared to the potential benefit to law enforcement.
(4) Whether a standard protocol for image capture, storage, and
data identification exists.
(5) Potential issues related to the evidentiary use of ballistic
identification information.
(c) If the Attorney General concludes that a ballistic
identification system or systems should be used on a statewide level
for law enforcement in California and the Legislature appropriates
funds for the implementation and operation of such a system or
systems, then paragraphs (1) and (2) shall become effective one year
from the date of the appropriation. Upon appropriation of funds by
the Legislature, the Attorney General shall give public notice of the
requirements of paragraphs (1) and (2).
(1) No person who is licensed as a manufacturer pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto shall sell or
otherwise transfer their ownership of a pistol, revolver, or other
firearm capable of being concealed upon the person to a person who is
residing in this state, unless that manufacturer first provides
ballistic information, as required by the Attorney General, for all
pistols, revolvers, or other firearms capable of being concealed upon
the person that the manufacturer manufactured, to the Department of
Justice, in a format prescribed by the department.
(2) No person or company shall import for sale in California, a
pistol, revolver, or other firearm capable of being concealed upon
the person unless that person or company provides, prior to
importation, satisfactory evidence that ballistic identification
information, as required by the Attorney General, for each pistol,
revolver, or other firearm capable of being concealed upon the person
has been submitted to the Department of Justice in the format
prescribed by the department.
(d) This section does not apply to any antique firearms, as
defined in paragraph (5) of subdivision (a) of Section 12020, or any
curio or relic as defined in Section 178.11 of Title 27 of the Code
of Federal Regulations.
(e) A violation of paragraph (1) or (2) of subdivision (c) is a
misdemeanor.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
12072.5. (a) For purposes of this section, "ballistics
identification systems" includes, but is not limited to, any
automated image analysis system that is capable of storing firearm
ballistic markings and tracing those markings to the firearm that
produced them.
(b) The Attorney General shall conduct a study to evaluate
ballistics identification systems to determine the feasibility and
potential benefits to law enforcement of utilizing a statewide
ballistics identification system capable of maintaining a data base
of ballistic images and information from test fired and sold
firearms. The study shall include an evaluation of ballistics
identification systems currently used by state and federal law
enforcement agencies and the firearms industry. The Attorney General
shall consult with law enforcement agencies, firearms industry
representatives, private technology providers, and other appropriate
parties in conducting the study.
(c) In evaluating ballistics identification systems to determine
the feasibility of utilizing a statewide system as required pursuant
to subdivision (b), the Attorney General shall consider, at a
minimum, the following:
(1) The development of methods by which firearm manufacturers,
importers, and dealers may potentially capture ballistic images from
firearms prior to sale in California and forward that information to
the Attorney General.
(2) The development of methods by which the Attorney General will
receive, store, and make available to law enforcement ballistic
images submitted by firearm manufacturers, importers, and dealers
prior to sale in California.
(3) The potential financial costs to the Attorney General of
implementing and operating a statewide ballistics identification
system, including the process for receipt of information from firearm
manufacturers, importers, and dealers.
(4) The capability of a ballistics identification system
maintaining a data base of ballistic images and information from test
fired firearms for all firearms sold in California.
(5) The compatibility of a ballistics identification system with
ballistics identification systems that are currently used by law
enforcement agencies in California.
(6) A method to ensure that state and local law enforcement
agencies can forward ballistic identification information to the
Attorney General for inclusion in a statewide ballistics
identification system.
(7) The feasibility and potential benefits to law enforcement of
requiring firearm manufacturers, importers, and dealers to provide
the Attorney General with ballistic images from any, or a selected
number of, test fired firearms prior to the sale of those firearms in
California.
(d) The Attorney General shall submit a report to the Legislature
with the results of the study not later than June 1, 2001. In the
event the report includes a determination that a ballistics
identification system and data base is feasible and would benefit law
enforcement, the report shall also recommend a strategy for
implementation.