BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 15|
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THIRD READING
Bill No: SB 15
Author: Polanco (D)
Amended: 4/13/99
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 4/6/99
AYES: Vasconcellos, Johnston, McPherson, Polanco
NOES: Rainey
NOT VOTING: Burton
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Firearms
SOURCE : Author
DIGEST : This bill enacts restrictions on the
manufacture, importation, or sale of "unsafe handguns" - as
defined in this bill - in California commencing January 1,
2001, as specified.
ANALYSIS : Under existing law, it is an alternate
misdemeanor/felony ("wobbler") to manufacture, import,
sell, loan or possess specified disguised firearms and
other deadly weapons, including plastic firearms, cane or
wallet guns, flechette darts, multiburst trigger
activators, nunchakus, short-barreled shotguns and rifles,
leaded canes, zip guns, unconventional pistols, cane
blackjacks and metal knuckles. A violation is punishable
by sixteen months, two or three years in prison, or up to
one year in county jail.
CONTINUED
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Existing law generally requires that any sale, loan, or
transfer of a firearm shall be made through a licensed
firearms dealer or, in counties of fewer than 200,000
persons, a sheriff's department that elects to provide such
services.
Existing law states it is the intention of the Legislature
to occupy the whole field of regulation of the registration
or licensing of commercially manufactured firearms as
encompassed by the provisions of the Penal Code and such
provisions shall be exclusive of all local regulations,
relating to registration or licensing of commercially
manufactured firearms, by any political subdivision, as
defined.
This bill does the following:
1. Commencing January 1, 2001, make it a misdemeanor --
punishable by up to one year in a county jail -- for
any person to manufacture or cause to be manufactured,
import into the state for sale, keep for sale, offer or
expose for sale, give, or lend any unsafe handgun,
except as specified.
2. Defines "unsafe handgun" to mean any pistol, revolver,
or other firearm capable of being concealed upon the
person who either (a) for revolvers: does not have a
safety device to cause the hammer to retract from
contact with the primer, as specified, (2) for pistols
(whether semi-automatic or not): does not have a
positive manually operated safety device, (3) does not
meet a specified firing requirement, or (4) does not
meet a specified drop safety requirement.
3. Requires every person licensed to manufacture firearms
pursuant to federal law who manufactures firearms in
this state and every person who imports into the state
for sale, keeps for sale, or offers or exposes for sale
any firearm to certify under penalty of perjury that
every model, kind, class, style, or type of pistol,
revolver, or other firearm capable of being concealed
upon the person that he or she manufactures or imports,
keeps, or exposes for sale is not a prohibited unsafe
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handgun.
4. Requires any pistol, revolver, or other firearm
capable of being concealed upon the person manufactured
in this state, imported into the state for sale, kept
for sale, or offered to exposed for sale, to be tested
by an independent laboratory certified by the State
Department of Justice (DOJ) to determine whether that
firearm meets or exceeds specified standards defining
unsafe handguns.
5. Requires DOJ certify laboratories for this purpose on
or before July 1, 2000.
6. Requires DOJ, on and after January 1, 2001, to
compile, publish, and thereafter maintain a roster
listing all of the pistols, revolvers, and other
firearms capable of being concealed upon the person
that are not unsafe handguns by the manufacturer, model
number, and model name; authorizes DOJ to charge every
person in this state who is licensed as a manufacturer
of firearms pursuant to federal law, and any person in
this state who manufactures or causes to be
manufactured, imports into the state for sale, keeps
for sale, or offers or exposes for sale any pistol,
revolver, or other firearm capable of being concealed
upon the person in this state, an annual fee not
exceeding the costs of preparing, publishing, and
maintaining the roster.
7. Exempts from the limitations on such handguns (1)
prototypes which are to be tested by a laboratory to
determine whether the handgun is prohibited by this
bill; (2) law enforcement and others handling the
weapon to determine whether or not it is prohibited by
this bill; (3) firearms which are curios or relics
pursuant to federal regulations.
8. Exempts from the transfer limitations in this bill
transfers between private parties through dealers/law
enforcement agencies; transfers between parties
otherwise exempt from the requirement that transfer be
made through a dealer or law enforcement agency
(limited duration loans between known parties, loans
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for hunting season, etc); and transfers pertaining to
those handguns exempted in new provisions added by this
bill (such as delivery to DOJ of weapons being tested).
9. Exempts the sale to, purchase by, or possession of,
any pistol, revolver, or other firearm capable of being
concealed upon the person by DOJ, any police
department, any sheriff official, any marshals' office,
the State Department of Corrections, the California
Highway Patrol, any district attorneys' office,
full-time paid peace officers of other states and the
federal government, the federal military forces, the
California National Guard, the State Military Reserve,
excluding the unorganized militia, or sworn members of
these agencies when the sworn member has written
authorization from the employing agency.
10. States the intent of the Legislature that DOJ pursue
an internal loan from special fund revenues available
to the department to cover startup costs for the unsafe
handgun program established pursuant to the bill and
that the department is to repay any loan with the
proceeds of fees collected under that program within
six months.
11. Makes numerous related additions to law.
This bill contains an exemption for "old west"
single-action revolvers and replicas of those revolvers.
This bill contains the following language:
Penal Code section 12131. The provisions of this
chapter shall not apply to a single-action revolver
that has at least a five-cartridge capacity with a
barrel length of not less than three inches, and meets
any of the following specifications:
A. Was originally manufactured prior to 1900 and is a
curio or relic, as defined in Section 178.11 of Title
27 of the Code of Federal Regulations.
B Has an overall length measured parallel to the
barrel of at least seven and one-half inches when the
handle, frame or receiver, and barrel are assembled.
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C. Has an overall length measured parallel to the
barrel of at least seven and one-half inches when the
handle, frame or receiver, and barrel are assembled
and that is currently approved for importation into
the United States pursuant to the provisions of
paragraph (3) of subsection (d) of Section 925 of
Title 18 of the United States Code.
Federal Regulation of "Saturday Night Specials"
At the federal level, the importation of "Saturday Night
Specials" into the United States has been banned through
the enactment of the Gun Control Act of 1968. Section
925(d)(3) of the Act provides that a firearm shall be
imported if it is of a type "?generally recognized as
particularly suitable for, or readily adaptable to,
sporting purposes." The phrase "sporting purposes" has
been defined to eliminate small, cheap, poorly constructed
handguns.
A set of factoring criteria was designed to prevent the
import of these handguns, considered a substantial crime
problem in the 1960's. The factoring criteria are based on
a relatively simple point system. First, the firearm must
meet all of the prerequisites. If it is a pistol, it must
have a manually operated safety device. The combined
length and height must be not less than ten inches with the
height being at least four inches and the length at least
six inches. If the firearm is a revolver, it must pass the
safety test and have an overall frame length of at least
four and one half inches and a barrel length of at least
three inches.
In addition, a point value is assigned to the handgun's
individual characteristics such as length of barrel,
overall length, frame construction, weight, caliber, safety
features, type of sight, trigger, hammer and grip.
Generally, the handguns passing the criteria are bigger,
heavier and of a better quality than "Saturday Night
Specials." The Bureau of Alcohol, Tobacco, and Firearms
(Secretary of the Treasurer or his/her delegate) also may
grant exemptions to these requirements, as specified.
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Under the proposed federal Handgun Violence Prevention Act
of 1989, the above criteria would have applied to handguns
produced in the United States. However, this federal
legislation was defeated.
Related Legislation
AB 505 (Wright) is currently in the Assembly Committee on
Public Safety. It would require every model of pistol,
revolver, or other firearm capable of being concealed upon
the person that is manufactured for sale in California on
or after July 1, 2000, to satisfy specified safety tests
and standards, with a system of self-certification by the
manufacturer or importer and specified penalties.
Prior Legislation
SB 1500 (Polanco - 1997-98 Session): Senate Floor Vote:
23-15 (NOES: Brulte, Costa, Haynes, Hurtt, Johannessen,
Johnson, Kelley, Knight, Leslie, Lewis, Maddy, Monteith,
Mountjoy, Rainey, and Wright) Vetoed by the Governor.
SB 500 (Polanco - 1997-98 Session): Senate Floor Vote:
22-15. Vetoed by the Governor.
SB 933 (1996-96 Session). Failed passage in Assembly
Public Safety Committee.
Governor's Veto of SB 500 and SB 1500
The Governor's veto message of SB 500 (9/26/97) included,
in part, the following:
"SB 500 is a bill that purports to protect gun users
against shoddy guns. It is essentially offered as
consumer protection. But the vast majority of the
proponents of SB 500 who have urged me to sign it have
done so because of their passionate hope and belief
that it will instead protect potential victims against
whom the proscribed guns might otherwise be used.
"Common sense dictates that the best way to prevent gun
crimes is by first removing from society the criminals
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who use guns in the commission of a crime. . .
" . . not only does SB 500 fail to keep guns out of
the hands of criminals, it will deprive law-abiding,
legitimate gun users of the needed protection of
handguns--the same handguns used by thousands of peace
officers as regular service and back-up guns. These
weapons would--in a private citizen's hands--be caught
in a net cast much too wide by SB 500.
" . . I will not support a measure that fails the
basic test of protecting the innocent. Ultimately,
the real test applied by the bill is whether or not
the weapon is readily concealable. If so, it is
adjudged by SB 500 to be "non-sporting" and is
therefore prohibited. By this definition and test,
all handguns--except, ironically, the largest and
deadliest--are included in the ban. The clear if
unstated premise of this test is that handguns that
are concealable can have no sporting purpose and
therefore no valid purpose. This flawed logic ignores
reality: it ignores the obvious fact that millions of
law-abiding Californians--including a growing number
of women--have felt the need to own concealable
weapons not for sport but to protect themselves, their
families, and their property.
"As much as I deplore the necessity, I cannot in good
conscience deny them that protection if they choose
it."
NOTE: The author indicated concerning SB 1500 from 1998
that: "In response to the Governor's concerns [with SB
500], . . . I have introduced Senate Bill 1500. It
casts a smaller net, it addresses the Governor's
concerns and it seeks to ensure that those who choose to
own a handgun for self protection have a handgun that is
safe and reliable."
The Governor's veto message of SB 1500 (9/27/98)
includes the following:
" . . This bill is the successor to SB 500, which I
vetoed last year. SB 500 was seriously flawed.
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Commendably, the author has removed some of its more
egregious provisions. . . .
" . . The bill gives the Department of Justice six
months to find and certify laboratories to perform
safety tests. Once laboratories are identified,
handgun manufacturers wishing to sell their products
in California would be required to submit three
prototypes of each model for testing. Only handguns
passing the test during the following six months would
be certified and placed on the initial Department of
Justice roster. All other handguns would be presumed
unsafe subject to penalty under this bill and remain
so unless and until they were certified to have passed
the test.
"The author was advised that this Administration could
accept both the premise of safety testing and the
specific safety tests proposed, provided that the bill
be made prospective, impacting handguns manufactured,
or sold new, after January 1, 2000. The author
declined to amend his bill, insisting that used
handguns could be sold through private transactions,
but not by licensed dealers. Other than improving
business for gun manufacturers by increasing demand
for new guns, it is unclear how anyone would benefit
by this arbitrary standard. . .
"SB 1500 would deny owners of used handguns access to
a dependable marketplace of licensed firearms dealers
and pawnbrokers for safe and legal sales and loans,
while threatening to delay market access to
manufacturers and purchasers of new guns. . .
"But an even more fundamental question is whether
consumer safety is better achieved by a program that
offers manufacturers market incentives to have their
products tested, or a program that penalizes not only
makers of products that fail the test, but also those
who through no fault of theirs have been unable to get
their guns tested. . .
". . .There are few laboratories that perform this kind
of testing now. With the manufacturers providing the
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cost of testing, the number of laboratories and testing
capacity may increase. But in the meantime, there are
hundreds, if not thousands, of makes and models of
handguns. There is a very real possibility that
delay--for any number of reasons beyond the control of
gun maker--will lead to a large number of guns being
banned without any showing that they are unsafe.
". . .While there have been isolated reports of
firearms which jam excessively and even a few reports
of guns which discharge accidentally, when dropped, or
explode in the shooter's hand, the number of makes of
suspect guns does not seem to justify a regulatory
scheme that is likely to have the unintended
consequence of prohibiting, or at least unreasonably
holding up, sales of what clearly appears to be the
vast majority of perfectly reliable weapons.
". . .And there is no objection to weapons testing.
But the procedure which SB 1500 would impose threatens
to unreasonably limit the right of law abiding
citizens to obtain previously lawful firearms. It
makes little sense for the law to deny weapons to
people who need them, on the pretext that they are
unsafe to the user until testing proves them safe,
when they are arguably in far greater danger from
certifiably unsafe thugs than from uncertified
handguns."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/27/99)
Alameda County Board of Supervisors
Alliance of California Law Enforcement
American Academy of Pediatrics
Association of Bay Area Governments
Board of Supervisors of Marin County
California Academy of Family Physicians
California Child, Youth and Family Coalition
California Church Impact
California Nurses Association
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California Organization of Police and Sheriffs
California State PTA
California State Sheriffs' Association
Children's Advocacy Institute
Cities of Alameda, Albany, Alhambra, Arvin, Belmont,
Benicia, Bishop, Buena Park, Burbank, Cathedral City,
Commerce, Cudahy, Cypress, Daly City, El Cerrito,
Fontana, Foster City, Fullerton, Huntington Park, Indio,
Inglewood, Kerman, La Habra, Lake Elsinore, Livingston,
Lompoc, Los Angeles, Merced, Millbrae, Monterey, Monte
Sereno, Morgan Hill, Oakland, Oceanside, Pacific Grove,
Palmdale, Palm Springs, Palo Alto, Pismo Beach, Richmond,
Rohnert Park, San Bernardino, San Clemente, San Fernando,
San Jose, San Luis Obispo, San Marino, Santa Barbara,
Santa Clara, Santa Monica, Santa Rosa, South Pasadena,
Temecula, Thousand Oaks, Upland, Walnut Creek, West
Hollywood, Williams, and Winters
City Council's of Berkeley; Lafayette, Lemoore, Pismo
Beach, Rohnert Park Walnut Creek, and West Hollywood
County of Colusa Board of Supervisors
County of Santa Cruz
County of Siskiyou Board of Supervisors
County of Sonoma Board of Supervisors
Handgun Control
Jack Berman Advocacy Center
League of California Cities
League of Women Voters of California
Legal Community Against Violence
Los Angeles County Bar Association
Los Angeles County District Attorney's Office
Los Angeles unified School District
Los Gatos/Chief of Police
Lutheran Office of Public Policy - California
Older Womens League of California
Orange County Citizens for the Prevention of Gun Violence
San Bernardino County Sheriff's Department
Scotts Valley Police Department
Signal Hill Police Department
Sonora Police Department
Stockton City Council
The Episcopal Diocese of Los Angeles
The Trauma Foundation
Town of Los Gatos
University of California Davis
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Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
OPPOSITION : (Verified 4/27/99)
California Rifle and Pistol Association
National Rifle Association
California Shooting Sports Association
California Attorneys for Criminal Justice
Peace Officer Research Association of California
Outdoor Sportsmen's Coalition
Safari Club International
California Sportsman's Lobby
ARGUMENTS IN SUPPORT : The author submits that:
"Senate Bill 15 is a common sense, responsible gun
law. It requires that weapons fire when they are
supposed to and that they not fire when dropped. The
drop test is based on U.S. Department of Justice
quality standards for law enforcement weapons and the
misfire test is a slightly more lenient standard than
currently used by law enforcement agencies. The tests
are fair and reasonable for weapons sold to members of
the public for self-protection. If a weapon is not
reliable for self-defense, it has no business being
sold in California.
"SB 15 would require any handgun manufactured in
California, imported into the State of California for
sale, kept for sale or exposed for sale, given or
lent, meet these basic standards. The Attorney
General's office would be required to certify
independent labs that would test weapons that
manufacturers wished to sell in California. If they
failed to pass the test it would be a misdemeanor to
manufacture or sell the weapons in our state."
ARGUMENTS IN OPPOSITION : The National Rifle Association
(NRA) letter in opposition includes:
"As currently constructed, SB 15 would provide a
strong stimulus for illegal 'street' gun sales. Most
used handguns made since 1946 would not be submitted
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for certification as required by SB 15 and thus could
not be legally sold by retail firearm dealers.
Pawnshops would not give loans on handguns that they
couldn't sell if not picked up by the owner. Without
access to retail firearms dealers (including
pawnshops) the obvious alternative is 'street sales'."
The California Rifle and Pistol Association letter in
opposition to SB 15 includes:
". . .Its prohibition on dealer sales of used handguns
not meeting the bills extremely broad provisions would
make handguns economically unavailable to many persons
who do not have large incomes. . . .Whether a handgun
meets the proposed SB 15 standards in most cases would
have no relevance to its suitability for its intended
purpose. . .SB 15 requires that both civilian and law
enforcement handguns have the same standards. . .SB 15
would not significantly improve any product line nor
would it prevent the occasional occurrence of a
defective part. But, it would unjustly have an
adverse impact on lawful residents of California who
need a handgun for lawful purposes but cannot afford
the expensive models. . ."
RJG:cm 4/28/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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