BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 15
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SENATE THIRD READING
SB 15 (Polanco)
As Amended July 13, 1999
Majority vote 

  SENATE VOTE  :  25-15

 PUBLIC SAFETY       5-2         APPROPRIATIONS      11-7        
  
 ----------------------------------------------------------------- 
|Ayes:|Honda, Cunneen, Shelley,  |Ayes:|Migden, Washington,       |
|     |Cardenas, Washington      |     |Davis, Hertzberg, Kuehl,  |
|     |                          |     |Aroner, Romero, Shelley,  |
|     |                          |     |Steinberg, Wesson,        |
|     |                          |     |Wiggins                   |
|     |                          |     |                          |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller             |Nays:|Brewer, Ackerman,         |
|     |                          |     |Ashburn, Campbell,        |
|     |                          |     |Maldonado, Runner, Wright |
|     |                          |     |                          |
 ----------------------------------------------------------------- 
  SUMMARY :  Makes it a misdemeanor for any person in California to  
manufacture, import for sale, offer for sale, give, or lend any  
"unsafe handgun", as defined, with certain specific exceptions.   
Specifically,  this bill  :

1)Makes it a misdemeanor, punishable by up to one year in the  
  county jail, beginning January 1, 2001, for any person in  
  California who manufactures or causes to be manufactured,  
  imports into California for sale, keeps for sale, offers or  
  exposes for sale, gives or lends any unsafe handgun, except as  
  specified.

2)Defines "unsafe handgun" to mean any pistol, revolver or  
  firearm capable of being concealed upon a person that does not  
  have a specified safety device, does not meet specified firing  
  requirements, or does not meet specified drop safety  
  requirements.

3)Requires any pistol, revolver, or other firearm capable of  
  being concealed upon a person manufactured in California,  
  imported into California for sale, kept for sale, or offered  
  or exposed for sale to be tested by an independent laboratory  
  certified by the Department of Justice (DOJ) meets or exceeds  
  specified standards defining unsafe handguns.







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4)Requires DOJ to certify laboratories to verify compliance with  
  the specified standards defining unsafe handguns on or before  
  October 1, 2,000.

5)Requires every person licensed to manufacture firearms who  
  manufactures firearms in California, and every person who  
  imports firearms into California 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, type  
  of pistol, revolver, or other firearm capable of being  
  concealed upon a person that he or she manufactures or  
  imports, keeps or exposes for sale is not a prohibited unsafe  
  handgun. 

6)Requires DOJ on and after January 1, 2001, to compile publish,  
  and thereafter maintain, a roster listing all pistols,  
  revolvers, and other firearms capable of being concealed upon  
  a person that are not unsafe handguns by the manufacturer,  
  model number and model name.

7)Authorizes DOJ to charge every person who manufactures,  
  imports into California for sale, offers or exposes for sale  
  any pistol, revolver, or other firearm capable of being  
  concealed upon a person an annual fee not exceeding the costs  
  of preparing, publishing, and maintaining the roster, and the  
  costs of research and development, report analysis, and other  
  program infrastructure costs.

8)Exempts from limitations:  a) prototypes which are to be  
  tested by an independent laboratory to determine if the  
  handgun is prohibited by this bill; () the handling of a  
  handgun by persons authorized to determine if the weapon is  
  prohibited; c) firearms listed as curios or relics by federal  
  law; and, d) the sale, purchase, or possession of any handgun  
  by specified law enforcement agencies and sworn members of  
  these agencies.

9)Exempts the sale, loan or transfer of any firearm between  
  private parties through dealers or law enforcement agencies,  
  between private parties exempt from the requirement that the  
  transfer be through a dealer or law enforcement agency,  
  firearms listed as curios or relics, the delivery or return of  
  a firearm for the purposes of repair, and the return of a  
  firearm by a licensed dealer when the firearm was delivered  
  for the purposes of a consignment sale or as collateral for a  







                                                          SB 15
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  pawnbroker loan.

10)States that it is the Legislature's intent that DOJ pursue an  
  internal loan from special fund revenues available to DOJ to  
  cover start-up costs for the program established pursuant to  
  this bill, and any loan shall be repaid with the proceeds of  
  fees collected under that program within six months.  

  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee analysis, this bill has:

1)Moderate annual costs, fully offset by fees charged to labs  
  and manufacturers, for DOJ to certify laboratories and compile  
  and maintain a roster of handguns.  DOJ estimates these costs  
  at $507,000 for 1999-2000; $322,000 for 2000-2001; and  
  $250,000 in out-years.

2)Indeterminable, probably minor, annual General Fund costs for  
  increased state incarceration for perjury violations.

3)Unknown, potentially significant nonreimbursable local  
  incarceration costs.
 
  COMMENTS  :   According to the author, "SB 15 is a common sense  
responsible gun law.  It requires that weapons fire when they  
are supposed to and that they not fire when they're dropped.   
The drop test is based on the United States DOJ 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 weapon in  
our state." 

Please see the policy committee analysis for a more  
comprehensive discussion of this bill.








                                                          SB 15
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  Analysis Prepared by  :  Gregory Pagan / PUB. S. / (916) 319-3744 
                                                      FN: 0002021