BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 15
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SENATE THIRD READING
SB 15 (Polanco)
As Amended August 16, 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  








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  standards defining unsafe handguns.

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; b) 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 pawnbroker loan.








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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.

  Analysis Prepared by  :  Gregory Pagan / PUB. S. / (916) 319-3744 
                                                       FN: 0002218 








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