BILL ANALYSIS SB 15 Page 1 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 SB 15 Page 2 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. SB 15 Page 3 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 SB 15 Page 4