BILL NUMBER: SB 130	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hayden

                        DECEMBER 22, 1998

   An act to add Section 12071.05 to the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 130, as introduced, Hayden.  Firearms: firearm use-limitation
devices.
   Existing law prohibits a licensed firearms dealer from, among
other things, delivering a firearm to a purchaser or transferee
unless the firearm is unloaded and securely wrapped or unloaded and
in a locked container, the purchaser, transferee, or person being
loaned the firearm presents to the dealer a basic firearms safety
certificate and clear evidence of his or her identity and age, and
specified waiting periods are satisfied.  A violation of these
provisions is punishable as a misdemeanor or a felony, and is a basis
for which the dealer's license is subject to forfeiture.
   This bill would, commencing July 1, 2000, require any firearm that
is sold or transferred by a licensed firearms dealer to include or
be accompanied by a firearm use-limitation device, as defined,
appropriate for that firearm, if the firearm use-limitation devices
are commercially available.  This bill would make any violation of
those provisions punishable by a fine of not less than $250, and not
exceeding $1,000.  By creating a new crime, the bill would impose a
state-mandated local program.
   This bill would declare that the provisions of the bill do not
alter the responsibilities of firearm manufacturers at common law.
This bill also would declare the provisions of the bill do not
prohibit any local ordinance which places more stringent requirements
upon firearms dealers regarding firearm use-limitation devices.
  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.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12071.05 is added to the Penal Code, to read:
   12071.05.  (a) Commencing July 1, 2000, any firearm sold or
transferred by a person licensed under Section 12071 shall include or
be accompanied by a firearm use-limitation device appropriate for
that firearm, if the firearm use-limitation devices are commercially
available.
   (b) For the purposes of this section, "firearm use-limitation
device" means a safety mechanism that is designed to hinder the use
of a firearm by unauthorized users, and includes, but is not limited
to, trigger locks, combination handle locks, gun safes, and solenoid
use-limitation devices.  Firearm use-limitation devices shall meet
the following conditions:
   (1) Be reusable.
   (2) Require, except in the case of a gun safe, (A) a series of
multiple motions in order to fire the firearm, in addition to the
release of a safety catch and the movement of a trigger; or (B) a
detachable part, such as a key or an electronic signal transmitter,
be placed in or near the firearm use-limitation device in order to
remove or disable it; or (C) a combination of no less than three
numbers, or letters of the alphabet, which combination must be set on
the firearm use-limitation device before the firearm can be
operated.
   (c) Each violation of this section is punishable by a fine of not
less than two hundred fifty dollars ($250) and not exceeding one
thousand dollars ($1,000).
   (d) Nothing in this section shall alter the responsibilities of
firearm manufacturers at common law.
   (e) Nothing in this section shall require or prohibit any local
ordinance which places more stringent requirements upon firearms
dealers regarding firearm use-limitation devices.
   (f) Nothing in this section shall be construed to amend Section
53071 of the Government Code.
  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.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.