BILL NUMBER: SB 130 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Hayden
DECEMBER 22, 1998
An act to add Section 12071.05 to Article
4.5 (commencing with Section 12087) to Chapter 4 of Title 2 of Part 4
of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 130, as amended, Hayden. Firearms: firearm use-limitation
devices.
Existing law generally regulates the transfer and possession of
firearms.
This bill would establish the Aroner-Scott-Hayden Firearms Safety
Act of 1999 (the act).
This bill would require that, effective January 1, 2002, all
firearms sold or transferred in this state, or manufactured in this
state, be accompanied by a firearms safety device approved by the
Department of Justice.
This bill would require the Attorney General, to develop minimum
safety standards for firearms safety devices that are designed to
reduce the risk of unintentional injury by firearms. The bill would
also provide that the Attorney General report to the Legislature
regarding the standards by January 1, 2001, and that the standards be
effective January 1, 2002.
The bill would require the Department of Justice, effective
January 1, 2001, to certify laboratories to test child safety
devices, and would authorize the Department of Justice to charge the
laboratories a fee not exceeding the costs of certification. The
bill would also require the department to notify the manufacturer, or
dealer of the department's determination regarding whether the
firearms safety device may be sold in this state. The bill would
further require the department, not later than July 1, 2001, to
compile, publish, and maintain a roster listing all safety devices
that have been tested as described above, have been determined by the
department to meet the standards for child safety devices, and that
may be sold in this state.
This bill would require any packaging or other descriptive
material that accompanies a firearm sold or transferred or
manufactured in this state, to bear a label with a specified warning.
The bill would also require the warning label be affixed to the
firearm if the firearm is sold, transferred or delivered in this
state without accompanying packaging.
This bill would authorize the Attorney General to recall any
firearm or firearms safety device sold in this state after January 1,
2002, that does not conform to specified provisions of the act.
This bill would require that beginning January 1, 2000, each law
enforcement agency investigating an incident to report specified
information to the Attorney General in connection with unintentional
gunshot wounds sustained by children after the effective date of the
act.
This bill would provide that any violation of specified provisions
of the act would be punishable by a fine of $1,000. A second
violation of those provisions would be punishable by a fine of $1,000
and would render a licensed manufacturer, licensed importer, or a
licensed California dealer ineligible to manufacture or sell firearms
for 30 days in this state. A third violation of those provisions
would render a licensed manufacturer, or a licensed California dealer
permanently ineligible to manufacture, or sell, respectively,
firearms in this state.
By creating a new crime, this bill would impose a state-mandated
local program.
This bill would declare that the act does not relieve any person
from liability to any other person as may be imposed pursuant to
common law, statutory law, or local ordinance.
This bill would declare that the act does not apply to the
commerce of certain firearms, as specified.
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.
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
SECTION 1. Article 4.5 (commencing with Section 12087) is added to
Chapter 4 of Title 2 of Part 4 of the Penal Code, to read:
Article 4.5. Firearm Safety Devices
12087. This article shall be known and may be cited as the
"Aroner-Scott-Hayden Firearms Safety Act of 1999."
12087.5. The Legislature makes the following findings:
(a) In the years 1987 to 1996, nearly 2,200 children in the United
States under the age of 15 years died in unintentional shootings.
In 1996 alone, 138 children were shot and killed unintentionally.
Thus, more than 11 children every month, or one child every three
days, were shot or killed unintentionally in firearms-related
incidents.
(b) The United States leads the industrialized world in the rates
of children and youth lost to unintentional, firearms-related death.
A 1997 study from the federal Centers for Disease Control and
Prevention reveals that for unintentional firearm-related deaths for
children under the age of 15, the rate in the United States was nine
times higher than in 25 other industrialized countries combined.
(c) While the number of unintentional deaths from firearms is an
unacceptable toll on America's children, nearly eight times that
number are treated in U.S. hospital emergency rooms each year for
nonfatal unintentional gunshot wounds.
(d) A study of unintentional firearm deaths among children in
California found that unintentional gunshot wounds most often involve
handguns.
(e) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young as
three years old are strong enough to fire most commercially available
handguns. The study revealed that 25 percent of three to four year
olds and 70 percent of five to six year olds had sufficient finger
strength to fire 59 (92 percent) of the 64 commonly available
handguns referenced in the study.
(f) The Government Accounting Office (GAO), in its March 1991
study, "Accidental Shootings: Many Deaths and Injuries Caused by
Firearms Could be Prevented," estimates that 31 percent of accidental
deaths caused by firearms might be prevented by the addition of two
safety devices: a child-resistant safety device that automatically
engages and a device that indicates whether the gun is loaded.
According to the study results, of the 107 unintentional
firearms-related fatalities the GAO examined for the calendar years
1988 and 1989, eight percent could have been prevented had the
firearm been equipped with a child-resistant safety device. This
eight percent represents instances in which children under the age of
six unintentionally shot and killed themselves or other persons.
(g) Currently, firearms are the only products manufactured in the
United Stated that are not subject to minimum safety standards.
(h) A 1997 public opinion poll conducted by the National Opinion
Research Center at the University of Chicago in conjunction with the
Johns Hopkins Center for Gun Policy and Research found that 74
percent of Americans support safety regulation of the firearms
industry.
(i) Some currently available trigger locks and other similar
devices are inadequate to prevent the accidental discharge of the
firearms to which they are attached, or to prevent children from
gaining access to the firearm.
12088. Effective January 1, 2001:
(a) The Department of Justice shall certify laboratories to verify
compliance with standards for firearms safety devices set forth in
Section 12088.2.
(b) The Department of Justice may charge any laboratory that is
seeking certification to test firearms safety devices a fee not
exceeding the costs of certification.
(c) The certified laboratory shall, at the manufacturer's or
dealer's expense, test the firearms safety device and submit a copy
of the final test report directly to the Department of Justice along
with the firearms safety device. The department shall notify the
manufacturer or dealer of its receipt of the final test report and
the department's determination as to whether the firearms safety
device tested may be sold in this state.
(d) On and after July 1, 2001, the Department of Justice shall
compile, publish, and thereafter maintain a roster listing all of the
safety devices that have been tested by a certified testing
laboratory, have been determined to meet the department's standards
for firearms safety devices and may be sold in this state.
(e) The roster shall list, for each firearms safety device, the
manufacturer, model number, and model name.
12088.1. Effective January 1, 2002:
(a) All firearms sold or transferred in this state by a licensed
firearms dealer, including private transfers through a dealer, and
all firearms manufactured in this state, shall include or be
accompanied by a firearms safety device that is listed on the
Department of Justice's roster of approved firearms safety devices.
(b) All firearms sold or transferred in this state by a licensed
firearms dealer, including private transfers through a dealer, and
all firearms manufactured in this state shall bear the warning label
or labels prescribed in Section 12088.3.
12088.2. (a) The Attorney General shall develop regulations to
implement a minimum safety standard for firearms safety devices to
significantly reduce the risk of firearms-related injuries to
children 18 years of age and younger. The final standard shall do
all of the following:
(1) Address the risk of injury from unintentional gunshot wounds.
(2) Address the risk of injury from self-inflicted gunshot wounds
by unauthorized users.
(3) Include provisions to ensure that all firearms safety devices
are reusable and of adequate quality and construction to prevent
children and unauthorized users from firing the firearm and to ensure
that these devices cannot be readily removed from the firearm except
by an authorized adult user utilizing the key, combination, or other
method of access intended by the manufacturer of the device.
(4) Include additional provisions as appropriate.
(b) The Attorney General shall consult, for the purposes of
guidance in development of the standard, test protocols such as those
described in Title 16 (commencing with Part 1700) of the Code of
Federal Regulations, relating to poison prevention packaging
standards. The Attorney General shall also give appropriate
consideration to the use of devices that are not detachable, but are
permanently installed and incorporated into the design of a firearm.
The Attorney General shall adopt and issue regulations implementing
a final standard not later than January 1, 2001. The Attorney
General shall report to the Legislature on these standards by January
1, 2001. The final standard shall be effective January 1, 2002.
12088.3. (a) The packaging of any firearm and any descriptive
materials that accompany any firearm sold or transferred in this
state, or delivered for sale in this state, by any licensed
manufacturer or licensed dealer, shall bear a label containing the
following warning statement:
WARNING
Children are attracted to and can operate firearms that can cause
severe injuries or death.
Prevent child access by always keeping handguns locked away and
unloaded.
A yellow triangle containing an exclamation mark shall appear
immediately before the word "Warning" on the label.
(b) If the firearm is sold or transferred without accompanying
packaging, the warning label shall be affixed to the firearm itself
by a method to be prescribed by regulation of the Attorney General.
(c) The warning statement required under subdivisions (a) and (b)
shall be:
(1) Displayed in its entirety on the principal display panel of
the firearm's package, and on any descriptive materials that
accompany the firearm.
(2) Displayed in both English and Spanish in conspicuous and
legible type in contrast by typography, layout, or color with other
printed matter on that package or descriptive materials in a manner
consistent with Part 1500.121 of Title 16, of the Code of Federal
Regulations, or successor regulations thereto.
12088.4. If at any time the Attorney General determines that a
firearm or firearms safety device subject to the provisions of this
article and sold after January 1, 2002, does not conform with the
standards and warnings required by Sections 12088.1, 12088.2, and
12088.3, the Attorney General may order the recall and replacement of
the firearm or firearms safety device by the licensed manufacturer,
or licensed firearms dealer, or order that the licensed manufacturer
or licensed firearms dealer bring the firearm or firearms safety
device into conformity with those requirements. If only the firearms
safety device is recalled, the licensed manufacturer of the firearms
safety device or licensed firearms dealer shall immediately provide
a conforming replacement.
12088.5. Beginning January 1, 2000, each law enforcement agency
investigating an incident shall report to the Attorney General any
information which reasonably supports the conclusions that:
(a) A child 18 years of age or younger suffered an unintentional
or self-inflicted gunshot wound inflicted by a firearm that was sold
or transferred in this state, or manufactured in this state; and,
(b) Whether as a result of that incident the child died, suffered
serious injury, or was treated for an injury by a medical
professional.
12088.6. Any violation of Section 12088.1 or Section 12088.3 is
punishable by a fine of one thousand dollars ($1,000). On the second
violation of any of those sections, the licensed firearm
manufacturer shall be ineligible to manufacture, or the licensed
firearm dealer shall be ineligible to sell, firearms in this state
for 30 days, and shall be punished by a fine of one thousand dollars
($1,000). On the third violation of any of those sections, a firearm
manufacturer shall be permanently ineligible to manufacture firearms
in this state. On the third violation of any of those sections, a
licensed firearm dealer shall be permanently ineligible to sell
firearms in this state.
12088.7. Compliance with the requirements set forth in this
article shall not relieve any person from liability to any other
person as may be imposed pursuant to common law, statutory law, or
local ordinance.
12088.8. (a) This article does not apply to the commerce of any
firearm defined as an "antique firearm" in paragraph (16) of
subsection (a) of Section 921 of Title 18 of the United States Code.
(b) This article shall not apply to the commerce of any firearm
intended to be used by a full-time, paid peace officer as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
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.
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.