BILL NUMBER: AB 1219	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frommer

                        FEBRUARY 23, 2001

   An act to add Section 12130.5 to the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1219, as introduced, Frommer.  Firearms: safety mechanisms.
   Existing law generally regulates safety design aspects for
handguns.
   This bill, in addition, would provide that no licensed firearms
dealer may sell any pistol, revolver, or other firearm capable of
being concealed upon the person that is manufactured on or after
January 1, 2004, except to a peace officer, as defined, unless that
firearm includes an integrated mechanical safety device or other
incorporated design technology that is designed to prevent children
and other unauthorized users from discharging the handgun, as
specified.  Violation of these provisions is punishable by a fine of
$50,000 for each firearm in violation of the provisions.  This bill
would also require the Attorney General to adopt rules and
regulations for the implementation and enforcement of these
provisions.
   By creating a new crime, this bill would impose a state-mandated
local program.
  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 12130.5 is added to the Penal Code, to read:
   12130.5.  (a) No licensed firearms dealer may sell any pistol,
revolver, or other firearm capable of being concealed upon the person
that is manufactured on or after January 1, 2004, unless that
firearm includes an integrated mechanical safety device or other
incorporated design technology that is designed to prevent children
and other unauthorized users from discharging the handgun.
   (b) For purposes of this section, "integrated mechanical safety
device" means a disabling or locking device that is incorporated
within the handgun's design, and as part of its original manufacture,
technology that automatically limits it operational use, and that
cannot be readily deactivated, so that it may only be fired by an
authorized or recognized user. The technology limiting the handgun's
operational use may include, but is not limited to, radio tagging,
touch memory, remote control, fingerprint, magnetic encoding, and
other automatic user identification systems using biometrics,
mechanical and electronic systems.
   (c) The Attorney General shall adopt rules and regulations for the
implementation and enforcement of this section.
   (d) A violation of this section is punishable by a fine of fifty
thousand dollars ($50,000) for each firearm that is in violation of
this section.
   (e) This section shall not apply to the sale of any pistol,
revolver, or other firearm to any peace officer described in Section
830.1 or 830.2.
  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.