BILL NUMBER: AB 1219 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2001
INTRODUCED BY Assembly Member Frommer
FEBRUARY 23, 2001
An act to add Section 12130.5 12071.5
to the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1219, as amended, 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 civil penalty of $50,000 for each firearm
in violation of the provisions. Violation of the provisions, as
specified, would also subject a firearms dealer to forfeiture of the
firearms license. 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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12130.5 12071.5
is added to the Penal Code, to read:
12130.5. (a) No licensed firearms dealer may sell
12071.5. (a) No person licensed pursuant to Section 12701 may
sell, loan, or transfer 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 that firearm .
(b) For purposes of this section, "integrated mechanical safety
device" means a disabling or locking device that is incorporated
within the handgun's design design of a
pistol, revolver, or other firearm capable of being concealed upon
the person , 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 operational use of
the pistol, revolver, or other firearm capable of being concealed
upon the person 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) Subdivision (a) shall not apply to any of the following:
(1) The sale, loan or transfer of a pistol, revolver, or any other
firearm capable of being concealed upon the person to any law
enforcement agency, or any agency authorized to perform law
enforcement duties.
(2) The sale, loan, or transfer of a pistol, revolver, or any
other firearm capable of being concealed upon the person to any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, who is authorized to, and who does, carry a
firearm during the course and scope of his or her employment.
(3) The sale, loan, or transfer of a pistol, revolver, or any
other firearm capable of being concealed upon the person to any
employee of any law enforcement agency or any agency authorized to
perform law enforcement duties, who is authorized to, and who does,
carry a firearm during the course and scope of his or her employment.
(4) The sale of a pistol, revolver, or any other firearm capable
of being concealed upon the person, pursuant to Section 12082.
(5) The sale, loan, or transfer of a pistol, revolver, or any
other firearm capable of being concealed upon the person that is a
curio or relic, as defined in Section 178.11 of Title 27 of the Code
of Federal Regulations, or that is an antique firearm, as defined in
paragraph (16) of subsection (a) of Section 921 of Title 18 of the
United States Code.
(6) The return of a pistol, revolver, or any other firearm capable
of being concealed upon the person by a dealer to the owner of that
firearm.
(d) The Attorney General shall adopt rules and regulations
for the implementation and enforcement of this section . The
rules and regulations shall permit a pistol, revolver, or other
firearm capable of being concealed upon the person that incorporates
an integrated mechanical safety device pursuant to this section to be
discharged by a person to whom the firearm is lawfully loaned
.
(d)
(e) A violation of this section is punishable by a
fine civil penalty 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.
(f) The sale, loan, or transfer of a pistol, revolver, or other
firearm capable of being concealed upon the person by a person
licensed pursuant to Section 12071 in violation of this section shall
constitute a breach of the license issued pursuant to Section 12071,
and the license shall be subject to forfeiture.