BILL NUMBER: AB 1219	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2001
	AMENDED IN ASSEMBLY  APRIL 5, 2001

INTRODUCED BY   Assembly Member Frommer
    (Coauthor:  Assembly Member Koretz) 

                        FEBRUARY 23, 2001

   An act to add Section 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  , except as
provided,  no licensed firearms dealer 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,  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 civil penalty of  up to  $50,000 for
each firearm  that is sold, loaned, or transferred  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.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  Section 12071.5 is added to the Penal Code, to read:
   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 that firearm.
   (b) For purposes of this section, "integrated mechanical safety
device" means a disabling or locking device that is incorporated
within the 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
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.  
   (7) The sale, loan, or transfer of a pistol that is sanctioned by
the International Olympic Committee and by USA Shooting, the national
governing body for international shooting competition in the United
States, and that is used for Olympic target shooting purposes as
specified in paragraph (2) of subdivision (h) of Section 12132. 

   (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.
   (e) A violation of this section is punishable by a civil penalty
of  up to  fifty thousand dollars ($50,000) for each firearm
that is  sold, loaned, or transferred  in violation of this
section.
   (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.