BILL ANALYSIS
AB 1219
Page 1
ASSEMBLY THIRD READING
AB 1219 (Frommer)
As Amended May 24, 2001
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-3
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|Ayes:|Washington, Cedillo, |Ayes:|Migden, Lowenthal, |
| |Corbett, Keeley, Koretz | |Jackson, Cedillo, |
| | | |Corbett, Correa, |
| | | |Strom-Martin, Papan, |
| | | |Simitian, Thomson, |
| | | |Wesson, Wiggins |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Suer, Dickerson |Nays:|Ashburn, Runner, Wright |
| | | | |
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SUMMARY : Prohibits the sale, loan or transfer of any pistol or
revolver, commencing on January 1, 2006, unless that firearm
includes an integrated safety device, as specified, designed to
prevent children and others from discharging the firearm.
Specifically, this bill :
1)Provides that no licensed firearms dealer may sell, loan, or
transfer any pistol, revolver, or firearm capable of being
concealed upon the person, commencing on January 1, 2006,
unless that firearm contains an integrated mechanical safety
device or other incorporated design technology designed to
prevent children and other unauthorized users from discharging
the firearm.
2)Defines "integrated mechanical safety device" as a disabling
or locking device incorporated within the firearm's design,
part of its original manufacture, and technology that
automatically limits its operational use and cannot be readily
deactivated so that the firearm may only be fired by an
authorized or recognized user.
3)Specifies that the technology limiting the firearm's
operational use may include, but is not limited to, radio
tagging, touch memory, remote control, fingerprint magnetic
encoding, and other user identification systems using
biometrics, mechanical, or electronic systems.
AB 1219
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4)Requires the Attorney General (AG) to adopt rules and
regulations for the implementation of the above requirements.
5)Provides that a violation of this section is punishable by a
civil penalty of up to $50,000 for each firearm sold, loaned,
or transferred that is in violation of this section, and a
firearm dealer's license shall be subject to forfeiture as
well.
6)Exempts the private sale, loan or transfer of a firearm
through a licensed dealer.
7)Exempts the sale, loan or transfer of any firearm to a law
enforcement officer or agency, as specified.
8)Exempts the sale, loan or transfer of a curio or relic, as
defined.
9)Exempts the sale, loan or transfer of a pistol that is
sanctioned and used for Olympic target shooting as specified.
EXISTING LAW :
1)Provides that effective January 1, 2002, all firearms sold or
transferred in California by a licensed firearms dealer,
including private transfers through a dealer and all firearms
manufactured include or be accompanied by a firearms safety
device approved by the AG.
2)Requires the AG, not later than January 1, 2000, to commence
development of regulations to implement a minimum safety
standard for firearm safety devices to reduce the risk of
firearms-related injuries to children.
3)Requires the AG to adopt and issue regulations regarding a
final safety standard for firearm safety devices and report
these standards to the Legislature by January 1, 2001. These
standards become effective January 1, 2002.
4)Requires the Department of Justice (DOJ) to certify
laboratories to test firearm safety devices in order to verify
compliance with standards, and to compile and publish a roster
of approved safety devices that have met DOJ's standards.
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5)Authorizes the AG, after January 1, 2002, to order recall and
replacement of any firearm or firearm safety device that does
not conform to specified standards and warnings, and requires
that the licensed manufacturer bring the firearm or the
firearm safety device into conformity, or provide a
replacement.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor costs, less than $50,000, to DOJ to
develop regulations.
COMMENTS : According to the author, "Current law requires that
trigger locks be sold along with every handgun in California.
Many gun owners, however, do not utilize those locks, and recent
studies by the United States Consumer Protection Agency has
found that many trigger locks are easily defeated.
Approximately 100,000 firearms are stolen every year in
California. The vast majority of those weapons are handguns.
Many of those weapons are later used in crimes throughout
California.
"AB 1219 would require every handgun sold in California after
January 1, 2006 be equipped with an integrated safety device
that would prevent children and any unauthorized users from
firing the handgun. These devices would be a disabling or
locking mechanism that would prevent the handgun from being
discharged unless it has been removed or deactivated. The AG is
currently examining new trigger lock technologies including
those incorporated within the weapon.
"Pursuant to the settlement agreement with Handgun Control,
Inc., Smith & Wesson, America's largest handgun manufacturer,
agreed to incorporate integrated trigger-locking mechanisms
within all their new models by March of 2003."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0001003