BILL NUMBER: AB 2546	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 19, 2010

   An act to amend Section 12125 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2546, as introduced, Hagman. Firearms.
   Existing law, subject to exceptions, provides that any person in
this state who manufactures or causes to be manufactured, imports
into the state for sale, keeps for sale, offers or exposes for sale,
gives, or lends any unsafe handgun shall be punished by imprisonment
in a county jail not exceeding one year.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 12125 of the Penal Code is amended to read:
   12125.  (a) Commencing January 1, 2001, any person in this state
who manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or
lends any unsafe handgun shall be punished by imprisonment in a
county jail not exceeding one year.
   (b) This section shall not apply to any of the following:
   (1) The manufacture in this state, or importation into this state,
of any prototype  pistol, revolver, or other firearm capable
of being concealed upon the person   handgun  when
the manufacture or importation is for the sole purpose of allowing
an independent laboratory certified by the Department of Justice
pursuant to Section 12130 to conduct an independent test to determine
whether that  pistol, revolver, or other firearm capable of
being concealed upon the person   handgun  is
prohibited by this chapter, and, if not, allowing the department to
add the  firearm  handgun  to the roster of
 pistols, revolvers, and other firearms capable of being
concealed upon the person   handgun  that may be
sold in this state pursuant to Section 12131.
   (2) The importation or lending of a  pistol, revolver, or
other firearm capable of being concealed upon the person 
 handgun  by employees or authorized agents of entities
determining whether the weapon is prohibited by this section.
   (3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
   (4) The sale or purchase of any  pistol, revolver or other
firearm capable of being concealed upon the person  
handgun  , if the  pistol, revolver, or other firearm
  handgun  is sold to, or purchased by, the
Department of Justice, any police department, any sheriff's official,
any marshal's office, the Youth and Adult Correctional Agency, the
California Highway Patrol, any district attorney's office, or the
military or naval forces of this state or of the United States for
use in the discharge of their official duties. Nor shall anything in
this section prohibit the sale to, or purchase by, sworn members of
these agencies of any  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 .
   (c) Violations of subdivision (a) are cumulative with respect to
each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654.