BILL NUMBER: AB 2546 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Hagman
FEBRUARY 19, 2010
An act to amend Section 12125 12132
of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2546, as amended, Hagman. Firearms.
Existing law, subject to exceptions, subjects 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, as defined, to imprisonment in a county
jail for not more than one year. Existing law, subject to exceptions,
requires handguns imported into the state for sale, kept for sale,
or offered or exposed for sale, to be tested, as specified, to
determine if they are unsafe.
This bill would exempt from those provisions, handguns for which
production ceased prior to January 1, 2000, and for which production
has not resumed, and handguns that are commemorative or custom-made,
and for which production was or is limited to 1,000 or fewer
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:
SECTIO N 1. Section 12132 of the
Penal Code is amended to read:
12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section
12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
(c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 12125.
(d) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
to a person licensed pursuant to Section 12071 for the purposes
of the service or repair of that firearm.
(e) The return of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
by a person licensed pursuant to Section 12071 to its owner
where that firearm was initially delivered in the circumstances set
forth in subdivisions (a), (d), (f) or (j).
(f) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person to a person
handgun licensed pursuant to Section 12071 for the purpose of
a consignment sale or as collateral for a pawnbroker loan.
(g) The sale, loan, or transfer of any pistol, revolver,
or other firearm capable of being concealed upon the person
handgun listed as a curio or relic, as defined in Section
178.11 of the Code of Federal Regulations.
(h) (1) The Legislature finds a significant public purpose in
exempting pistols that are designed expressly for use in Olympic
target shooting events. Therefore, those pistols that are sanctioned
by the International Olympic Committee and by USA Shooting, the
national governing body for international shooting competition in the
United States, and that are used for Olympic target shooting
purposes at the time that the act adding this subdivision is enacted,
and that fall within the definition of "unsafe handgun" pursuant to
paragraph (3) of subdivision (b) of Section 12126 shall be exempt, as
provided in paragraphs (2) and (3).
(2) This chapter shall not apply to any of the following pistols,
because they are consistent with the significant public purpose
expressed in paragraph (1):
MANUFACTURER MODEL CALIBER
ANSCHUTZ FP .22LR
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
DRULOV FP .22LR
GREEN ELECTROARM .22LR
HAMMERLI 100 .22LR
HAMMERLI 101 .22LR
HAMMERLI 102 .22LR
HAMMERLI 162 .22LR
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W
LONG
HAMMERLI FP10 .22LR
HAMMERLI MP33 .22LR
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
MORINI CM102E .22LR
MORINI 22M .22LR
MORINI 32M .32 S&W LONG
MORINI CM80 .22LR
PARDINI GP .22 SHORT
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI K22 .22LR
PARDINI MP .32 S&W LONG
PARDINI PGP75 .22LR
PARDINI SP .22LR
PARDINI SPE .22LR
SAKO FINMASTER .22LR
STEYR FP .22LR
VOSTOK IZH NO. 1 .22LR
VOSTOK MU55 .22LR
VOSTOK TOZ35 .22LR
WALTHER FP .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT
(3) The department shall create a program that is consistent with
the purpose stated in paragraph (1) to exempt new models of
competitive firearms from this chapter. The exempt competitive
firearms may be based on recommendations by USA Shooting consistent
with the regulations contained in the USA Shooting Official Rules or
may be based on the recommendation or rules of any other organization
that the department deems relevant.
(i) The sale, loan, or transfer of any semiautomatic pistol that
is to be used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant therein
in the course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
(j) The delivery of a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
to a person licensed pursuant to Section 12071 where the
firearm is being loaned by the licensee to a consultant-evaluator.
(k) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person licensed pursuant to
Section 12071 where the firearm is being loaned by the licensee to a
consultant-evaluator.
(l)
(k) The return of a pistol, revolver, or other
firearm capable of being concealed upon the person to a person
handgun licensed pursuant to Section 12071 where
it was initially delivered pursuant to subdivision (k)
(j) .
(l) Handguns for which production ceased prior to January 1, 2000,
and for which production has not resumed.
(m) Handguns that are commemorative and for which total production
was or is limited to 1,000 or fewer firearms.
(n) Handguns that are custom-made and for which total production
was or is limited to 1,000 or fewer firearms.
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 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 handgun is prohibited by
this chapter, and, if not, allowing the department to add the handgun
to the roster of handgun that may be sold in this state pursuant to
Section 12131.
(2) The importation or lending of a 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 handgun, if the 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 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.