BILL NUMBER: AB 2460	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 24, 2012

   An act to amend Section 32000 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2460, as introduced, Dickinson. Firearms.
   Under existing law, a 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 an unsafe handgun
shall be punished by imprisonment in a county jail not exceeding one
year. Existing law exempts from this requirement the purchase of a
handgun, if the handgun is sold to, or purchased by, the Department
of Justice, a police department, a sheriff's official, a marshal's
office, the Department of Corrections and Rehabilitation, 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.
   This bill would prohibit a person exempted under the above
provision from giving a handgun to a person who is not exempted under
the same provision. By expanding the definition of a crime, this
bill would impose a state-mandated local program.
   The bill would also make nonsubstantive, technical corrections.
   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.


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

  SECTION 1.  Section 32000 of the Penal Code is amended to read:
   32000.  (a) Commencing January 1, 2001,  any 
 a  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   an
 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   a  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 32010 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 Sections 31900 to
32110, inclusive, and, if not, allowing the department to add the
firearm to the roster of  pistols, revolvers, and other
firearms capable of being concealed upon the person  
handguns  that may be sold in this state pursuant to Section
32015.
   (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   a handgun  , if the  pistol,
revolver, or other firearm   handgun  is sold to,
or purchased by, the Department of Justice,  any 
 a  police department,  any   a 
sheriff's official,  any   a  marshal's
office, the  Youth and Adult Correctional Agency 
 Department of Corrections and Rehabilitation  , 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   a handgun.
A person exempted pursuant to this paragraph shall not give a handgun
to a person who is not exempted under this section .
   (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.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.