BILL ANALYSIS �
AB 2460
Page 1
ASSEMBLY THIRD READING
AB 2460 (Dickinson)
As Amended April 9, 2012
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 12-4
-----------------------------------------------------------------
|Ayes:|Ammiano, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Donnelly, Nielsen, Norby, |
| | | |Wagner |
-----------------------------------------------------------------
SUMMARY : Specifies that the Department of Justice (DOJ), police
departments, sheriffs' officials, marshals' offices, California
Department of Corrections and Rehabilitation, California Highway
Patrol, district attorneys' offices, and military or naval
forces of the State of California may not sell or otherwise
transfer the ownership of an unsafe handgun to any entity or
person that is not otherwise exempted from possession of an
unsafe handgun.
EXISTING LAW :
1)Provides that any person in California 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.
a) Specifies that this section shall not apply to any of
the following:
i) The manufacture in California, or importation into
this state, of any prototype pistol, revolver, or other
firearm capable of being concealed upon the person when
the manufacture or importation is for the sole purpose of
allowing an independent laboratory certified by DOJ to
conduct an independent test to determine whether that
AB 2460
Page 2
pistol, revolver, or other firearm capable of being
concealed upon the person is prohibited, 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 that may be sold in
California;
ii) The importation or lending of a pistol, revolver, or
other firearm capable of being concealed upon the person
by employees or authorized agents of entities determining
whether the weapon is prohibited by this section;
iii) Firearms listed as curios or relics, as defined in
federal law; and,
iv) The sale or purchase of any pistol, revolver, or
other firearm capable of being concealed upon the person,
if the pistol, revolver, or other firearm 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.
2)Specifies that violations of the unsafe handgun provisions are
cumulative with respect to each handgun and shall not be
construed as restricting the application of any other law.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor, nonreimbursable local law
enforcement costs to the extent anyone is convicted of this
proposed misdemeanor offense, which is consistent with current
law.
COMMENTS : According to the author, "The purpose of this bill is
to close the loophole in law that allows the private party
transfer of 'unsafe handguns' to individuals not eligible to buy
them. AB 2460 will keep 'unsafe handguns' out of the hands of
people who don't have a legitimate law enforcement purpose.
AB 2460
Page 3
This bill will improve public safety by closing the gap in
current law that has allowed the unrestricted practice of
selling unsafe handguns through private party transfers to
continue without recourse."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003386