AB 169, as amended, Dickinson. Unsafe handguns.
(1) Existing law requires parties to a firearms transaction to complete the sale, loan, or transfer of the firearm through a licensed firearms dealer where neither party to the transaction holds a dealer license. Existing law provides for several exceptions from this requirement, including sales made to authorized law enforcement representatives, delivery of a firearm to a gunsmith for repair, transactions involving a firearm that is a curio or relic, or the loaning of a firearm for use solely as a prop in a motion picture, among others.
end deleteExisting
end delete
begin insert(1)end insertbegin insert end insertbegin insertExistingend insert law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. Existing law makes it a crime, punishable by imprisonment in a county jail not exceeding one year, to manufacture, import into the state for sale, keep for sale, offer or expose for sale, give, or lend an unsafe handgun. Existing law provides that the provisions defining and governing unsafe handguns do not applybegin insert to a firearm that is a curio or relic orend insert to certain transactions, including the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer,begin delete orend delete
where the sale, loan, or transfer is exempt from the provisions of law requiring the transfer to be conducted through a licensed firearms dealer,begin delete among othersend deletebegin insert or to the delivery of a firearm to a licensed dealer for purposes of a consignment sale or as collateral for a pawnbroker loan. Existing law also makes the provisions defining and governing unsafe handguns inapplicable to 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, as specifiedend insert.
This bill would delete these exemptions and would make the provisions defining and governing unsafe handguns inapplicable to the loan or rental of any pistol, revolver, or other firearm capable of being concealed on the person that is used solely as a prop during the course of a motion picture, television, video production, or event, provided the loan or rental is conducted through a licensed firearms dealer, and provided the weapon is returned to the owner before or upon completion of the production or event. By expanding the definition of a crime, this bill would impose a state-mandated local program.
end insertbegin insert(2) Existing law makes the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol, as specified.
end insertbegin insertThis bill would instead make the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol with a break top or bolt action. The bill would make this exemption inapplicable to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode. By expanding the definition of a crime, this bill would impose a state-mandated local program.
end insertThis bill would repeal these exemptions, and would instead make the prohibition on manufacturing, importing, selling, giving, or lending an unsafe handgun inapplicable to the sale, loan, or transfer of any firearm that is exempt from the requirement that a firearms transaction to be completed through a licensed firearms dealer. By expanding the definition of a crime, this bill would impose a state-mandated local program.
end delete(2)
end deletebegin insert(3)end insert Existing law exempts the purchase of a handgun from the above prohibition on manufacturing, importing, selling, giving, or lending an unsafe 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 selling or otherwise transferring the ownership of the handgun to a person who is not exempted under the same provision unless the transaction is exempt from the requirement to complete the transaction through a licensed dealer. By expanding the definition of a crime, this bill would impose a state-mandated local program.
(3)
end deletebegin insert(4)end insert The bill would also make nonsubstantive, technical corrections.
(4)
end deletebegin insert(5)end insert 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 32000 of the Penal Code is amended to
2read:
(a) Commencing January 1, 2001, any person in this
4state who manufactures or causes to be manufactured, imports into
5the state for sale, keeps for sale, offers or exposes for sale, gives,
6or lends any unsafe handgun shall be punished by imprisonment
7in a county jail not exceeding one year.
8(b) This section shall not apply to any of the following:
9(1) The manufacture in this state, or importation into this state,
10of a prototype handgun when the manufacture or importation is
11for the sole purpose of allowing an independent laboratory certified
12by the Department of Justice pursuant to Section 32010 to conduct
13an independent test to determine whether that handgun is prohibited
14by Sections 31900 to 32110,
inclusive, and, if not, allowing the
15department to add the firearm to the roster of handguns that may
16be sold in this state pursuant to Section 32015.
17(2) The importation or lending of a handgun by employees or
18authorized agents of entities determining whether the weapon is
19prohibited by this section.
P4 1(3) Firearms listed as curios or relics, as defined in Section
2478.11 of Title 27 of the Code of Federal Regulations.
3(4) The sale or purchase of a handgun, if the handgun is sold
4to, or purchased by, the Department of Justice, a police department,
5a sheriff’s official, a marshal’s office, the Department of
6Corrections and Rehabilitation, the California Highway Patrol,
7any district attorney’s office, or the military or naval forces of this
8state or of the United States for use in the discharge of their official
9duties.
This section does not prohibit the sale to, or purchase by,
10sworn members of these agencies of a handgun.begin delete Except as provided begin insert Aend insert person who, under this paragraph, acquires
11inparagraph (5) , aend delete
12a handgun that is not on the roster required by Sectionbegin delete 23015end delete
13begin insert 32015end insert, shall not sell or otherwise transfer ownership of the handgun
14to a person who is not exempted under this paragraph.
15(5) The sale, loan, or transfer of any firearm that is exempt from
16the provisions of Section 27545 pursuant to any applicable
17exemption contained in Article 2 (commencing with Section 27600)
18or Article 6 (commencing with Section 27850) of Chapter 4 of
19Division 6, if the sale, loan, or transfer complies with the
20requirements of that applicable exemption to Section 27545.
21(c) Violations of subdivision (a) are cumulative with respect to
22each handgun and shall not be construed as restricting the
23application of any other law. However, an act or omission
24punishable in different ways by this section and other provisions
25of law shall not be punished under more than one provision, but
26the penalty to be imposed shall be determined as set forth in Section
27654.
Section 32110 of the Penal Code is repealed.
end deletebegin insertSection 32100 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) Article 4 (commencing with Section 31900) and
31Article 5 (commencing with Section 32000) shall not apply to a
32single-action revolver that has at least a five-cartridge capacity
33with a barrel length of not less than three inches, and meets any
34of the following specifications:
35(1) Was originally manufactured prior to 1900 and is a curio or
36relic, as defined in Section 478.11 of Title 27 of the Code of
37Federal Regulations.
38(2) Has an overall length measured parallel to the barrel of at
39least seven and one-half inches when the handle, frame or receiver,
40and barrel are assembled.
P5 1(3) Has an overall length measured parallel to the barrel of
at
2least seven and one-half inches when the handle, frame or receiver,
3and barrel are assembled and that is currently approved for
4importation into the United States pursuant to the provisions of
5paragraph (3) of subsection (d) of Section 925 of Title 18 of the
6United States Code.
7(b) Article 4 (commencing with Section 31900) and Article 5
8(commencing with Section 32000) shall not apply to a single-shot
9pistol with abegin insert break top or bolt action and aend insert barrel length of not
10less than six inches and that has an overall length of at least 10½
11inches when the handle, frame or receiver, and barrel are
12assembled.begin insert However, Article 4 (commencing with Section 31900)
13and Article 5 (commencing with Section 32000) shall apply to a
14semiautomatic pistol that has been
temporarily or permanently
15altered so that it will not fire in a semiautomatic mode.end insert
begin insertSection 32110 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Article 4 (commencing with Section 31900) and Article
185 (commencing with Section 32000) shall not apply to any of the
19following:
20(a) The sale, loan, or transfer of any firearm pursuant to Chapter
215 (commencing with Section 28050) of Division 6 in order to
22comply with Section 27545.
23(b) The sale, loan, or transfer of any firearm that is exempt from
24the provisions of Section 27545 pursuant to any applicable
25exemption contained in Article 2 (commencing with Section 27600)
26or Article 6 (commencing with Section 27850) of Chapter 4 of
27Division 6, if the sale, loan, or transfer complies with the
28requirements of that applicable exemption to Section 27545.
29(c) The sale, loan, or transfer of any firearm as described in
30paragraph (3) of subdivision (b) of Section 32000.
31(d)
end delete
32begin insert(a)end insert The delivery of a pistol, revolver, or other firearm capable
33of being concealed upon the person to a person licensed pursuant
34to Sections 26700 to 26915, inclusive, for the purposes of the
35service or repair of that firearm.
36(e)
end delete
37begin insert(b)end insert The return of a pistol, revolver, or other firearm capable of
38being concealed upon the person by a person licensed pursuant to
39Sections 26700 to 26915, inclusive, to its owner where that firearm
P6 1was initially delivered in the circumstances set forth inbegin delete subdivision begin insert
subdivisions (a), (c), and (d)end insert.
2(a), (d), (f), or (i)end delete
3(f) The delivery of a pistol, revolver, or other firearm capable
4of being concealed upon the person to a person licensed pursuant
5to Sections 26700 to 26915, inclusive, for the purpose of a
6consignment sale or as collateral for a pawnbroker loan.
7(g) The sale,
loan, or transfer of any pistol, revolver, or other
8firearm capable of being concealed upon the person listed as a
9curio or relic, as defined in Section 478.11 of Title 27 of the Code
10of Federal Regulations.
11(h)
end delete
12begin insert(c)end insert Thebegin delete sale, loan, or transferend deletebegin insert loan or rentalend insert of any
13begin delete semiautomaticend delete pistolbegin insert, revolver, or other firearm capable of being
14concealed upon the personend insert that
is to be used solely as a prop during
15the course of a motion picture, television, or video production by
16an authorized participant therein in the course of making that
17production or event or by an authorized employee or agent of the
18entity producing that production or eventbegin insert, provided the loan or
19rental is conducted through a person licensed pursuant to Sections
2026700 to 26915, inclusive, and provided the weapon is returned
21to the owner before or upon completion of the production or eventend insert.
22(i)
end delete
23begin insert(d)end insert The delivery of a pistol, revolver, or other firearm capable
24of being
concealed upon the person to a person licensed pursuant
25to Sections 26700 to 26915, inclusive, where the firearm is being
26loaned by the licensee to a consultant-evaluator.
27(j)
end delete
28begin insert(e)end insert The delivery of a pistol, revolver, or other firearm capable
29of being concealed upon the person by a person licensed pursuant
30to Sections 26700 to 26915, inclusive, where the firearm is being
31loaned by the licensee to a consultant-evaluator.
32(k)
end delete
33begin insert(f)end insert The return of a pistol, revolver, or other firearm capable of
34being concealed upon the person to a person licensed pursuant to
35Sections 26700 to 26915, inclusive, where it was initially delivered
36pursuant to subdivisionbegin delete (j)end deletebegin insert (e)end insert.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P7 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
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