BILL NUMBER: AB 2165	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2016
	AMENDED IN ASSEMBLY  APRIL 7, 2016

INTRODUCED BY   Assembly Member Bonta
   (Coauthors: Assembly Members Gonzalez, Roger Hernández, Lackey,
and Wilk)
   (Coauthor: Senator Roth)

                        FEBRUARY 17, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2165, as amended, Bonta. Firearms: prohibitions: exemptions.
   Existing law makes it a crime for any person in this state to
manufacture, import into the  state,   state for
sale,  keep for sale, offer or expose for sale, give, or lend
an unsafe handgun. Under existing law, this prohibition does not
apply to the sale or purchase of a handgun if the handgun is sold to,
or purchased by, a police department, the Department of Corrections
and Rehabilitation, or any federal law enforcement agency, among
other entities.
   This bill would also make the above prohibition inapplicable to
the sale  of a handgun to, or purchase of one by, other peace
officers, as specified, who have satisfactorily completed the
portion of an introductory training course pertaining to the carrying
and use of firearms.   or purchase of a handgun if the
hand   gun is sold to, or purchased by, specified entities
or sworn members of those entities who have satisfactorily completed
the firearms portion of a training course prescribed by the
Commission on Peace Officer Standards and Training. The bill would
prohibit a person who obtains an unsafe handgun pursuant to this
exemption from selling the handgun or otherwise transferring
ownership of the handgun to a person who is not exempt from the above
prohibition.  
   This bill would require a person, with exceptions, who obtains an
unsafe handgun pursuant to this exemption to, when leaving the
handgun in an unattended vehicle, as defined, lock the handgun in the
vehicle's trunk or lock the handgun in a locked container, as
defined, and place the container out of plain view. The bill would
make a violation of this provision an infraction punishable by a fine
not exceeding $1,000. By creating a new crime, this bill would
impose a state-mandated local program.  
   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:  no
  yes  . State-mandated local program: no
  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) 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.
   (b) This section shall not apply to any of the following:
   (1) The manufacture in this state, or importation into this state,
of a 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 32010 to conduct an
independent test to determine whether that handgun is prohibited by
Sections 31900 to 32110, inclusive, and, if not, allowing the
department to add the firearm to the roster of handguns that may be
sold in this state pursuant to Section 32015.
   (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 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 Department of the California Highway Patrol,
any district attorney's office,  any other peace officer
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 who has satisfactorily completed the portion of the
introductory training course specified in Section 832 pertaining to
the carrying and use of firearms,  any federal law
enforcement agency, or the military or naval forces of this state or
of the United States for use in the discharge of their official
duties. This section does not prohibit the sale to, or purchase by,
sworn members of these agencies of a handgun.
   (5) The sale, purchase, or delivery of a handgun, if the sale,
purchase, or delivery of the handgun is made pursuant to subdivision
(d) of Section 10334 of the Public Contract Code. 
   (6) Subject to the limitations set forth in subdivision (c), the
sale or purchase of a handgun, if the handgun is sold to, or
purchased by, any of the following entities or sworn members of these
entities who have satisfactorily completed the firearms portion of a
training course prescribed by the Commission on Peace Officer
Standards and Training pursuant to Section 832:  
   (A) The Department of Parks and Recreation.  
   (B) The Department of Alcoholic Beverage Control.  
   (C) The Division of Investigation of the Department of Consumer
Affairs.  
   (D) The Department of Motor Vehicles.  
   (E) The Fraud Division of the Department of Insurance.  
   (F) The State Department of State Hospitals.  
   (G) The State Department of Developmental Services.  
   (H) The State Fire Marshal.  
   (I) A county probation department.  
   (J) The Los Angeles World Airports, as defined in Section 830.15.
 
   (K) A K-12 public school district for use by a school police
officer, as described in Section 830.32. 
   (L) A municipal water district for use by a park ranger, as
described in Section 830.34.  
   (M) A county for use by a welfare fraud investigator or inspector,
as described in Section 830.35.  
   (N) A county for use by the coroner or the deputy coroner, as
described in Section 830.35.  
   (O) The Supreme Court and the courts of appeal for use by marshals
of the Supreme Court and bailiffs of the courts of appeal, and
coordinators of security for the judicial branch, as described in
Section 830.36.  
   (P) A fire department or fire protection agency of a county, city,
city and county, district, or the state for use by either of the
following:  
   (i) A member of an arson-investigating unit, regularly paid and
employed in that capacity pursuant to Section 830.37.  
   (ii) A member other than a member of an arson-investigating unit,
regularly paid and employed in that capacity pursuant to Section
830.37.  
   (c) (1) A person who obtains an unsafe handgun pursuant to
paragraph (6) of subdivision (b) shall not sell the handgun or
otherwise transfer ownership of the handgun to a person who is not
exempt from this section pursuant to subdivision (b).  
   (2) (A) A person who obtains an unsafe handgun pursuant to
paragraph (6) of subdivision (b) shall, when leaving the handgun in
an unattended vehicle, lock the handgun in the vehicle's trunk or
lock the handgun in a locked container and place the container out of
plain view.  
   (B) A violation of subparagraph (A) is an infraction punishable by
a fine not exceeding one thousand dollars ($1,000).  
   (C) For purposes of this paragraph, the following definitions
shall apply:  
   (i) "Vehicle" has the same meaning as defined in Section 670 of
the Vehicle Code.  
   (ii) A vehicle is "unattended" when a person who is lawfully
carrying or transporting a handgun in the vehicle is not within close
proximity to the vehicle to reasonably prevent unauthorized access
to the vehicle or its contents.  
   (iii) "Locked container" has the same meaning as defined in
Section 16850.  
   (D) Subparagraph (A) does not apply to a peace officer during
circumstances requiring immediate aid or action that are within the
course of his or her official duties.  
   (c) 
    (d)  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.