Today's Law As Amended

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AB-169 Unsafe handguns.(2013-2014)



SECTION 1.

 Section 32000 of the Penal Code is amended to read:

32000.
 (a) 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 an 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 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 a  district attorney’s office, 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. A person who, under this paragraph, acquires a handgun that is not on the roster required by Section 32015 shall not sell or otherwise transfer ownership of the handgun to a person who is not exempted under this paragraph. 
(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 Department of Fish and Wildlife.
(H) The State Department of Developmental Services.
(I) The Department of Forestry and Fire Protection.
(J) A county probation department.
(K) The Los Angeles World Airports, as defined in Section 830.15.
(L) A K–12 public school district for use by a school police officer, as described in Section 830.32.
(M) A municipal water district for use by a park ranger, as described in Section 830.34.
(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.
(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35.
(P) 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.
(Q) 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.
(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.
(S) A California Community College police department, as described in Section 830.32.
(T) A harbor or port district or other entity employing peace officers described in subdivision (b) of Section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles.
(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.
(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, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in 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.
(E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before January 1, 2017.
(d) (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. 1.5.

 Section 32000 of the Penal Code is amended to read:

32000.
 (a) 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 an 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 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 a  district attorney’s office, any a  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. A person who, under this paragraph, acquires a handgun that is not on the roster required by Section 32015 shall not sell or otherwise transfer ownership of the handgun to a person who is not exempted under this paragraph. 
(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 Department of Fish and Wildlife.
(H) The State Department of Developmental Services.
(I) The Department of Forestry and Fire Protection.
(J) A county probation department.
(K) The Los Angeles World Airports, as defined in Section 830.15.
(L) A K–12 public school district for use by a school police officer, as described in Section 830.32.
(M) A municipal water district for use by a park ranger, as described in Section 830.34.
(N) A county for use by a welfare fraud investigator or inspector, as described in Section 830.35.
(O) A county for use by the coroner or the deputy coroner, as described in Section 830.35.
(P) 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.
(Q) 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.
(R) The University of California Police Department, or the California State University Police Departments, as described in Section 830.2.
(S) A California Community College police department, as described in Section 830.32.
(T) A harbor or port district or other entity employing peace officers described in subdivision (b) of Section 830.33, the San Diego Unified Port District Harbor Police, and the Harbor Department of the City of Los Angeles.
(c) (1) Notwithstanding Section 26825, a person licensed pursuant to Sections 26700 to 26915, inclusive, shall not process the sale or transfer of an unsafe handgun between a person who has obtained an unsafe handgun pursuant to an exemption specified in paragraph (6) of subdivision (b) and a person who is not exempt from the requirements of this section.
(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, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in 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.
(E) This paragraph does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before January 1, 2017.
(d) (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.

 Section 32100 of the Penal Code is amended to read:

32100.
 (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.
(b) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-shot pistol with a break top or bolt action and a barrel length of not less than six inches and that has an overall length of at least 10½ inches when the handle, frame or receiver, and barrel are assembled. However, Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall apply to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode.

SEC. 3.

 Section 32110 of the Penal Code is amended to read:

32110.
 Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(a) (1)  The sale, loan, or transfer of any firearm pursuant to Chapter 5 (commencing with Section 28050) of Division 6 in order to comply with Section 27545. 27545 if the sale, loan, or transfer satisfies the requirements specified in paragraph (2). 
(2) The sale, loan, or transfer of any firearm pursuant to this subdivision is limited to a total of two firearms per person, per calendar year.
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.
(c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 32000.
(d) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, 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 by a person licensed pursuant to Sections 26700 to 26915, inclusive, to its owner where that firearm was initially delivered in the circumstances set forth in subdivision (a), (d), (f), or (i).
(f) (1)  The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purpose of a consignment sale or as collateral for a pawnbroker loan. loan if the delivery of the pistol, revolver, or other firearm capable of being concealed upon the person satisfies the requirements of paragraph (2). 
(2) The delivery of a pistol, revolver, or other firearm capable of being concealed upon a person to a person licensed pursuant to Sections 26700 to 26915, inclusive, for the purpose of a consignment sale or as collateral for a pawnbroker loan, pursuant to this subdivision, is limited to a total of two firearms per person, per calendar year.
(g) The sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(h) 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.
(i) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator.
(j) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, where the firearm is being loaned by the licensee to a consultant-evaluator.
(k) The return of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Sections 26700 to 26915, inclusive, where it was initially delivered pursuant to subdivision (j).
(l) The surrender of any pistol, revolver, or other firearm capable of being concealed upon the person to a local law enforcement agency.
SEC. 4.
 Section 1.5 of this bill incorporates amendments to Section 32000 of the Penal Code proposed by both this bill and Senate Bill 363. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2014, (2) each bill amends Section 32000 of the Penal Code, and (3) this bill is enacted after Senate Bill 363, in which case Section 1 of this bill shall not become operative.
SEC. 5.
 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.