12126.

 As used in this chapter, “unsafe handgun” means any pistol, revolver, or other firearm capable of being concealed upon the person, as defined in subdivision (a) of Section 12001, for which any of the following is true:

(a) For a revolver:

(1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.

(2) It does not meet the firing requirement for handguns pursuant to Section 12127.

(3) It does not meet the drop safety requirement for handguns pursuant to Section 12128.

(4) Commencing 18 months following the release of a report by the Attorney General to the Legislature and the Governor reporting that owner-authorized handguns are available for retail sale, pursuant to Section 12134, it is not an owner-authorized handgun, provided, however, that this paragraph shall not apply to the sale, loan, or transfer of a revolver manufactured in or imported into this state prior to that date.

(b) For a pistol:

(1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns promulgated by the federal Bureau of Alcohol, Tobacco, and Firearms.

(2) It does not meet the firing requirement for handguns pursuant to Section 12127.

(3) It does not meet the drop safety requirement for handguns pursuant to Section 12128.

(4) Commencing January 1, 2006, for a center fire semiautomatic pistol that is not already listed on the roster pursuant to Section 12131, it does not have either a chamber load indicator, or a magazine disconnect mechanism.

(5) Commencing January 1, 2007, for all center fire semiautomatic pistols that are not already listed on the roster pursuant to Section 12131, it does not have both a chamber load indicator and if it has a detachable magazine, a magazine disconnect mechanism.

(6) Commencing January 1, 2006, for all rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 12131, it does not have a magazine disconnect mechanism, if it has a detachable magazine.

(7) Commencing January 1, 2010, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 12131, it is not designed and equipped with a microscopic array of characters that identify the make, model, and serial number of the pistol, etched or otherwise imprinted in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired, provided that the Department of Justice certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions. The Attorney General may also approve a method of equal or greater reliability and effectiveness in identifying the specific serial number of a firearm from spent cartridge casings discharged by that firearm than that which is set forth in this paragraph, to be thereafter required as otherwise set forth by this paragraph where the Attorney General certifies that this new method is also unencumbered by any patent restrictions. Approval by the Attorney General shall include notice of that fact via regulations adopted by the Attorney General for purposes of implementing that method for purposes of this paragraph. The microscopic array of characters required by this section shall not be considered the name of the maker, model, manufacturer’s number, or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, within the meaning of Sections 12090 and 12094.

(8) Commencing 18 months following the release of a report by the Attorney General to the Legislature and the Governor reporting that owner-authorized handguns are available for retail sale, pursuant to Section 12134, it is not an owner-authorized handgun, provided, however, that this paragraph shall not apply to the sale, loan, or transfer of a pistol manufactured in or imported into this state prior to that date.

(c) In addition to complying with the provisions of subdivisions (a) and (b), as applicable, owner-authorized handguns shall comply with the following performance standards:

(1) The firearm shall not fail to recognize the authorized user, and shall not falsely recognize an unauthorized user, more than one time per thousand recognition attempts.

(2) The time from first contact to use recognition and firearm enablement shall be no more than 0.5 seconds.

(3) The time from loss of contact with the authorized user to firearm disablement shall be no more than 0.5 seconds.

(4) When the firearm is enabled, the “ready” condition shall be indicated by a visible indicator.

(5) If the firearm is battery operated, the firearm shall be equipped with a “low power” indicator that emits an audible signal.

(6) If the user is not recognized, or if the power supply fails, the firearm shall be inoperable.

(7) Enabling authorized user information shall be stored in the firearm as permanent memory that is restored when power is restored.

(8) The firearm shall be capable of use by more than one authorized user and, if the firearm uses hand recognition technology, it shall recognize either of the authorized user’s hands.

(d) As used in this section, a “chamber load indicator” means a device that plainly indicates that a cartridge is in the firing chamber. A device satisfies this definition if it is readily visible, has incorporated or adjacent explanatory text or graphics, or both, and is designed and intended to indicate to a reasonably foreseeable adult user of the pistol, without requiring the user to refer to a user’s manual or any other resource other than the pistol itself, whether a cartridge is in the firing chamber.

(e) As used in this section, a “magazine disconnect mechanism” means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol.

(f) As used in this section, a “semiautomatic pistol” means a pistol, as defined in subdivision (a) of Section 12001, the operating mode of which uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of the trigger.

(g) As used in this section, an “owner-authorized handgun” means a handgun that has a permanent programmable biometric or other permanent programmable feature as part of its original manufacture that renders the handgun incapable of being fired except when activated by the lawful owner or other users authorized by the lawful owner, and that cannot be readily deactivated. An owner-authorized handgun shall only be programmed by a licensed dealer.

12130.

 (a) Any pistol, revolver, or other firearm capable of being concealed upon the person manufactured in this state, imported into the state for sale, kept for sale, or offered or exposed for sale, shall be tested within a reasonable period of time by an independent laboratory certified pursuant to subdivision (b) to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person meets or exceeds the standards defined in Section 12126.

(b) On or before October 1, 2000, the Department of Justice shall certify laboratories to verify compliance with the standards defined in Section 12126. The department may charge any laboratory that is seeking certification to test any pistol, revolver, or other firearm capable of being concealed upon the person pursuant to this chapter a fee not exceeding the costs of certification.

(c) The certified testing laboratory shall, at the manufacturer’s or importer’s expense, test the firearm and submit a copy of the final test report directly to the Department of Justice along with a prototype of the weapon to be retained by the department. The department shall notify the manufacturer or importer of its receipt of the final test report and the department’s determination as to whether the firearm tested may be sold in this state.

(d) (1) Commencing January 1, 2006, no center-fire semiautomatic pistol may be submitted for testing pursuant to this chapter if it does not have either a chamber load indicator as defined in subdivision (d) of Section 12126, or a magazine disconnect mechanism as defined in subdivision (e) of Section 12126 if it has a detachable magazine.

(2) Commencing January 1, 2007, no center-fire semiautomatic pistol may be submitted for testing pursuant to this chapter if it does not have both a chamber load indicator as defined in subdivision (d) of Section 12126 and a magazine disconnect mechanism as defined in subdivision (e) of Section 12126.

(3) Commencing January 1, 2006, no rimfire semiautomatic pistol may be submitted for testing pursuant to this chapter if it has a detachable magazine, and does not have a magazine disconnect mechanism as defined in subdivision (e) of Section 12126.

12132.

 This chapter shall not apply to any of the following:

(a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072.

(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072.

(c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 12125.

(d) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 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 Section 12071 to its owner where that firearm was initially delivered in the circumstances set forth in subdivision (a), (d), (f), or (j).

(f) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 for the purpose of a consignment sale or as collateral for a pawnbroker loan.

(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 178.11 of the Code of Federal Regulations.

(h) (1) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time that the act adding this subdivision is enacted, and that fall within the definition of “unsafe handgun” pursuant to paragraph (3) or (8) of subdivision (b) of Section 12126 shall be exempt, as provided in paragraphs (2) and (3).

(2) This chapter shall not apply to any of the following pistols, because they are consistent with the significant public purpose expressed in paragraph (1):

(3) The department shall create a program that is consistent with the purpose stated in paragraph (1) to exempt new models of competitive firearms from this chapter. The exempt competitive firearms may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.

(i) 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.

(j) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 where the firearm is being loaned by the licensee to a consultant-evaluator.

(k) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Section 12071 where the firearm is being loaned by the licensee to a consultant-evaluator.

(l) The return of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 where it was initially delivered pursuant to subdivision (k).

12134.

 (a) The Attorney General shall, commencing July 1, 2009, and every July 1 thereafter through 2014, submit a written report to the Governor and the Legislature summarizing the current availability of owner-authorized handguns, as defined in subdivision (g) of Section 12126. The Attorney General shall continue to submit reports until he or she has reported that owner-authorized handguns are available for retail sale.

(b) Each report shall state whether owner-authorized handguns are available for retail sale, and if not, what progress, if any, has been made in the development of that technology since the previous report.

(c) Each report shall state what, if any, pressures exist within the firearms industry to deliberately withhold owner-authorized handguns from the market.

(d) The Attorney General shall consult with law enforcement agencies, firearms industry representatives, private technology providers, the State Department of Public Health, the University of California, other higher learning institutions, and other appropriate parties in making reports and recommendations pursuant to this section.

(e) Each report shall explicitly state all sources consulted and relied upon, including the names and affiliations of those sources, and shall be made publicly accessible.

(g) Owner-authorized handguns shall be deemed available for retail sale when at least one domestic or foreign manufacturer has developed and offered for sale in any state or country at least one production model of an owner-authorized handgun that the submitted its owner-authorized handgun for testing and the Attorney General has determined that it meets the performance standards set forth in subdivision (c) of Section 12126, provided that the Attorney General may not certify that “owner-authorized handguns” are available unless either of the following apply:

(1) There is one technology that meets the required standards and is unencumbered by any patent restrictions.

(2) There are at least two technologies that meet the required standards.

12135.

 Commencing 18 months following the release of a report by the Attorney General to the Legislature and the Governor reporting that owner-authorized handguns are available for retail sale, pursuant to Section 12134, any person who intentionally disables or circumvents the technology of an owner-authorized handgun, other than a licensed dealer as necessary to program the owner-authorized handgun, is guilty of a misdemeanor.