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SB-916 Firearms.(2013-2014)

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SB916:v96#DOCUMENT

Amended  IN  Senate  April 24, 2014
Amended  IN  Senate  April 21, 2014
Amended  IN  Senate  March 19, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 916

Introduced by Senator Correa
(Principal coauthor: Senator Block)(Coauthor: Senator Galgiani)

January 27, 2014

An act to amend Sections 32025, 32030, and 32110 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 916, as amended, Correa. Firearms.
(1) Existing law establishes various requirements governing unsafe handguns, as defined. Among other things, 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 also requires handguns imported into the state for sale, kept for sale, or offered or exposed for sale, to be tested, as specified, to determine if they are unsafe. Existing law requires the Department of Justice to maintain a roster listing the handguns that have been tested and have been determined not to be unsafe. Existing law specifies various exceptions from these requirements.
Existing law allows a handgun model that has been included in the roster to be retested and allows the handgun model to be removed from the roster if it fails retesting. Existing law allows a handgun model removed from the roster for failing retesting to be reinstated upon a petition to the Attorney General for reinstatement and successful retesting, as specified.
This bill would allow a handgun model removed from the roster for any other reason to be reinstated to the roster upon a petition to the Attorney General for reinstatement and successful retesting, as specified. The bill would require that a handgun model that is reinstated to the roster pursuant to these provisions only meet the requirements for listing as of the date the handgun model was originally submitted for testing.
(2) Under existing law, a firearm is deemed to meet the requirements for being listed on the roster if another firearm made by the same manufacturer is already listed on the roster and the unlisted firearm differs from the listed firearm in only with regard to certain specified ways features, as specified, including any purely cosmetic feature.

This bill would require that a firearm be deemed to satisfy the requirements for being listed on the roster if another firearm made by the same manufacturer is already listed on the roster and the unlisted firearm possesses the same make and model designation, is of the same caliber and barrel length, and is identical to the listed firearm except that a part of the firearm has been redesigned, is made using a different manufacturing technique, is made out of a different material, or includes any other noncosmetic change. The bill would require that a firearm deemed to meet the requirements for being listed on the roster pursuant to these provisions only meet the requirements for listing as of the date the similar listed firearm was originally submitted for testing. The bill would require a manufacturer seeking to have a firearm deemed to satisfy the requirements for being listed on the roster to provide the Department of Justice with a declaration, under oath, stating the nature of the change and that the firearm differs from the previous version only in the manner specified. Because a false statement made under oath would be a crime, the bill would impose a state-mandated local program.

The bill would prohibit a manufacturer of a firearm that has already been modified in these ways as of January 1, 2015, from being considered to be in violation of the provisions of law prohibiting the sale of unsafe handguns if the manufacturer complies with these requirements and submits the firearm to be tested no later than March 31, 2015.

This bill would also deem a firearm as meeting the requirements for being listed on the roster if it differs from a listed firearm made by the same manufacturer only in a purely minor feature.
(3) Existing law provides that the provisions defining and governing unsafe handguns do not apply to certain transactions, including the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer, or where the sale, loan, or transfer is exempt from the provisions of law requiring the transfer to be conducted through a licensed firearms dealer, among others.
This bill would make the provisions defining and governing unsafe handguns inapplicable to the sale, loan, or transfer of a handgun by a licensed firearms dealer if the firearm previously appeared on the roster but was removed for any reason other than failing retesting and the licensee notified the Department of Justice of the number of qualifying firearms in its inventory within 30 days of the firearm being removed from the roster.

(4)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   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) With limited exceptions, existing law prohibits the manufacture, importation, and sale by licensed firearm dealers in California of handguns that do not appear on the roster of handguns that have been determined not to be unsafe. These firearms are considered “unsafe handguns.”
(b) Existing law requires that a handgun be listed on the roster by make, model, gun type, barrel length, caliber, and expiration date once the handgun meets certain testing and safety requirements.
(c) Firearm manufacturers are constantly improving their firearms to make them more safe, reliable, and functional for the general public. These improvements may involve making slight modifications in the design of a part, updating manufacturing techniques, or using new and stronger materials. Often, as is industry practice, these improvements do not change the handgun’s make and model designation, and there is no outward difference between the original handgun and the improved model. Existing law is unclear as to whether these handguns are considered new handgun models that would require retesting and relisting on the roster.
(d) Without the change to current law proposed by this act, it will remain unclear whether manufacturers are permitted to improve the safety of handguns that are already approved for sale in California. Additionally, many firearms will be unavailable to lawful California firearm owners if manufacturers cannot lawfully make these improvements. Law abiding members of the public will have increasingly narrower options available to them for self-defense. With limited options, normally lawful firearm owners will be forced to turn to other sources to acquire firearms available in the other 49 states, including black market and illegal firearm transactions.
(e) The purpose of this act is to clarify that manufacturers may make improvements to handguns currently on the roster, and to allow handguns that have fallen off of the roster for reasons other than failing retesting to be returned to the roster by a petition to the Attorney General.

SEC. 2.

 Section 32025 of the Penal Code is amended to read:

32025.
 (a) A handgun model removed from the roster pursuant to subdivision (d) of Section 32020 may be reinstated on the roster if all of the following are met:
(1) The manufacturer petitions the Attorney General for reinstatement of the handgun model.
(2) The manufacturer pays the Department of Justice for all of the costs related to the reinstatement testing of the handgun model, including the purchase price of the handguns, prior to reinstatement testing.
(3) The reinstatement testing of the handguns shall be in accordance with subdivisions (b) and (c) of Section 32020.
(4) The three handgun samples shall be tested only once for reinstatement. If the sample fails it may not be retested.
(5) If the handgun model successfully passes testing for reinstatement, and if the manufacturer of the handgun is otherwise in compliance with Sections 31900 to 32110, inclusive, the Attorney General shall reinstate the handgun model on the roster maintained pursuant to subdivision (a) of Section 32015.
(6) The manufacturer shall provide the Attorney General with the complete testing history for the handgun model.
(7) Notwithstanding subdivision (a) of Section 32020, the Attorney General may, at any time, further retest any handgun model that has been reinstated to the roster.
(b) (1) A handgun model removed from the roster for any reason not specified in subdivision (d) of Section 32020, including, but not limited to, a failure to pay the annual fee specified in Section 32015, may be reinstated on the roster if all of the following are met:
(A) The manufacturer petitions the Attorney General for reinstatement of the handgun model.
(B) The testing is conducted in the same manner as the testing prescribed in Sections 31900 and 31905.
(C) The manufacturer provides the Attorney General with the complete testing history of the handgun model.
(2) A handgun model reinstated pursuant to this subdivision shall only be required to meet the definitional requirements of Section 31910 to avoid being considered an “unsafe handgun” as of the date the handgun model was originally submitted for testing before it was removed from the roster.
(3) If the handgun successfully passes testing for reinstatement, the Attorney General shall reinstate the handgun model on the roster maintained pursuant to subdivision (a) of Section 32015.

SEC. 3.Section 32030 of the Penal Code is amended to read:
32030.

(a)(1)A firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 32015 if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm only in one or more of the following features:

(A)Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.

(B)The material from which the grips are made.

(C)The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.

(D)Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.

(2)Any manufacturer seeking to have a firearm listed under this subdivision shall provide to the Department of Justice all of the following:

(A)The model designation of the listed firearm.

(B)The model designation of each firearm that the manufacturer seeks to have listed under this subdivision.

(C)A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in paragraph (1) of subdivision (a) and is in all other respects identical to the listed firearm.

(3)The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section.

(b)(1)Notwithstanding subdivision (a), a firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 32015 if another firearm made by the same manufacturer is already listed and the unlisted firearm meets all of the following requirements:

(A)The firearm possesses the same make and model designation as the listed firearm.

(B)The firearm is of the same caliber and has the same barrel length as the listed firearm.

(C)The firearm is identical to the listed firearm except as follows:

(i)A part of the firearm has been redesigned so that it does not have the same dimensions as the previous part.

(ii)A part of the firearm is made using a different manufacturing technique than a previous part.

(iii)A part of the firearm is made out of a different material than a previous part.

(iv)The firearm includes any other noncosmetic change not specified in subdivision (a).

(2)A manufacturer seeking to have a firearm deemed to satisfy the requirements of subdivision (a) of Section 32015 pursuant to this subdivision shall provide the Department of Justice with a declaration, under oath, stating the nature of the difference described in subparagraph (C) of paragraph (1) and that the firearm differs from the previous version only in the manner specified. Only one declaration may be submitted per change.

(3)The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this subdivision, to determine whether the model complies with the requirements of this subdivision. The department may, in its discretion and at any time, subject any model submitted pursuant to this paragraph to retesting pursuant to Section 32020. If the handgun model fails retesting, the Attorney General shall remove the handgun model from the roster maintained pursuant to subdivision (a) of Section 32015. If a handgun is removed from the roster pursuant to this paragraph, it may be reinstated pursuant to Section 32025.

(4)In addition to the other provisions of this subdivision, a manufacturer of a firearm that has already been modified as specified in paragraph (1) as of January 1, 2015, is not in violation of Section 32000 if the manufacturer complies with the requirements of this section and submits the firearm to be tested pursuant to Sections 31900 and 31905 no later than March 31, 2015.

(5)A firearm deemed to satisfy the requirements of subdivision (a) of Section 32015 pursuant to this subdivision shall only be required to meet the definitional requirements of Section 31910 to avoid being considered an “unsafe handgun” as of the date the similar listed firearm was originally submitted for testing.

SEC. 3.

 Section 32030 of the Penal Code is amended to read:

32030.
 (a) A firearm shall be deemed to satisfy the requirements of subdivision (a) of Section 32015 if another firearm made by the same manufacturer is already listed and the unlisted firearm differs from the listed firearm only in one or more of the following features:
(1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.
(2) The material from which the grips are made.
(3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(4) Any other purely cosmetic or minor feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the firearm.
(b) Any manufacturer seeking to have a firearm listed under this section shall provide to the Department of Justice all of the following:
(1) The model designation of the listed firearm.
(2) The model designation of each firearm that the manufacturer seeks to have listed under this section.
(3) A statement, under oath, that each unlisted firearm for which listing is sought differs from the listed firearm only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed firearm.
(c) The department may, in its discretion and at any time, require a manufacturer to provide to the department any model for which listing is sought under this section, to determine whether the model complies with the requirements of this section.

SEC. 4.

 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) 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.
(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) 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.
(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 sale, loan, or transfer of any pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Sections 26700 to 26915, inclusive, if all of the following requirements are met:
(1) The licensee is in lawful possession of the firearm.
(2) The firearm was previously listed on the roster pursuant to Section 32015, but was removed from the roster for any reason not specified in Section 32020.
(3) The licensee possessed the firearm within this state for purposes of sale before the firearm was removed from the roster.
(4) The licensee notified the department, on a form provided by the department, of the number of firearms meeting the criteria of paragraphs (1) to (3), inclusive, within 30 days of the firearm being removed from the roster.

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.