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SB-1285 Firearms: firearm safety devices.(2001-2002)

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SB1285:v96#DOCUMENT

Amended  IN  Senate  January 24, 2002
Amended  IN  Senate  April 01, 2002
Amended  IN  Senate  June 06, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Senate Bill
No. 1285

Introduced  by  Senator Knight

January 16, 2002

An act to amend Section 12088.1 of the Penal Code, relating to firearms, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1285, as amended, Knight. Firearms: firearm safety devices.
Existing law, subject to exceptions, requires all firearms sold, transferred, or manufactured in this state be accompanied by a firearms safety device that is approved by the Department of Justice, as specified.
This bill would add to the exceptions to these provisions, until September 1, 2003, the circumstance where the Department of Justice is unable to approve a firearms safety device for a particular firearm that is not a handgun. The bill would also require the department until September 1, 2003, to grant a waiver to these provisions for the sale or transfer of a particular firearm that is not a handgun if no firearms safety device is compatible with the particular firearm.
The bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12088.1 of the Penal Code is amended to read:

12088.1.
 Effective January 1, 2002:
(a) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state, shall include or be accompanied by a firearms safety device that is listed on the Department of Justice’s roster of approved firearms safety devices.
(b) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state shall be accompanied with warning language or labels as described in Section 12088.3.
(c) The sale or transfer of a firearm shall be exempt from subdivision (a) if both paragraphs (1) and (2), or if paragraph (3), of the following apply:
(1) The purchaser or transferee owns a gun safe that meets the standards set forth in Section 12088.2. Gun safes shall not be required to be tested, and therefore may meet the standards without appearing on the Department of Justice roster.
(2) The purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the Attorney General, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealers’ record of sales of firearms.
(3) The Until September 1, 2003, the Department of Justice is unable to approve a firearms safety device for a particular firearm that is not a handgun.
(d) The sale or transfer of a firearm shall be exempt from subdivision (a) if all of the following apply:
(1) The purchaser or transferee purchases an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm.
(2) The purchaser or transferee presents the approved safety device to the firearms dealer when picking up the firearm.
(3) The purchaser or transferee presents an original receipt to the firearms dealer which shows the date of purchase, the name, and the model number of the safety device.
(4) The firearms dealer verifies that the requirements in (1) to (3), inclusive, have been satisfied.
(5) The firearms dealer maintains a copy of the receipt along with the dealers’ record of sales of firearms.
(e) The Until September 1, 2003, the department shall grant a waiver of the requirements of subdivision (a) as they pertain to the sale or transfer of a firearm that is not a handgun if there is no firearms safety device that is compatible with the firearm that is the object of the sale or transfer.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to permit proper implementation of provisions requiring firearms safety devices for firearms, it is necessary that this act take immediate effect.