BILL NUMBER: SB 916 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 24, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE MARCH 19, 2014
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.
State-mandated local program: yes no .
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.