Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1057

Introduced by Assembly Member Petrie-Norris
(Coauthors: Assembly Members Berman, Gabriel, Levine, Quirk-Silva, and Stone)

February 18, 2021

An act to amend Section 32000 16520 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1057, as amended, Petrie-Norris. Firearms: unsafe handguns. Firearms.
Existing law generally regulates the transfer and possession of firearms. Existing law defines a firearm as a device, designed to be used as a weapon, from which a projectile is expelled through a barrel by force of an explosion or other form of combustion. Existing law also defines a firearm to include the frame or receiver of the weapon within certain specified provisions.
Existing law authorizes an immediate family member of a person or a law enforcement officer to request that a court, after notice and a hearing, issue a gun violence restraining order against that person, prohibiting the subject of the petition from having in their custody or control, or owning, purchasing, possessing, or receiving, a firearm or ammunition, as specified. Under existing law, a violation of a gun violence restraining order is a crime.
The bill would define a firearm, for the purpose of the specified gun violence restraining order provisions, to include a frame or receiver of the weapon, including an unfinished frame or receiver of a weapon that can readily be converted to the functional condition of a finished frame or receiver. By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
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.

Existing law prohibits the manufacture, importation, sale, or transfer of an unsafe handgun, as defined. Existing law exempts from this prohibition sales to specified law enforcement agencies or other specified government agencies for use by specified employees and sales to specified peace officers.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 16520 of the Penal Code is amended to read:

16520.
 (a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
(b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 18100 to 18205, inclusive.

(7)

(8) Sections 26500 to 26588, inclusive.

(8)

(9) Sections 26600 to 27140, inclusive.

(9)

(10) Sections 27400 to 28000, inclusive.

(10)

(11) Section 28100.

(11)

(12) Sections 28400 to 28415, inclusive.

(12)

(13) Sections 29010 to 29150, inclusive.

(13)

(14) Section 29180.

(14)

(15) Sections 29610 to 29750, inclusive.

(15)

(16) Sections 29800 to 29905, inclusive.

(16)

(17) Sections 30150 to 30165, inclusive.

(17)

(18) Section 31615.

(18)

(19) Sections 31705 to 31830, inclusive.

(19)

(20) Sections 34355 to 34370, inclusive.

(20)

(21) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code.
(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.
(d) As used in the following provisions, “firearm” does not include an unloaded antique firearm:
(1) Section 16730.
(2) Section 16550.
(3) Section 16960.
(4) Section 17310.
(5) Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.
(6) Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26700 to 26915, inclusive.
(9) Section 27510.
(10) Section 27530.
(11) Section 27540.
(12) Section 27545.
(13) Sections 27555 to 27585, inclusive.
(14) Sections 29010 to 29150, inclusive.
(15) Section 25135.
(16) Section 29180.
(e) As used in Sections 34005 and 34010, “firearm” does not include a destructive device.
(f) As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.
(g) As used in Sections 29010 to 29150, inclusive, and Sections 18100 to 18205, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.

SEC. 2.

 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.
SECTION 1.Section 32000 of the Penal Code is amended to read:
32000.

(a)(1)A 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 unsafe handgun shall be punished by imprisonment in a county jail not to exceed one year.

(2)The failure to report to the Department of Justice in accordance with the provisions of paragraph (2) of subdivision (f) the sale or transfer of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b) may be subject to a civil penalty not to exceed ten thousand dollars ($10,000).

(3)In addition to any criminal penalty provided in paragraph (1), the unlawful sale or transfer of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b) may be subject to a civil penalty not to exceed ten thousand dollars ($10,000).

(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 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.

(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 for use as a service weapon, if the handgun is sold to, or purchased by, any of the following entities for use by, or sold to or purchased by, sworn members of these entities who have satisfactorily completed the POST basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by the Commission on Peace Officer Standards and Training (POST) pursuant to Section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months:

(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.

(U)A local agency employing park rangers described in subdivision (b) of Section 830.31.

(7)(A)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 for use as a service weapon by the sworn members of these entities who have satisfactorily completed the POST basic course or, before January 1, 2021, have satisfactorily completed the firearms portion of a training course prescribed by the POST pursuant to Section 832, and who, as a condition of carrying that handgun, complete a live-fire qualification prescribed by their employing entity at least once every six months:

(i)The California Horse Racing Board.

(ii)The State Department of Health Care Services.

(iii)The State Department of Public Health.

(iv)The State Department of Social Services.

(v)The Department of Toxic Substances Control.

(vi)The Office of Statewide Health Planning and Development.

(vii)The Public Employees’ Retirement System.

(viii)The Department of Housing and Community Development.

(ix)Investigators of the Department of Business Oversight.

(x)The Law Enforcement Branch of the Office of Emergency Services.

(xi)The California State Lottery.

(xii)The Franchise Tax Board.

(B)This paragraph does not authorize the sale to, or purchase by, sworn members of the entities specified in subparagraph (A) in a personal capacity.

(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) or (7) of subdivision (b) and a person who is not exempt from the requirements of this section.

(2)(A)A person who obtains or has use of an unsafe handgun pursuant to paragraph (6) or (7) 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 to exceed 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 their 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)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.

(e)(1)The Department of Justice shall maintain a database of unsafe handguns obtained pursuant to paragraph (4), (6), or (7) of subdivision (b). This requirement shall apply retroactively to include information in the department’s possession. The department may satisfy this requirement by maintaining this information in any existing firearm database that reasonably facilitates compliance with this subdivision.

(2)A person or entity that is in possession of an unsafe handgun obtained pursuant to paragraph (4), (6), or (7) of subdivision (b), shall notify the department of any sale or transfer of that handgun within 72 hours of the sale or transfer in a manner and format prescribed by the department. This requirement shall be deemed satisfied if the sale or transfer is processed through a licensed firearms dealer pursuant to Section 27545. A sale or transfer accomplished through an exception to Section 27545 is not exempt from this reporting requirement.

(3)By no later than March 1, 2021, the department shall provide a notification to persons or entities possessing an unsafe handgun pursuant to paragraph (4), (6), or (7) of subdivision (b) regarding the prohibitions on the sale or transfer of that handgun contained in this section. Thereafter, the department shall, upon notification of sale or transfer, provide the same notification to the purchaser or transferee of any unsafe handgun sold or transferred pursuant to those provisions.