Amended  IN  Senate  April 20, 2023
Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 452

Introduced by Senator Blakespear
(Principal coauthor: Assembly Member Friedman)

February 13, 2023

An act to add Sections 27531, 27532, 27533, and 27534 to to, and to amend, repeal, and add Section 31910 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 452, as amended, Blakespear. Firearms.
Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law establishes criteria for determining if a handgun is an unsafe handgun, including, for firearms manufactured after a certain date and not already listed on the roster, the lack of a chamber load indicator, magazine disconnect mechanism, and technology that transfers a microscopic array of characters from the firearm to the cartridge case when the firearm is fired, known as a microstamp.
This bill would prohibit, commencing on January 1, 2027, a licensed firearms dealer from selling, offering for sale, exchanging, giving, transfering, or delivering a semiautomatic pistol, as defined, unless the pistol has been verified as a microstamping-enabled pistol. The bill would also prohibit a person from modifying a microstamping-enabled pistol or microstamping component with the intent to prevent the production of a microstamp. By creating new crimes, the bill would impose a state-mandated local program.
The bill would require the Department of Justice to provide written guidance concerning qualifying criteria and performance standards for microstamping components, as defined, and would require the department to establish standards for the training and licensure of entities to retrofit semiautomatic pistols with microstamping components.
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: YES  

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


SECTION 1.

 Section 27531 is added to the Penal Code, to read:

27531.
 The following terms have the following meanings for purposes of this article:
(a) “Microstamping component” means a component part of a semiautomatic pistol that will produce a microstamp on at least one location of the expended cartridge case each time the pistol is fired.
(b) “Microstamping-enabled pistol” means a semiautomatic pistol that contains a microstamping component installed by its manufacturer or by a person licensed by the state, an association, a partnership, a corporation, or another entity in compliance with standards established by the Department of Justice or its designee.
(c) “Semiautomatic pistol” means a pistol, as defined in Section 16530, that has an operating mode that 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.

SEC. 2.

 Section 27532 is added to the Penal Code, to read:

27532.
 (a) On or before July 1, 2025, the Department of Justice shall provide written guidance concerning qualifying criteria and performance standards for microstamping components.
(b) On or before July 1, 2026, the Department of Justice shall establish processes and standards for the training and licensure of persons, associations, partnerships, corporations, or other entities so that those entities may engage in the business of servicing semiautomatic pistols and their components to ensure compliance with the requirements of Section 27533.
(c) On or before July 1, 2026, the Department of Justice shall designate a state body to facilitate the service of semiautomatic pistols and their components to ensure compliance with the requirements of Section 27533.
(d) The Department of Justice shall adopt rules or regulations that may be necessary or proper to carry out the provisions of this section.

SEC. 3.

 Section 27533 is added to the Penal Code, to read:

27533.
 (a) Commencing on July 1, 2027, it shall be unlawful for a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, to sell, offer for sale, exchange, give, transfer, or deliver any semiautomatic pistol unless the pistol has been verified as a microstamping-enabled pistol.
(b) The first violation for unlawful sale of a nonmicrostamping-enabled pistol pursuant to this section shall be punishable by a fine of not more than one thousand dollars ($1,000).
(c) The second violation for unlawful sale of a nonmicrostamping-enabled pistol pursuant to this section shall be punishable by a fine of not more than five thousand dollars ($5,000) and may result in the revocation of the dealer’s license issued under Sections 26700 to 26915, inclusive.
(d) The third violation for unlawful sale of a nonmicrostamping-enabled pistol pursuant to this section is a misdemeanor and shall result in the revocation of the dealer’s license issued under Sections 26700 to 26915, inclusive.
(e) This section shall not apply to a pistol manufactured prior to the effective date of this section.

SEC. 4.

 Section 27534 is added to the Penal Code, to read:

27534.
 (a) A person who modifies a microstamping-enabled pistol or microstamping component with the intent to prevent the production of a microstamp is, for a first offense, guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, and for a second or subsequent offense, is guilty of a misdemeanor punishable by imprisonment in the county jail of not more than one year, by a fine of not more than two thousand dollars ($2,000), or by both that fine and imprisonment.
(b) Subdivision (a) shall not apply to a pistol manufactured prior to the effective date of this section.

(b)

(c) For the purposes of this section, it shall not be unlawful to replace the microstamping component of a microstamping-enabled pistol when the component is damaged or in need of replacement with another valid microstamping component for the safe use of the firearm or replacing a microstamping component for a legitimate sporting purpose.

SEC. 5.

 Section 31910 of the Penal Code is amended to read:

31910.
 (a) As used in this part, “unsafe handgun” means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:

(a)

(1) For a revolver:

(1)

(A) 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)

(B) It does not meet the firing requirement for handguns.

(3)

(C) It does not meet the drop safety requirement for handguns.

(b)

(2) For a pistol:

(1)

(A) 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, Firearms and Explosives.

(2)

(B) It does not meet the firing requirement for handguns.

(3)

(C) It does not meet the drop safety requirement for handguns.

(4)

(D) Commencing July 1, 2022, for all centerfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator.

(5)

(E) Commencing July 1, 2022, for all centerfire or rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine.

(6)(A)

(F) (i) Commencing July 1, 2022, for all semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it is not designed and equipped with a microscopic array of characters used to identify the make, model, and serial number of the pistol, etched or otherwise imprinted in one 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.

(B)

(ii) 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, subparagraph, to be thereafter required as otherwise set forth by this paragraph subparagraph 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. subparagraph.

(C)

(iii) 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 23900 and 23920.

(7)

(b) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in paragraphs (4), (5), and (6) of subdivision (b) subparagraphs (D), (E), and (F) of paragraph (2) of subdivision (a) and added to the roster before July 1, 2022. Notwithstanding those paragraphs, subparagraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those paragraphs. subparagraphs.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 6.

 Section 31910 is added to the Penal Code, to read:

31910.
 (a) As used in this part, “unsafe handgun” means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:
(1) For a revolver:
(A) 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.
(B) It does not meet the firing requirement for handguns.
(C) It does not meet the drop safety requirement for handguns.
(2) For a pistol:
(A) 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, Firearms and Explosives.
(B) It does not meet the firing requirement for handguns.
(C) It does not meet the drop safety requirement for handguns.
(D) Commencing July 1, 2022, for all centerfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a chamber load indicator.
(E) Commencing July 1, 2022, for all centerfire or rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism if it has a detachable magazine.
(b) The Department of Justice shall, for each semiautomatic pistol newly added to the roster pursuant to Section 32015, remove from the roster exactly three semiautomatic pistols lacking one or more of the applicable features described in subparagraphs (D) and (E) of paragraph (2) of subdivision (a) and added to the roster before July 1, 2022. Notwithstanding those subparagraphs, each semiautomatic pistol removed from the roster pursuant to this subdivision shall be considered an unsafe handgun. The Attorney General shall remove semiautomatic pistols from the roster pursuant to this subdivision in reverse order of their dates of addition to the roster, beginning with the semiautomatic pistol added to the roster on the earliest date and continuing until each semiautomatic pistol on the roster includes each of the applicable features described in those subparagraphs.
(c) This section shall become operative on January 1, 2027.

SEC. 5.SEC. 7.

 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.