California 2009 2009-2010 Regular Session

California Assembly Bill AB2546 Introduced / Bill

Filed 02/19/2010

 BILL NUMBER: AB 2546INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hagman FEBRUARY 19, 2010 An act to amend Section 12125 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 2546, as introduced, Hagman. Firearms. Existing law, subject to exceptions, provides that any 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 any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. This bill would make technical, nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12125 of the Penal Code is amended to read: 12125. (a) Commencing January 1, 2001, any 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 any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year. (b) This section shall not apply to any of the following: (1) The manufacture in this state, or importation into this state, of any prototype  pistol, revolver, or other firearm capable of being concealed upon the person   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 12130 to conduct an independent test to determine whether that  pistol, revolver, or other firearm capable of being concealed upon the person   handgun  is prohibited by this chapter, and, if not, allowing the department to add the  firearm  handgun  to the roster of  pistols, revolvers, and other firearms capable of being concealed upon the person   handgun  that may be sold in this state pursuant to Section 12131. (2) The importation or lending of a  pistol, revolver, or other firearm capable of being concealed upon the person   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 any  pistol, revolver or other firearm capable of being concealed upon the person   handgun  , if the  pistol, revolver, or other firearm   handgun  is sold to, or purchased by, the Department of Justice, any police department, any sheriff's official, any marshal's office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney's office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any  pistol, revolver, or other firearm capable of being concealed upon the person   handgun  . (c) 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.