California Assembly Bill AB2546 Latest Draft

 BILL NUMBER: AB 2546AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Hagman FEBRUARY 19, 2010 An act to amend Section  12125   12132  of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 2546, as amended, Hagman. Firearms.  Existing law, subject to exceptions, subjects 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, as defined, to imprisonment in a county jail for not more than one year. Existing law, subject to exceptions, 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.   This bill would exempt from those provisions, handguns for which production ceased prior to January 1, 2000, and for which production has not resumed, and handguns that are commemorative or custom-made, and for which production was or is limited to 1,000 or fewer 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:  SECTIO   N 1.   Section 12132 of the   Penal Code   is amended to read:  12132. This chapter shall not apply to any of the following: (a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072. (b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072. (c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 12125. (d) The delivery of a  pistol, revolver, or other firearm capable of being concealed upon the person   handgun  to a person licensed pursuant to Section 12071 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   handgun  by a person licensed pursuant to Section 12071 to its owner where that firearm was initially delivered in the circumstances set forth in subdivisions (a), (d), (f) or (j). (f) The delivery of a  pistol, revolver, or other firearm capable of being concealed upon the person to a person   handgun  licensed pursuant to Section 12071 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   handgun  listed as a curio or relic, as defined in Section 178.11 of the Code of Federal Regulations. (h) (1) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time that the act adding this subdivision is enacted, and that fall within the definition of "unsafe handgun" pursuant to paragraph (3) of subdivision (b) of Section 12126 shall be exempt, as provided in paragraphs (2) and (3). (2) This chapter shall not apply to any of the following pistols, because they are consistent with the significant public purpose expressed in paragraph (1): MANUFACTURER MODEL CALIBER ANSCHUTZ FP .22LR BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG DRULOV FP .22LR GREEN ELECTROARM .22LR HAMMERLI 100 .22LR HAMMERLI 101 .22LR HAMMERLI 102 .22LR HAMMERLI 162 .22LR HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI FP10 .22LR HAMMERLI MP33 .22LR HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG MORINI CM102E .22LR MORINI 22M .22LR MORINI 32M .32 S&W LONG MORINI CM80 .22LR PARDINI GP .22 SHORT PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI K22 .22LR PARDINI MP .32 S&W LONG PARDINI PGP75 .22LR PARDINI SP .22LR PARDINI SPE .22LR SAKO FINMASTER .22LR STEYR FP .22LR VOSTOK IZH NO. 1 .22LR VOSTOK MU55 .22LR VOSTOK TOZ35 .22LR WALTHER FP .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT (3) The department shall create a program that is consistent with the purpose stated in paragraph (1) to exempt new models of competitive firearms from this chapter. The exempt competitive firearms may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. (i) 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. (j) The delivery of a  pistol, revolver, or other firearm capable of being concealed upon the person   handgun  to a person licensed pursuant to Section 12071 where the firearm is being loaned by the licensee to a consultant-evaluator.  (k) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Section 12071 where the firearm is being loaned by the licensee to a consultant-evaluator.   (l)   (k)  The return of a  pistol, revolver, or other firearm capable of being concealed upon the person to a person   handgun  licensed pursuant to Section 12071 where it was initially delivered pursuant to subdivision  (k)   (j)  .  (l) Handguns for which production ceased prior to January 1, 2000, and for which production has not resumed.   (m) Handguns that are commemorative and for which total production was or is limited to 1,000 or fewer firearms.   (n) Handguns that are custom-made and for which total production was or is limited to 1,000 or fewer firearms.   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 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 handgun is prohibited by this chapter, and, if not, allowing the department to add the handgun to the roster of handgun that may be sold in this state pursuant to Section 12131. (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 any handgun, if the 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 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.