Bill Text: CA SB697 | 2009-2010 | Regular Session | Introduced
Bill Title: Firearms: owner-authorized handguns.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB697 Detail]
Download: California-2009-SB697-Introduced.html
BILL NUMBER: SB 697 INTRODUCED
BILL TEXT
INTRODUCED BY Senator DeSaulnier
FEBRUARY 27, 2009
An act to amend Sections 12126, 12130, and 12132 of, and to add
Sections 12134 and 12135 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 697, as introduced, DeSaulnier. Firearms: owner-authorized
handguns.
Existing law establishes criteria for determining if a handgun is
unsafe. Existing law generally requires manufacturers to submit
samples of new handgun models for testing to determine if they are
unsafe or may be approved for sale, as specified. Other provisions of
existing law, subject to exceptions, generally make it an offense to
manufacture or sell a handgun that is not safe.
This bill would provide that commencing 18 months following the
Attorney General's reporting that owner-authorized handguns are
available for retail sale, as specified, a handgun would be unsafe if
it was not owner-authorized, as defined, and would provide an
exception to these provisions for the sale, loan, or transfer of
handguns manufactured in or imported into this state prior to that
date, as specified. The bill would specify requirements that
owner-authorized handguns would be required to meet in order for the
Attorney General to determine that owner-authorized handguns are
available for retail sale, and in order to comply with certain safety
standards, as specified.
The bill would require the Attorney General, commencing July 1,
2010, and every July 1 thereafter through 2015, to report to the
Governor and the Legislature regarding the progress made on the
availability for retail sale of owner-authorized handguns, as
specified.
By expanding the application of provisions of law that define a
criminal offense, this bill would impose a state-mandated local
program.
The bill would also provide that, commencing 18 months following
the Attorney General's reporting that owner-authorized handguns are
available for retail sale, as specified, any person who intentionally
disables or circumvents the technology of an owner-authorized
handgun is guilty of a misdemeanor.
By creating a new crime, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12126 of the Penal Code is amended to read:
12126. As used in this chapter, "unsafe handgun" means any
pistol, revolver, or other firearm capable of being concealed upon
the person, as defined in subdivision (a) of Section 12001, for which
any of the following is true:
(a) For a revolver:
(1) 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) It does not meet the firing requirement for handguns pursuant
to Section 12127.
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
(4) Commencing 18 months following the release of a report by the
Attorney General to the Legislature and the Governor reporting that
owner-authorized handguns are available for retail sale, pursuant to
Section 12134, it is not an owner-authorized handgun, provided,
however, that this paragraph shall not apply to the sale, loan, or
transfer of a revolver manufactured in or imported into this state
prior to that date.
(b) For a pistol:
(1) 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, and Firearms.
(2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
(4) Commencing January 1, 2006, for a center fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
12131, it does not have either a chamber load indicator, or a
magazine disconnect mechanism.
(5) Commencing January 1, 2007, for all center fire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have both a chamber load indicator and if it has
a detachable magazine, a magazine disconnect mechanism.
(6) Commencing January 1, 2006, for all rimfire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.
(7) Commencing January 1, 2010, for all semiautomatic pistols that
are not already listed on the roster pursuant to Section 12131, it
is not designed and equipped with a microscopic array of characters
that identify the make, model, and serial number of the pistol,
etched or otherwise imprinted in two 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, provided that the Department of Justice certifies that the
technology used to create the imprint is available to more than one
manufacturer unencumbered by any patent restrictions. 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, to be thereafter required as
otherwise set forth by this paragraph 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.
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 12090 and 12094.
(8) Commencing 18 months following the release of a report by the
Attorney General to the Legislature and the Governor reporting that
owner-authorized handguns are available for retail sale, pursuant to
Section 12134, it is not an owner-authorized handgun, provided,
however, that this paragraph shall not apply to the sale, loan, or
transfer of a pistol manufactured in or imported into this state
prior to that date.
(c) In addition to complying with the provisions of subdivisions
(a) and (b), as applicable, owner-authorized handguns shall comply
with the following performance standards:
(1) The firearm shall not fail to recognize the authorized user,
and shall not falsely recognize an unauthorized user, more than one
time per thousand recognition attempts.
(2) The time from first contact to use recognition and firearm
enablement shall be no more than 0.5 seconds.
(3) The time from loss of contact with the authorized user to
firearm disablement shall be no more than 0.5 seconds.
(4) When the firearm is enabled, the "ready" condition shall be
indicated by a visible indicator.
(5) If the firearm is battery operated, the firearm shall be
equipped with a "low power" indicator that emits an audible signal.
(6) If the user is not recognized, or if the power supply fails,
the firearm shall be inoperable.
(7) Enabling authorized user information shall be stored in the
firearm as permanent memory that is restored when power is restored.
(8) The firearm shall be capable of use by more than one
authorized user and, if the firearm uses hand recognition technology,
it shall recognize either of the authorized user's hands.
(c)
(d) As used in this section, a "chamber load indicator"
means a device that plainly indicates that a cartridge is in the
firing chamber. A device satisfies this definition if it is readily
visible, has incorporated or adjacent explanatory text or graphics,
or both, and is designed and intended to indicate to a reasonably
foreseeable adult user of the pistol, without requiring the user to
refer to a user's manual or any other resource other than the pistol
itself, whether a cartridge is in the firing chamber.
(d)
(e) As used in this section, a "magazine disconnect
mechanism" means a mechanism that prevents a semiautomatic pistol
that has a detachable magazine from operating to strike the primer of
ammunition in the firing chamber when a detachable magazine is not
inserted in the semiautomatic pistol.
(e)
(f) As used in this section, a "semiautomatic pistol"
means a pistol, as defined in subdivision (a) of Section 12001, the
operating mode of which 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.
(g) As used in this section, an "owner-authorized handgun" means a
handgun that has a permanent programmable biometric or other
permanent programmable feature as part of its original manufacture
that renders the handgun incapable of being fired except when
activated by the lawful owner or other users authorized by the lawful
owner, and that cannot be readily deactivated.
(1) An owner-authorized handgun shall only be programmed by a
licensed dealer.
(2) Biometric data collected for purposes of programming the
owner-authorized handgun shall not be used for any purpose other than
programming the owner-authorized handgun.
(3) The Department of Justice shall not retain any biometric data
that may be stored in an owner-authorized handgun.
SEC. 2. Section 12130 of the Penal Code is amended to read:
12130. (a) Any pistol, revolver, or other firearm capable of
being concealed upon the person manufactured in this state, imported
into the state for sale, kept for sale, or offered or exposed for
sale, shall be tested within a reasonable period of time by an
independent laboratory certified pursuant to subdivision (b) to
determine whether that pistol, revolver, or other firearm capable of
being concealed upon the person meets or exceeds the standards
defined in Section 12126.
(b) On or before October 1, 2000, the Department of Justice shall
certify laboratories to verify compliance with the standards defined
in Section 12126. The department may charge any laboratory that is
seeking certification to test any pistol, revolver, or other firearm
capable of being concealed upon the person pursuant to this chapter a
fee not exceeding the costs of certification.
(c) The certified testing laboratory shall, at the manufacturer's
or importer's expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department. The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department's determination as to
whether the firearm tested may be sold in this state.
(d) (1) Commencing January 1, 2006, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have either a chamber load indicator as defined in
subdivision (c) (d) of Section 12126,
or a magazine disconnect mechanism as defined in subdivision
(d) (e) of Section 12126 if it has a detachable
magazine.
(2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have both a chamber load indicator as defined in subdivision
(c) (d) of Section 12126 and a
magazine disconnect mechanism as defined in subdivision (d)
(e) of Section 12126.
(3) Commencing January 1, 2006, no rimfire semiautomatic pistol
may be submitted for testing pursuant to this chapter if it has a
detachable magazine, and does not have a magazine disconnect
mechanism as defined in subdivision (d) (e)
of Section 12126.
(4) Commencing 18 months following the release of a report by the
Attorney General to the Legislature and the Governor reporting that
owner-authorized handguns are available for retail sale, pursuant to
Section 12134, no handgun may be submitted for testing pursuant to
this chapter if it is not an owner-authorized handgun as defined in
Section 12126.
SEC. 3. 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 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 by a person licensed pursuant to
Section 12071 to its owner where that firearm was initially delivered
in the circumstances set forth in subdivisions
subdivision (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 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 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 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) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person to a person licensed pursuant to
Section 12071 where it was initially delivered pursuant to
subdivision (k).
SEC. 4. Section 12134 is added to the Penal Code, to read:
12134. (a) The Attorney General shall, commencing July 1, 2010,
and every July 1 thereafter through 2015, submit a written report to
the Governor and the Legislature summarizing the current availability
of owner-authorized handguns, as defined in subdivision (g) of
Section 12126. The Attorney General shall continue to submit reports
until he or she has reported that owner-authorized handguns are
available for retail sale.
(b) Each report shall state whether owner-authorized handguns are
available for retail sale, and if not, what progress, if any, has
been made in the development of that technology since the previous
report.
(c) Each report shall state what, if any, pressures exist within
the firearms industry to deliberately withhold owner-authorized
handguns from the market.
(d) The Attorney General shall consult with law enforcement
agencies, firearms industry representatives, private technology
providers, the State Department of Public Health, the University of
California, other higher learning institutions, and other appropriate
parties in making reports and recommendations pursuant to this
section.
(e) Each report shall explicitly state all sources consulted and
relied upon, including the names and affiliations of those sources,
and shall be made publicly accessible.
(f) Once the Attorney General has reported that owner-authorized
handguns are being produced and offered for sale in any state or
country, the Attorney General shall contact the manufacturer in
writing and inform it of the provisions of California law relating to
owner-authorized handguns. The Attorney General shall invite the
manufacturer to submit its owner-authorized handguns for testing at
the manufacturer's expense.
(g) Owner-authorized handguns shall be deemed available for retail
sale when at least one domestic or foreign manufacturer has
submitted its owner-authorized handgun for testing and the Attorney
General has determined that it meets the performance standards set
forth in subdivision (c) of Section 12126, provided that the Attorney
General may not certify that "owner-authorized handguns" are
available for retail sale, unless the Attorney General has determined
that the requirements in either paragraph (1) or (2) apply:
(1) The manufacturer has the capacity to meet the reasonably
expected demand of California residents for the new handguns, there
is one technology that meets the required standards and the
manufacturer has provided written assurances that any applicable
patents will either not be asserted or will be available for
licensing on a nonexclusive basis on reasonable and nondiscriminatory
terms.
(2) There are at least two technologies that meet the required
standards.
SEC. 5. Section 12135 is added to the Penal Code, to read:
12135. Commencing 18 months following the release of a report by
the Attorney General to the Legislature and the Governor reporting
that owner-authorized handguns are available for retail sale,
pursuant to Section 12134, any person who intentionally disables or
circumvents the technology of an owner-authorized handgun, other than
a licensed dealer as necessary to program the owner-authorized
handgun, is guilty of a misdemeanor.
SEC. 6. 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.
