BILL NUMBER:  AB 505  INTRODUCED
BILL TEXT

INTRODUCED BY  Assembly Member Wright

FEBRUARY 18, 1999

An act to add Article 8 (commencing with Section 12120) to Chapter 1 of Title 2 of Part 4 of the Penal Code, relating to firearms.

ANNOTATIONS BY J. PHILLIPS IN RED AND BLUE.  ADDITIONS IN ITALICS.


LEGISLATIVE COUNSEL'S DIGEST

AB 505, as introduced, R. Wright.  Firearm safety standards.

   Existing law regulates the manufacture and sale of firearms in California.

   This bill would require every model of pistol, revolver, or other firearm capable of being concealed upon the person that is manufactured for sale in California on or after July 1, 2000*, to satisfy specified safety tests and standards.  The bill would require every licensed manufacturer of firearms in this state and every wholesaler who imports firearms into this state for sale to annually verify that every new or significantly modified model of firearm subject to these provisions that he or she manufactures or imports is in compliance with these standards by certification under penalty of perjury on a form developed by the Attorney General.  Any person who knowingly or intentionally misrepresents information in the certification would be liable for a specified civil penalty and a term of imprisonment in a county jail.  By expanding the crime of perjury, the bill would impose a state-mandated local program.

*  The proposed new article (8) actually applies to guns sold in California after July 1, 2000 OR manufactured after July 1, 2000 and then sold in California, depending upon how the statute is interpreted.  The gun doesn't have to be manufactured specifically for sale in California.  (The later requirement for certification indicates that the manufacturing date is the significant one.)

   Upon determining that a firearm model is not in compliance with the applicable standards, the bill would authorize the Attorney General to direct the manufacturer or wholesaler to cease the manufacture, distribution, and sale of that model of firearm and to recall all unsold firearms of that model from commercial outlets [in Calif?].  Any person who manufactures a substandard firearm or who continues to manufacture a substandard firearm in contravention of the Attorney General's direction would be liable for a specified civil penalty.

[Even though the bill says it applies only to concealable firearms SOLD in California, 12124 specifies that the Atty Genl may order cessation of manufacturing, and provides for a civil penalty, without regard for whether or not the firearms are offered for sale in California.]

   The bill also would authorize the Department of Justice to charge every licensed manufacturer of firearms in this state, [even if he does not produce a firearm subject to the statute (i.e., SOLD in the state)] and any manufacturer who sells, intends to sell, or causes to be sold in this state any model of firearm subject to these provisions, an annual fee not exceeding the costs of administering the department's duties under these provisions.

[But does not provide for importers to bear any of the burden.]

   The bill also would require every person who is licensed to sell firearms under a specified provision, to provide purchasers of handguns manufactured after the effective date of this bill with written notice that the handgun conforms to the safety requirements of this [i.e., the newly added] article.

   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.  Article 8 (commencing with Section 12120) is added to Chapter 1 of Title 2 of Part 4 of the Penal Code, to read:

     Article 8.  California Sporting and Self Defense Handgun Safety Standards Act

   12120.  (a) The Legislature finds that like other tools and recreational instruments, firearms are subjected to a wide variety and intensity of use.  Law enforcement firearms will generally be subjected to the greatest demands for reliability and life span.  To assist law enforcement administrators in making their handgun selections, the federal Department of Justices' National Institute of Justice has developed testing standards for [firearms used in] law enforcement.  The Legislature finds that those standards are appropriate.  The Legislature further finds that it is appropriate to establish different standards for handguns that are primarily used for sporting and [civilian] self defense purposes.

FOLLOWING IS SUPPOSEDLY WHAT THE NEW LAW APPLIES TO:

   (b) This article (i.e., Art. 8, this added law) shall apply to every model of pistol, revolver, or other firearm capable of being concealed upon the person that is manufactured in any state and then sold in California on or after July 1, 2000.[?Other places in this new Article 8 refer to manufacture after this date.]

FOLLOWING IS DEFN & EXCEPTIONS:

   (c) As used in this article(i.e., Art. 8, this added law), "pistol," "revolver," or "firearm capable of being concealed upon the person" shall have the same meaning as provided in Section 12001, except the standards and test procedures set forth in this article (i.e., Art. 8, this added law) shall not apply to the following:

   (1) Muzzle loading and black powder firearms of any type.
   (2) Firearms primarily intended for formal target shooting, including firearms whose trigger pull is designed to be less than three pounds or 1.36 kilograms.
   (3) Any firearm capable of being concealed upon the person that is listed as a curio or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations.
   (4) Single action revolvers.
   (5) Frames that are used as the basis for custom made handguns.
   (6) Handguns approved for either duty or off-duty use by any California law enforcement agency on the effective date of this bill[article].

July 1, '99 per sec. 2 of this bill; 1 yr before the sales restrictions start.

   (d) When an approved existing[a previously certified] model has significant design or manufacturing changes, retesting and recertification will be necessary.  Changes to grips, sights, barrel length, finish, name or any external nonsafety related feature is not cause for retesting or recertification.

"Approval" is not addressed anywhere in the new article.  Also, adding thickness to a wall of a firing chamber or barrel, without change of material or material conditioning, also should be allowed without requiring retest/recertification since the change could only make the firearm stronger and safer.

   (e) The Attorney General may raise or lower the number of rounds required by Section 12121, if after public hearing and the presentation of expert testimony, it is deemed necessary.

FOLLOWING (SEC. 12121) IS THE BASIC REQT FOR THE HANDGUNS:

   12121.  Every model of pistol, revolver, or other firearm capable of being concealed upon the person that is subject to this article(Art. 8, this added law) shall satisfy all of the following tests:

   (a) Pressure testing of the barrel that is in compliance with the criteria and test procedures of the applicable performance standards [which are those?] of the American National Standards Institute for Commercial Manufacturers.

   (b) Drop safety testing as specified by the federal Department of Justices' National Institute of Justice.

[This means the NIJ could produce some test specification specifically for Calif.  Should specify here (at least) the NIJ test developed for firearms used by law enforcement.  Should preferably specify by number, title and date, or something similarly exact.]

   (c) Model qualification firing requirement, as described by the federal Department of Justices' National Institute of Justice except that 300 rounds will be fired.

Same objection.

There is no technical reason to require testing handgun models that:

FOLLOWING (SEC. 12122) IS REQTS FOR MFR & IMPORTER CERTIFICATION:

   12122.  (a) Every person who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code who manufactures firearms [subject to this article] in this state and every wholesaler, as defined in subdivision (h) of Section 12001, who imports firearms [subject to this article] into this state for sale shall annually verify that every new or significantly modified model of pistol, revolver, or other firearm capable of being concealed upon the person that [is subject to this article and] was manufactured six months after the effective date of this article (i.e., Art. 8, this added law) or later, and that he or she manufactures or imports for sale in this state, is in compliance with the standards defined in Section 12121.  Notice of compliance shall be by certification under penalty of perjury that each model meets the standards defined in Section 12121 on a form developed by the Attorney General.

By design of the form, the AG could bias the impact of the law.

   (b) If the Attorney General has cause to believe that a specific model covered by this article [this new law] is not in compliance with Section 12121, he or she may direct that an independent test be conducted at an appropriate testing facility [as a condition of continued sale in California].  The cost of the testing shall be the responsibility of the manufacturer.[for imported handguns?]

   (c) Notwithstanding subdivision (b), nothing in this article shall prevent the Attorney General from conducting random testing to ensure compliance with requirements of Section 12121.

   (d) Every person who knowingly or intentionally misrepresents any information contained in the notice of compliance required by this section(12122, re. mfr certification), shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation or, for continuing violations, for each day that the violation continues.

FOLLOWING IS THE REQT FOR PENALTIES & ENFORCEMENT:

   12123.  Every person who manufactures any firearm subject to this article [i.e., concealable firearm SOLD in Calif] that is not in compliance with the standards defined in Section 12086[12121] shall be liable for a civil penalty in the amount of one thousand dollars ($1,000) per firearm manufactured in violation of the standards.[even if not made in Calif for sale in Calif?]

How can we hold a mfr. responsible for a wholesaler selling to a California dealer?

   12124.  (a) If the Attorney General determines that a firearm [subject to this Article] is not in compliance with the standards defined in Section 12121, the Attorney General may, by certified letter, direct the manufacturer or wholesaler to cease the manufacture, distribution, and sale of that model of firearm [in California] and to recall all unsold firearms of that model from commercial outlets [in California].  [even if not made in Calif or offered for sale in Calif?]  The certified letter shall set forth the specific grounds upon which the Attorney General has determined that model of firearm is not in compliance with the standards.

   (b) Every person who continues to manufacture[sell in California] any firearm subject to this article that is not in compliance with the standards defined in Section 12121, in violation of the direction of the Attorney General shall be liable for a civil penalty of not less than twenty-five thousand dollars ($25,000) and not to exceed one hundred thousand dollars ($100,000) for each violation or, for continuing violations, for each day that the violation continues after the day the person receives the certified letter from the Attorney General, and a term of imprisonment in a county jail not to exceed one year.[even if not made in Calif for sale in Calif?]

   (c) The Attorney General may recover litigation costs from any person found liable for a civil penalty pursuant to subdivision (b).

FOLLOWING (SEC. 12125)IS REQT FOR DOJ RECOVERING COSTS FROM MFRS

   12125.  The Department of Justice may charge every person in this state who is licensed as a manufacturer of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and any manufacturer who sells, intends to sell, or causes to be sold any model of pistol, revolver, or other firearm capable of being concealed upon the person in this state, an annual fee not exceeding the costs of administering the department's duties under this article.[What about importers?]

FOLLOWING (SEC. 12126) IS REQT FOR INFORMING HANDGUN BUYERS

   12126.  Every person who is licensed to sell firearms pursuant to Section 12070 shall provide purchasers of handguns manufactured after the effective date of this article, with written notice that the handgun conforms to the requirements described in Section 12121.  The content of the notice shall be developed by the Attorney General and provided to all licensed dealers.


FOLLOWING IS PART OF THE BILL, BUT NOT PART OF THE PROPOSED STATUTE

   SEC. 2. The provisions of this act shall become operative July 1, 1999.

   SEC. 3.  No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

   Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.