Existing law makes it a crime for any person in this state to manufacture, import into the state, keep for sale, offer or expose for sale, give, or lend any unsafe handgun. Existing law allows the spouse or domestic partner of a peace officer who died in the line of duty to buy his or her state-issued handgun.

This bill would exempt from that prohibition the purchase of a state-issued handgun by the spouse or domestic partner of a peace officer who died in the line of duty.

Existing law makes it a crime for any person in this state to manufacture, import into the state, keep for sale, offer or expose for sale, give, or lend any unsafe handgun. Existing law allows the spouse or domestic partner of a peace officer who died in the line of duty to buy his or her state-issued handgun.

This bill would exempt from that prohibition the purchase of a state-issued handgun by the spouse or domestic partner of a peace officer who died in the line of duty.

Existing law makes it a crime for any person in this state to manufacture, import into the state, keep for sale, offer or expose for sale, give, or lend any unsafe handgun. Existing law allows the spouse or domestic partner of a peace officer who died in the line of duty to buy his or her state-issued handgun.

This bill would exempt from that prohibition the purchase of a state-issued handgun by the spouse or domestic partner of a peace officer who died in the line of duty.

 THIRD READING 

Bill No: AB 892

Author: Achadjian (R)

Introduced: 2/26/15

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/9/15

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

ASSEMBLY FLOOR: 79-0, 4/16/15 (Consent) - See last page for vote

SUBJECT: Unsafe handguns: peace officer’s state-issued handguns: transfer to spouse

SOURCE: California Association of Highway Patrolmen

DIGEST: This bill exempts the purchase of a state-issued handgun by the spouse or domestic partner of a peace officer who died in the line of duty from the prohibition on unsafe handguns.

ANALYSIS:

Existing law:

1. Provides that commencing January 1, 2001, no “unsafe handgun” may be manufactured or sold in California by a licensed dealer, except as specified, and requires that the Department of Justice (DOJ) prepare and maintain a roster of handguns which are determined not to be unsafe handguns. Private party sales (used or previously owned) and transfers of handguns through a licensed dealer are exempted from those restrictions. (Penal Code §§ 27545, 32000, et seq., § 32110.)

2. Provides that any person in California 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. (Penal Code § 32000(a).)

3. Specifies, in Penal Code section 32000(b), that this prohibition does not apply to:

1. The manufacture in California, or importation into this state, of any prototype pistol, revolver, or other firearm capable of being concealed upon the person when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the DOJ to conduct an independent test to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person is prohibited, inclusive, and, if not, allowing the DOJ to add the firearm to the roster of pistols, revolvers, and other firearms capable of being concealed upon the person that may be sold in this state.

2. The importation or lending of a pistol, revolver, or other firearm capable of being concealed upon the person 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 federal law.

4. The sale or purchase of any pistol, revolver, or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the DOJ, 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.

4. Contains numerous additional exemptions to the safe handgun requirements, including an exemption for any transfer that is not required to be made through a licensed dealer. This exemption alone includes within it another approximately 25 exemptions. (Penal Code §§ 32110, 27850, et seq.)

This bill exempts the sale, purchase, or delivery of a handgun, if the sale is of a state-issued handgun to the spouse or domestic partner of a peace officer who died in the line of duty.

Background

SB 15 (Polanco, Chapter 248, Statutes of 1999), made it a misdemeanor for any person in California to manufacture, import for sale, offer for sale, give, or lend any unsafe handgun, as defined, with certain specific exceptions. SB 15 defined an “unsafe handgun” as follows: (a) does not have a requisite safety device; (b) does not meet specified firing tests; and, (c) does not meet a specified drop safety test.

SB 489 (Scott, Chapter 500, Statutes of 2003), added to the unsafe handgun law requirements for semiautomatic pistols that became effective in 2006 and 2007. The legislation requires that for a new semiautomatic center-fire pistol firearm to be added to the roster it has to be equipped with a chamber load indicator (a device that plainly indicates that a cartridge is in the firing chamber) and a magazine disconnect (a mechanism that prevents a semiautomatic pistol from operating when a detachable magazine is not inserted in the semiautomatic pistol). The legislation also requires that all semiautomatic rimfire pistols, with a detachable magazine, have a magazine disconnect. All firearms that were on the not unsafe handgun list prior to the effective dates were essentially grandfathered in.

AB 1471 (Feuer, Chapter 572, Statutes of 2007), added “microstamping” as a requirement for a firearm to be placed on the not unsafe handgun roster beginning January 1, 2010, “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 Department of Justice issued the certification on May 17, 2013. Like the other provisions, the “microstamping” requirement did not apply to firearms already on the roster.

A number of peace officers are exempt from roster requirements and, according to the California Association of Highway Patrolmen, “many of the state-issued handguns to law enforcement are included on the list of unsafe handguns, a transfer of such firearm is prohibited to the spouse and/or domestic partner.” This legislation would create an exception to the not unsafe firearms laws by allowing the sale of a state-issued handgun to the spouse or domestic partner of a peace officer who died in the line of duty.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/9/15)

California Association of Highway Patrolmen (source)

California Police Chiefs Association

Gun Owners of California

Los Angeles Deputy Sheriffs

Los Angeles Police Protective League

Riverside Sheriffs

OPPOSITION: (Verified 6/9/15)

None received

ARGUMENTS IN SUPPORT:

According to the California Association of Highway Patrolmen (CAHP):

AB 892, closes a loophole in existing law related to the transfer of a state-issued handgun to the spouse or domestic partner of a peace officer that was killed in the line of duty.

Existing law allows the department head to authorize the transfer of a state-issued handgun to the widow or domestic partner of a peace officer who was killed in the line of duty. However, the Department of Justice maintains a list of “unsafe handguns” and prohibits the manufacture, import, sale and possession of such handgun. A violation constitutes imprisonment in a county jail for no more than one year. Since many of the state-issued handguns to law enforcement are included on the list of unsafe handguns, a transfer of such firearm is prohibited to the spouse and/or domestic partner.

AB 892 adds an exemption for the spouse or domestic partner of a peace officer who was killed in the line of duty, which will essentially allow them to receive their spouse or domestic partner’s state-issued service weapon, regardless of whether it has been deemed unsafe by the Department of Justice.

In closing, we thank you again for authoring this legislation, and we look forward to its successful passage.

ASSEMBLY FLOOR: 79-0, 4/16/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Quirk

Prepared by: Jessica Devencenzi / PUB. S. /

6/18/15 19:00:39

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 892 Hearing Date: June 9, 2015

Subject: Unsafe Handguns: Peace Officer’s State-Issued Handguns: Transfer to Spouse

HISTORY

Source: California Association of Highway Patrolmen

Prior Legislation: AB 685 (Achadjian) – Chapter 16, Statutes of 2013

Support: California Police Chiefs Association; Los Angeles Deputy Sheriffs; Los Angeles Police Protective League, Riverside Sheriffs

Opposition: None known

Assembly Floor Vote: 79 - 0

PURPOSE

The purpose of this legislation is to exempt the purchase of a state-issued handgun by the spouse or domestic partner of a peace officer who died in the line of duty from the prohibition on unsafe handguns.

Existing law provides that commencing January 1, 2001, no “unsafe handgun” may be manufactured or sold in California by a licensed dealer, except as specified, and requires that the Department of Justice (DOJ) prepare and maintain a roster of handguns which are determined not to be unsafe handguns. Private party sales (used or previously owned) and transfers of handguns through a licensed dealer are exempted from those restrictions. (Penal Code §§ 27545, 32000, et seq., § 32110.)

Existing law provides that any person in California 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. (Penal Code § 32000(a).)

Existing law specifies that this prohibition does not apply to:

• The manufacture in California, or importation into this state, of any prototype pistol, revolver, or other firearm capable of being concealed upon the person when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the DOJ to conduct an independent test to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person is prohibited, inclusive, and, if not, allowing the department to add the firearm to the roster of pistols, revolvers, and other firearms capable of being concealed upon the person that may be sold in this.
  
  

• The importation or lending of a pistol, revolver, or other firearm capable of being concealed upon the person by employees or authorized agents of entities determining whether the weapon is prohibited by this section.
  
  

• Firearms listed as curios or relics, as defined in federal law.
  
  

• The sale or purchase of any pistol, revolver, or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm 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.

(Penal Code § 32000(b).)

Existing law contains numerous additional exemptions to the safe handgun requirements, including an exemption for any transfer that is not required to be made through a licensed dealer. This exemption alone includes within it another approximately 25 exemptions. (Penal Code §§ 32110, 27850, et seq.)

This bill would exempt the sale, purchase, or delivery of a handgun, if the sale is of a state-issued handgun to the spouse or domestic partner of a peace officer who died in the line of duty.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;

• 141.5% of design bed capacity by February 28, 2015; and,

• 137.5% of design bed capacity by February 28, 2016.

In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).

While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;

• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;

• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;

• Whether a proposal corrects a constitutional problem or legislative drafting error; and

• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Bill

According to the author:

Currently, The Department of Justice maintains a list of “unsafe handguns” and prohibits the manufacture, import, sale and possession of such handguns. A violation constitutes imprisonment in a county jail for no more than one year.

Since many of the state-issued handguns to law enforcement are listed on the DOJs list of unsafe handguns, a transfer of such firearm is prohibited to the spouse and/or domestic partner.

2. “Not Unsafe” Handgun Law and the Effect of This Bill

SB 15 (Polanco), Chapter 248, Statutes of 1999, made it a misdemeanor for any person in California to manufacture, import for sale, offer for sale, give, or lend any unsafe handgun, as

defined, with certain specific exceptions. SB 15 defined an “unsafe handgun” as follows: (a) does not have a requisite safety device; (b) does not meet specified firing tests; and, (c) does not meet a specified drop safety test.

SB 489 (Scott), Chapter 500, Statutes of 2003, added to the unsafe handgun law requirements for semiautomatic pistols that became effective in 2006 and 2007. The legislation requires that for a new semiautomatic center-fire pistol firearm to be added to the roster it has to be equipped with a chamber load indicator¹ and a magazine disconnect² (if it has a detachable magazine). The legislation also requires that all semiautomatic rimfire pistols, with a detachable magazine, have a magazine disconnect. All firearms that were on the not unsafe handgun list prior to the effective dates were essentially grandfathered in.

AB 1471 (Feuer), Chapter 572, Statutes of 2007, added “microstamping” as a requirement for a firearm to be placed on the not unsafe handgun roster beginning January 1, 2010, “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 Department of Justice issued the certification on May 17, 2013. Like the other provisions, the “microstamping” requirement did not apply to firearms already on the roster.

A number of peace officers are exempt from roster requirements and, according to the California Association of Highway Patrolmen, “many of the state-issued handguns to law enforcement are included on the list of unsafe handguns, a transfer of such firearm is prohibited to the spouse and/or domestic partner.” This legislation would create an exception to the not unsafe firearms laws by allowing the sale of a state-issued handgun to the spouse or domestic partner of a peace officer who died in the line of duty.

-- END –

Date of Hearing: April 7, 2015

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 892

Author:(Achadjian) – As Introduced Ver:February 26, 2015

SUMMARY:

Exempts from the prohibition on unsafe handguns the purchase of a state-issued handgun by the spouse or domestic partner of a peace officer who died in the line of duty.

EXISTING LAW:

1. Provides that any person in California 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. (Pen. Code, § 32000, subd. (a).)
   
   

   1. Specifies that this section shall not apply to any of the following (Pen. Code, § 32000, subd. (b).):
      
      

      1. The manufacture in California, or importation into this state, of any prototype pistol, revolver, or other firearm capable of being concealed upon the person when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department of Justice (DOJ) to conduct an independent test to determine whether that pistol, revolver, or other firearm capable of being concealed upon the person is prohibited, inclusive, and, if not, allowing the department to add the firearm to the roster of pistols, revolvers, and other firearms capable of being concealed upon the person that may be sold in this.
         
         

      2. The importation or lending of a pistol, revolver, or other firearm capable of being concealed upon the person 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 federal law.
         
         

      4. The sale or purchase of any pistol, revolver, or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm 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.
         
         

2. Specifies that violations of the unsafe handgun provisions are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law. (Pen. Code, § 32000, subd. (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Assembly Bill 892 would add an exemption for the spouse of domestic partner of a peace officer who was killed in the line of duty, which would allow them to receive their spouse or domestic partner's state-issued service weapon, regardless of whether it has been deemed unsafe by the Department of Justice."
   
   

2. Safe Handgun Law: SB 15 (Polanco), Chapter 248, Statutes of 1999, made it a misdemeanor for any person in California to manufacture, import for sale, offer for sale, give, or lend any unsafe handgun, as defined, with certain specific exceptions. SB 15 defined an "unsafe handgun" as follows: (a) does not have a requisite safety device, (b) does not meet specified firing tests, and (c) does not meet a specified drop safety test.
   
   

1. Required Safety Device: The Safe Handgun Law requires a revolver to 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 or in the case of a pistol have a positive manually operated safety device.
   
   

2. Firing Test: In order to meet the "firing requirements" under the Safe Handgun Law, the manufacturer must submit three unaltered handguns, of the make and model for which certification is sought, to an independent laboratory certified by the Attorney General. The laboratory shall fire 600 rounds from each gun under certain conditions. A handgun shall pass the test if each of the three test guns fires the first 20 rounds without a malfunction, and fires the full 600 rounds without more than six malfunctions and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user. "Malfunction" is defined as a failure to properly feed, fire or eject a round; failure of a pistol to accept or reject a manufacturer-approved magazine; or failure of a pistol's slide to remain open after a manufacturer approved magazine has been expended.
   
   

3. Drop Test: The Safe Handgun Law provides that at the conclusion of the firing test, the same three manufacturer's handguns must undergo and pass a "drop safety requirement" test. The three handguns are dropped a specified number of times, in specified ways, with a primed case (no powder or projectile) inserted into the handgun, and the primer is examined for indentations after each drop. The handgun passes the test if each of the three test guns does not fire the primer.
   
   

1. Failure to Pay a Fee may Result in a Weapon Being Deemed Unsafe: The Department of Justice deems some weapons to be “unsafe” because a particular gun manufacturer has not paid the appropriate fees and/or submitted the proper paperwork. The weapons themselves may be "safe" under the standards listed above, but they are deemed "unsafe" for purposes of categorization. Law enforcement agencies may still use these weapons. Some of these weapons may be used on duty by officers who have died. The spouse or domestic partners of a deceased officer may wish to purchase these weapons for sentimental reasons.

3. Argument in Support: According to the California Association of Highway Patrolmen (CAHP), "AB 892, closes a loophole in existing law related to the transfer of a state-issued handgun to the spouse or domestic partner of a peace officer that was killed in the line of duty.

"Existing law allows the department head to authorize the transfer of a state-issued handgun to the widow or domestic partner of a peace officer who was killed in the line of duty. However, the Department of Justice maintains a list of “unsafe handguns” and prohibits the manufacture, import, sale and possession of such handgun. A violation constitutes imprisonment in a county jail for no more than one year. Since many of the state-issued handguns to law enforcement are included on the list of unsafe handguns, a transfer of such firearm is prohibited to the spouse and/or domestic partner.

"AB 892 adds an exemption for the spouse or domestic partner of a peace officer who was killed in the line of duty, which will essentially allow them to receive their spouse or domestic partner’s state-issued service weapon, regardless of whether it has been deemed unsafe by the Department of Justice.

"In closing, we thank you again for authoring this legislation, and we look forward to its successful passage."

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Highway Patrolmen

Opposition

None

Analysis Prepared by:

Gabriel Caswell / PUB. S. / (916) 319-3744