HomeMy WebLinkAboutMINUTES - 01231996 - D5 a, D
'TO: BOARD OF SUPERVISORS Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR �- Costa
January 19, 1996 County
DATE:
r�4 cT�
r�.
SUBJECT: LEGISLATION: AB 1017 (Rainey) PROVIDING FOR CIVIL PENALTIES FOR THE
MANUFACTURE OF POORLY MADE, UNRELIABLE AND UNSAFE HANDGUNS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position of SUPPORT for AB 1017 by Assemblyman Richard Rainey, but request
that the author consider several amendments which it is believed would strengthen the bill.
BACKGROUND:
According to Assemblyman Rainey, "the problem posed by poorly made, unreliable and
unsafe handguns -some of which are currently manufactured and sold in California - is a
serious one. These guns, according to some analysts, are disproportionately used by
criminals. These unsafe handguns are currently not governed by or subject to any quality
or safety standards. They are especially dangerous because they are poorly made, are
subject to accidental discharge, misfire and are often inaccurate."
Assemblyman Rainey goes on to indicate that"past legislative attempts to eliminate these
weapons have focused on criminalizing their manufacture, sale and possession.
Unfortunately, these proposed criminal statutes suffered from vagueness, overbreadth, or
both. As such, it is very unlikely that they could have been effectively enforced. By
crafting a statute which addresses the problem via the civil code, AB 1017 avoids the
pitfalls of past attempts. Civil statutes are not held to the same strict standards as those
in criminal law. AB 1017 attacks the problem by zeroing in on the physical standards
which are most related to soundness, and provides citizens with the tools necessary to
eliminate any possible profit from the manufacture of poorly made handguns."
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
See Addendum for Board of Supervisors ' actions.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: 1 1, 305 , 2 NOES: 4 AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: nOnP ABSTAIN: none OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED January 23 , 1996
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: See Page 3 SUPERVISORS AND COUNTY ADMINISTRATOR
a
BY CL 144 1 DEPUTY
A
Legislative Counsel's digest of AB 1017, as amended January 3, 1996 provides as follows:
"Under existing law, the purchaser of a defective or unsafe product may
have a cause of action against the manufacturer of that product for
recovery pursuant to laws relating to breach of warranty, negligence,
and product liability.
"This bill would create a cause of action in a purchaser of a pistol,
revolver, or other firearm capable of being concealed upon the person
against the manufacturer of that firearm if that firearm was
manufactured on or after January 1, 1997, and does not comply with
specified safety standards provided by this bill."
Andres Soto from the Prevention Program in the Health Services Department notes, in
part, as follows:
"It is recognized that six companies in Southern California have filled
a niche in the United States firearm market by taking advantage of a
loophole in the `Saturday Night Special' ban of the Gun Control Act of
1968. The Gun Control Act of 1968 created a matrix of qualifications
that imported handguns had to meet in order to be legal. These
companies realized that the standards for foreign produced handguns
did not apply to domestically produced handguns, and began to
produce vast quantities of cheap inferior semi-automatic handguns that
have been repeatedly shown to be used disproportionately by criminals
and juveniles in Contra Costa, California and the nation."
The full text of Mr. Soto's remarks are attached.
Mr. Soto suggests that AB 1017 should be amended to include the following changes:
1. Require manufacturers to certify that their guns pass the "drop test" and all or parts
of the gun are not made of inferior metals such as a zinc alloy or castable
aluminum.
2. Make it a misdemeanor for any manufacturer who produces and sells such a
weapon, and attach significant civil penalties.
3. Amend Penal Code Section 12029 to include guns that fail the "drop test" and the
"metals test" in the list of dangerous weapons that the Attorney General, District
Attorneys or City Attorneys can enjoin in their manufacture, importation or sale.
4. Lift the $5,000 civil penalty limit.
5. Expand standing to anyone, not just the purchaser.
6. Establish punitive damages in cases where the manufacturer has knowledge that
the gun would fail the "drop test".
7. Establish a "jar-off test" that provides for the gun to be dropped in multiple
positions. The proposed "drop test" and "exposed hammer test" fail to mention
dropping the gun in multiple positions. The "drop test" and "exposed hammer test"
should both be conducted in a similar fashion as the "jar-off test".
It is, therefore, recommended that the Board of Supervisors agree to Support AB 1017 as
amended January 3, 1996, but that the Board also ask Assemblyman Rainey to consider
the above noted possible amendments and give serious thought to including some or all
of them in AB 1017.
-2-
cc: County Administrator
District Attorney
Sheriff-Coroner
Health Services Director
Public Health Director
Andres Soto, Prevention Program
Les Spahnn
Heim, Noack, Kelly and Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-3-
ADDENDUM TO ITEM D. 5
JANUARY 23 , 1996
Claude Van Marter, County Administrator' s Office, presented
the staff report on Assembly Bill 1017 (Rainey) . Andres Soto
presented comments and recommendations .
Supervisor Rogers spoke in opposition to the legislation.
Supervisor Smith advocated the inclusion of Mr. Soto' s
suggestions into the legislation along with an 8th suggestion to
make it clear that this bill does not preempt local jurisdictions
from creating more stringent requirements for manufacture so that
there is no preemption issue. If the 8 criteria are added to the
bill he is willing to support it .
Supervisor Rogers expressed support for getting rid of
Saturday night specials, and he advised he does not intend to
support the bill with or without amendments .
Supervisor Torl.akson recommended sending the Board' s
concerns to legislators, including Senators Boatwright and
Petrie, Assemblymen Campbell and Rainey. ,
Supervisor Rogers indicated if this were a motion, he would
second it .
Supervisor Torlakson recommended stating the Board' s
concerns about the hand gun issues and the standards of
manufacture and communicate with the legislators advising them to
get the concerns into other possible legislation and without
expressing support for this legislation.
Supervisor Rogers seconded the motion.
Supervisor DeSaulnier moved a substitute motion to approve
the staff recommendation. The motion died for lack of a second.
Supervisor Smith clarified that the motion was to draft a
letter saying that the Board cannot support the specific bill as
stated and that the Board has concerns as enumerated by the 8
recommendations .
IT IS BY THE BOARD ORDERED that the County Administrator is
REQUESTED to draft letters to the County' s legislative delegation
advising that the Board of Supervisors cannot support Assembly
Bill 1017 (Rainey) , as written.
The Board EXPRESSED that it would support other legislation
against unsafe handguns if the seven recommendations in the
report by Andres Soto, Health Services Department Prevention
Program, and one additional recommendation (relative to
preemption) suggested by the Board of Supervisors were to be
included.
CA AB 1017 01/18/96 Page 1 -D.S
Date of Hearing: January 16 , 1996
Counsel : Jennifer P. Anderson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
AB 1017 (Rainey) - As Amended: January 3 , 1996
ISSUE: SHOULD THE PURCHASER OF A DEFECTIVE OR UNSAFE CONCEALABLE FIREARM HAVE
A SPECIFIC CAUSE OF ACTION AGAINST THE MANUFACTURER OF THAT FIREARM IF THE
FIREARM WAS NOT MANUFACTURED IN CONFORMITY WITH CERTAIN SAFETY STANDARDS AS
SPECIFIED?
DIGEST
Under current law:
1) Firearms not meeting certain safety standards are banned from importation
under federal law. (18 U. S .C. 925 (d) (3) . )
2) Purchasers of defective products may have a cause of action against the
manufacturer of those products under various civil liability theories such as
negligence, strict products liability, and breach of implied or express
warranty. (See generally California Civil Code section 1714 et sea. )
3) It is an alternate felony/misdemeanor to manufacture, import, sell, loan
or possess specified disguised firearms and other deadly weapons, including
plastic firearms, cane or wallet guns, flechette darts, multiburst trigger
activators, nunchakus, short-barreled shotguns and rifles, leaded canes, zip
guns, unconventional pistols, cane blackjacks, and metal knuckles . A
violation is punishable by 16 months, two or three years in prison, or up to
one year in county jail . (Penal Code section 12020 . )
This bill provides for an additional civil liability against those companies
that manufacture unsafe concealable firearms . In addition, this bill defines
safety standards and tests for determining whether a concealable firearm is
"safe" for purposes of imposing the additional civil liability. The
provisions of this bill would apply to concealable firearms manufactured
after January 1, 1997 .
COMMENTS
1) Purpose. According to the author:
The problem posed by poorly made, unreliable and unsafe handguns, some of
which are currently manufactured and sold in California, is a serious one.
These guns, according to some analysts, are disproportionately used by
criminals . These unsafe handguns are currently not governed by or subject to
any quality or safety standards . They are especially dangerous because they
are poorly made, are subject to accidental discharge, misfire and are often
inaccurate.
This bill attacks the problem by zeroing in on the physical standards which
are most related to soundness, and provides citizens with the tools necessary
to eliminate any possible profit from the manufacture of poorly made
handguns .
CA AB 1017 01/18/96 Page 2
2) Federal Regulation of Unsafe Firearms . At the federal level, the
importation of certain unsafe concealable firearms such as "Saturday Night
Specials" have been banned through the enactment of the Gun Control Act of
1968 . Section 925 (d) (3) of the act provides that a firearm shall be
imported if it is of a type " . . .generally recognized as particularly suitable
for, or readily adaptable to, sporting purposes . "
A factoring criteria is employed by the Bureau of Alcohol, Tobacco and
Firearms (ATF) to determine if the weapon is of the prohibited type. The ATF
form (4880) has a disclaimer that reads " [t] he Bureau of Alcohol, Tobacco and
Firearms reserves the right to preclude importation of any revolver or pistol
which achieves an apparent qualifying score, but does not adhere to the
provisions of ,section 925 (d) (3) of Amended Chapter 44, Title 18, U. S.C. "
It is unclear whether or not the ATF would have the de facto power to ban a
particular handgun in California under this bill .
The factoring criteria is based on a point system. First, the firearm must
meet all of the prerequisites . If it is a pistol, it must have a manually
operated safety device. The combined length and height must be not less than
ten inches with the height being at least four inches and the length at least
six inches . If the firearm is a revolver, it must have an overall frame
length of at least four and one-half inches and a barrel length of at least
three inches . A point value is assigned to the handgun' s individual
characteristics such as length of barrel, overall length, frame construction,
weight, caliber, safety features, type of sight, trigger, hammer and grip.
3) "Purchaser" . The additional civil liability imposed by this bill applies
only when a defective or unsafe concealable firearms is purchased from a
licensed dealer. It would therefore not apply if the firearm is illegally
acquired.
4) "Concealable Firearm" . A "concealable firearm" is a firearm that is
capable -of being concealed upon the person and which has a barrel less than
16 inches in length. (Penal Code section 12001 . )
5) Safety Standards Defined. This bill defines various safety tests a
firearm must successfully pass or it will be deemed defective or unsafe, thus
exposing the manufacturer to additional civil liability.
Each firearm must pass the "jar-off test" and either the "drop test" or the
"exposed hammer test, " each of which is defined in the text of this bill .
6) Potential Effect. This bill would have an obvious impact on the
manufacturers of concealable firearms . If a manufacturer is found to have
produced a defective or unsafe concealable firearm, as defined, the purchaser
shall have a cause of action (in addition to any other civil cause of action)
with potential awards of :
a) the purchase price of the firearm;
b) a civil penalty not to exceed $5, 000 for each firearm purchased; and
c) reasonable attorney' s fees and costs .
7) other Legislation. AB 1848 (Gotch) of 1992 proposed a melting point test
CA AB 1017 01/18/96 Page 3
for guns of 800 degrees Fahrenheit, which is the melting point adopted for
Saturday Night Special bans in Hawaii, Illinois, and South Carolina. A
committee analysis of AB 1848 indicated that the proposed standard was
derived f'rom the South Carolina
arolina Code of Laws (1976) , Sec. 23- 31-180, where
handguns failing the 800-degree test are considered Saturday Night Specials .
For purposes of enforcement, the State Police issues a list of prohibited
models to retail pistol dealers , local police, and other relevant parties .
SB 933 (Polanco) introduced last year proposes a ban on all "non-sporting"
handguns, using the federal definition found in 18 U. S.C. section 925 .
SB 1118 (Watson) introduced last year proposes a ban on all handguns which
are manufactured of materials which have a melting point under 1, 000 degrees
Fahrenheit, an ultimate tensile strength of less than 55, 000 pounds , or any
powdered metal having a density of less than 7 . 5 grams per cubic centimeter.
That is a test used in Minnesota to ban such weapons .
Maryland created a Handgun Roster Board which issues twice-yearly a list of
permitted handguns that are useful for legitimate sporting, self-protection,
or law enforcement purposes . (Code of Maryland, Art. 27, Section 36-J. )
Factors considered by the Board include concealability, ballistic accuracy,
weight, quality of materials, quality of manufactured, reliability as to
safety, caliber, detectability by standard security equipment, and overall
utility for legitimate sporting, self-protection, or law enforcement
purposes .
SOURCE: Author
SUPPORT: None on File
OPPOSITION: None on File
Jennifer P. Anderson
445-3268
END OF REPORT
,TAH — 1 2 - 9G PR I 1 S = 49 PREY EHT I 0 PR0GR P _ 0 :2
e -
T,*. =meude van mar er Assistant County Admini.st:rator
.A9Ais Soto.
a to AS 1017
ry 19i9 f
13D j-0oponse to the request to support AB 1.017, if a position
aga; t ,B 1fl17 :is not faeAs�ible, Hien a support with amex t s
y he. the best, political position for the board to take at th�s�
timed: 'I will provide an analysis and: some proposed
ec* ' At ations, for amendm6hts.
sof A8 1017 and the 1aformatian Mame
kground Informa.ti.on cover sheet in the first paragr���a:
idett files a problem that unfortunately AB 1017 does not address.
"Mo. :s End paragraph suggests that :previous efforts to ban
domost.i;gally manufactured "Saturday 'Night Specials" have not been
sojthe legislature be6ause of vagueness, overbreadth or,
pro jems in enforcement. The third paragraph suggests that; AB
!,011's ,01vil Codeapproach 'will be more effective in addrOsainq
the problem of O'sSaturday Night Specials" than the Penal Code'
p o bi i of prem:alis bi i s.
Ana�yzing AB 1.41.7 shows that it creates a cause of action fq
criers of handguns when; the gun they have purchased fai.lS Pk
4i;gatad, "drop" test .conOucted on that gun. The bill sets: a<;,
2:i. t :0: $5,C)OO =and real anal►l.e legal fees for purchasers thatsl
rucb+ fully sure the manufa.oturer of the guar that fails the tept,
: 'c 1. . = with AN 1017
it .is recognized that six companies in southern California havis
fi.11ad .a niche in the United States firearm market by taking
v*nt,%Qe of a loophole in the "Saturday Night Special" ban of,
the'Quin-Control -Adt of 1968. The Gun Control Act of lto$ created
a matrix of qualifications that imported handguns had to meet in
o.rd r to be legal. These co;vpanies realized that the standards;
fo;t. foroign produced handguns did not apply to domestically
Proaucod handguns, and began to produce vast quantities of cheap
of cit semi--"tomatic handguns that have been repeatedly shim
to .lam used dispiroportionately used by criminals and Juvenft . ;3.n
r.$tra. Costa, California and the nation.
f
75. 5sn,ta Barbara Road Pleasant HII California 94523-42Ca0 ;
ifi • s3 r�sett_
FAX •• 5to'• o • i2l3 erttai9 tiPJp51 s�harrdt.
t
-TAN 1 2 - 96 PR I 1 S S 1 PREV1-= NY I 0H PR0GR P 03
Asch riling to the BATF, seven of the most frequently trammed suras
in.fdohnoict ons to crimes are Southern California made Htai tt kd*'y
richt -Sals"". In 1993 eight out of ten guns confiscated. by
�:a:ltf(?rnia police were "Saturday Right Specials". The Xwmary 10,
1996 issue of jgUrnal of the Anerican ftediOal herlogieitim
pujql,Jshed. an article that identified the Raven .25 semi-automatic,
:havidgr an, a`S4t4rday Light Special from Southern CalifmrniA .i:s s thO'
rt; =esluent].y, used gun in firearm fatalities.
Tho ;federal mairi.x considers the quality of the natal and tba. _
ccKAbinsd height and length, weight, . caliber, safety featur" And
AM"
xy features of the weapon. A melting test ensures -thAt .;tb
gun :ice: pada of ,superior Metal so that it will the, gun will f'i�e
reliably and not melt and distort, leading to misfires,
ace-ide-ntal discharges or exploding cartridges. States such as:
i"_y la 1, illinvie, Kinnescta, Hawaii. and South Carol,i.na. bane
gdqptoA melting- test standArds.
Contrary to the. information memo attached to AB 101`7 pre*�io�s
ertorte to close the loophole in California have not been ^��g�e
avarbroad or unenforceable. Bills such as AS 629 have simpl
soot: to apply the federal standards for imports to drrmest
pr6duc*d handguns. These bills have been vigorously opposed' bit
the M:4A and the California Pistol and Rifle owners Associati,oh
an4 -�e either been voted down or stalled in committee.
i017 is actually a dilution of self-created gun industry;
stajidards that clearly have not had an impacts on reducing gun'
v.io nye or enba4ping consumer safety. This bill should be: at
11e4ot, ash strong, as the industry's own standards. This bill Vill
do othi.ng: tc stop- the manufacture of these inferior profit ts.
sr:rl
more troublesome, on the civil cause for action .side oaf Ity
At*4017 i017 by limiting who has standing to sue the manufactur-eks° of
tholse Weapons, limiting miting potential awards to merely $5,OGD, ansa
+ pg the bur-don on consumers to prove that the.guys are
da6ger0-ts, ' wi.l1 ensure that this bill will have virtually nig
i�sct *n the bottom line of the manufacturers of poorly
WAst6ted hAndguns. This Pill does not even provide for
pu' iti:: d m6g0s against the manufacturer for knowin4ly Or'oduoia19
an�, seAin guijs that fail its complicated drop test scheme:.
l
this
- bill must be supported than Contra Costa Cotxnt �hc�u3al
i 1j: ist that it -bye amended with provisions sirii.lar to the
1;. - Require wnufactUrers to {certify that their duns pans ,�kh
"drop tes " and all sir parts of the gun. ars: not made,:cif
t'
iAfer or. petals such as a zinc allay or castable a ,tn u .`
24 Lake it a misdemeanor for any manufacturer who prodax s.
and sells" such a weapon, and attach significant civil
. : . psnal�ies.
,.TAM — 1 2 -915 FR I 10 : !52 PF2E V ENT I ON PROGR P [orb
3 Abend penal Code Section 12029 to include guns, that fail .
the "drop test" and the "metals test" in the list of
dangerous weapons that the Attorney General, District
Attorneys or city Attorneys can enjoin in. thein manufaptUTO,
importation or sale.
4. Lift the $5,00 civil penalty limit.
5 Expand standing to .anyone, not just the purchaser.
6. Establish punitive damages in cases where the
manufacturer has knowledge that the gun would fail thed 'op
test"
7. Establish a "Jar-off test" that provides for the gun to
be dropped in multiple positions. The proposed 11drop teat"
and. ."exposed hammer test" fail to mention. dropping the "cin
in zul.tipl.e positions.: The "drop test" and "exposed hammer
t4s:t" should both be conducted in a similar fashion as the
Q.Jar-off test".
if-there is a mad to discass any information contained_ in this
aieap: please contact mei at your soonest convenience.
{
j. -
AMENDED IN ASSEMBLY JANUARY 3, 1996
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL No. 1017
Introduced by Assembly Member Rainey
February 23, 1995
Aft at4 to affiend 8eetietis 80Q ftftd 80W4 the Pen
ftftd to afftend Seetieii Ie€Ghftpt- 44- ofthe 8 s ef 44A7
First ,c'�:iftar-y Sessian, iftg to eer-reetie :T An act to
add Title 10 (commencing with Section 2523) to Part 4 of
Division 3 of the Civil Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1017, as amended, Rainey. Ger-r-eetiefts, pttftishfftefft
eptiens Unsafe firearms. manufacturer liability.
Under existing law, the purchaser of a defective or unsafe
product may have a cause of action against the manufacturer
of that product for recovery pursuant to laws relating to
breach of warranty, negligence, and product liability.
This bill would create a cause of action in a purchaser of a
pistol, revolver, or other firearm capable of being concealed
upon the person against the manufacturer of that firearm if
thatfirearm was m an ufa c ture d on or afterjan uary 1, 1997, and
does not comply with specified safety standards provided by
this bill.
ee� r t-eased eet
-egfaffis based ee a
mer- betweeft stateftffd leea4 gem � order- to
� e�
98
AB 1017 — 2 —
expetftd t-]�te use 4 iftte ediftt . saftetiettfef- f
peptila lees. I
This b44 would acid t-e the h4 of types e€ ri ter- ed f,to
sanetiefts per-fi d trttder- these . ie -8; fedi the
defittitieft of ftenviele — €e - purpeses e€ these
p s lie
elety-ifying ehetftges.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.
1 SEGT-1N -1-. 8eetiee 8952 of the Pew Gode is
2 SECTION 1. Title 10 (commencing with Section
3 2523) is added to Part 4 ofDivision 3 of the Civil Code, to
4 read.•
5
6 TITLE 10. UNSAFE PISTOLS, REVOLVERS, OR
7 OTHER FIREARMS CAPABLE OF BEING
8 CONCEALED UPON THE PERSON
9 i
10 2523. (a) The purchaser ofa pistol, revolver, or other 'Y
11 firearm capable of being concealed upon the person shall I
12 have a cause of action against the manufacturer of that
13 firearm if the firearm was manufactured on or after
14 January 1, 1997 and the firearm as manufactured fails to
15 meet the safety standards specified in this title. The
16 purchaser shall be entitled to an award as follows. I
17 (1) An amount equal to the full purchase price of the
18 firearm, including sales tax.
19 (2) A civil penalty in an amount not to exceed five
20 thousand dollars 05,0001 per firearm purchased.
21 .(3) If the purchaser prevails in the cause of action, the !
22 court shall award the purchaser reasonable attorneys j
23 fees and costs. j
24 (b) An action pursuant to this title shall not be
25 construed to preclude any action against a manufacturer,
26 or abrogate any rights a purchaser may have against a
27 manufacturer, based upon theoriesofbreach of warranty,
28 negligence, or product liability.
98
- 3 — AB 1017
Wender- '` ` 1 (c) Any waiver by the purchaser of pistol, revolver,
iediate 2 or firearm capable of being concealed upon the person of
the 3 the provisions of this title shall be deemed contrary to
th
e 4 public policy and shall be unenforceable and void.
5 2,523.2. As used in this title, the following definitions
ee: no. 6 shall apply.
7 (a) Hammer means a component part of the firing
8 mechanism that strikes the firing pin or primer
allows• 9 sometimes through one or more transfer members. A
10 firearm may have a concealed hammer or an exposed
11 hammer.
g on 12 (b) "Pistol, " "revolver, "or 'firearm capable of being
'ode, to 13 concealed upon the person"shall have the same meaning
14 as provided in Section 12001 ofthe Penal Code, except the
15 standards and test procedures set forth in this title shall
OR 16 not apply to the following.•
17 (1) Muzzle loading and blackpowder firearms of any
Ir 18 type.
19 (2) Firearms primarily intended for formal target
r other `' ; � 20 shooting, including firearms whose trigger pull is
�
n shall �' 21 designed to be less than three pounds or 1.36 kilograms.
in
22 (c) "Purchaser" means a person who purchases the
of rafter 23 firearm from a firearms' dealer licensed pursuant to
fails to 24 Section 12070 of the Penal Code.
25 (d) Safe carrying condition means the condition in
The 26 which it is contemplated that a particular design of
of the 27 firearm is to be carried.
28 (e) Safety means a device on a firearm intended to
?d five 29 provide protection against accidental discharge under
30 normal usage when properly engaged. For purposes of
?n the 31 describing the safetyas "on"or `off,"the following apply:
' 32 (1) On describes the position of component of the
►rney s 33 safety device when set in a manner to provide protection
rot be { 34 against accidental discharge under normal usage.
�turer, 35 (2) "Off" describes the condition of a firearm which
iinst a 36 has a safety device that allows that firearm to be
37 discharged.
-ran ty, 38 (f) "Striker"means a rod-like firing pin or a separate
39 component that impinges on the firing pin.
t
98
98
AB 1017 — 4 -
1
- 4 -
1 (g) "Trigger".means that part of firearm mechanism
2 that is moved manually to.ca use the firearm to discharge.
3 (h) "Trigger pull"means the average .force that must
4 be applied to the, trigger of a firearm to cause sear or
5 hammer release with the force applied approximately
6 parallel to the bore line.
7 2523.4. Each pistol, revolver, or firearm capable of
8 being concealed upon the person subject to this title shall
9 satisfy the "drop test" as provided in subdivision (a)
10 which simulates the abusive dropping of the firearm or,
11 in the alternative, the `exposed hammer test" as
12 provided in subdivision (b).
13 (a) With the firearm in the safe carrying condition, the
14 firearm shall be capable of passing the test criteria
15 specified in subdivision (c) for drop testing from a height
16 offourfeet (1.22m) onto an 85plus orminus 5Durometer
17 (Shore A) rubber mat, one inch thick (2.54 cm), backed
18 by concrete. The gnat and concrete shall be large enough
19 so that when the gun is dropped it will fall and come to
20 rest without interference within the perimeter of the
21 mat. The drop height shall be measured from the surface
22 of the rubber mat to the center of gravity of the firearm.
23 The center ofgra vity shall be determined to an accuracy
24 ofplus or minus one inch by any recognized method for
25 finding the center ofgra vity ofan irregular shaped object.
26 As an alternative to free dropping, other methods may be
27 substituted if they provide equivalent impact
28 characteristics.
29 (b) As an alternative to' the test procedure described
30 in subdivision (a), the exposed hammer test" may be
31 used. Instead of dropping the firearm, as provided in
32 subdivision (a), a mild steel weight equal to the weight
33 of fully loaded firearm and accessories as catalogued by
34 the manufacturer may be dropped from a height of 36
35 inches or 0.914 meters, striking the exposed hammer or
36 striker with the firearm held with barrel vertical and
37 muzzle down, its muzzle resting on a mild steel block of
38 atleast50pounds (22.7kg) weight, a total ofsix times. The
39 height shall be measured from the impact surface to the
98
-- 5 — AB 101
sm 1 contactpoint on the exposed hammer of the firearm. The
ge. 2 same firearm shall be used throughout the test.
ust 3 (c) The following criterion shall apply to the "drop
or 4 test"and the `exposed hammer test"conductedpursuan t
?ly 5 to this section:
6 (1) The firearm shall not fire a chambered empty
Of 7 primed case of its designated cartridge when tested
!all 8 according to these procedures.
'a) 9 (2) In the case of a multichambered firearm, the
or, 10 primed case or cases shall be in the chamber or chambers
as 11 directly in front of the firing pin or firing pins.
12 (3) If at any time during the test there is ani-
he 13 observable damage to a part of the firearm without the
ria 14 firing of the primed case, that part may be replaced and
,ht 15 the test continued, unless the damaged part bears the
:er 16 serial number of the firearm. Damage to the
ed 17 serial-numbered part without discharge of the primed
g,h 18 case shall not constitute failure of the test, as long as the
to 19 firearm can be unloaded safely after the test.
he 20 (d) The following test procedure shall apply to the
ce 21 "drop test" and the `exposed hammer test" conducted
.m. 22 pursuant to this section:
cy 23 (1) The test shall be conducted with the trigger pull
-or 24 force set at the minimum force specified by the
ct. 25 manufacturer.
be 26 (2) The test shall be conducted with the magazine,
!ct 27 clip, or remaining revolver cylinder chambers fully-
28 loaded with dummy cartridges and locked in place.
ed 29 2523.6. Each pistol, re vol ver, or firearm capable of
be 30 being concealed upon the person subject to this title shall
in 31 satisfy the `far-off test" as follows which simulates the
ht 32 abusive impacting or bumping of the firearm against a
by 33 hard surface with the firearm in a condition ofmaximum
36 34 readiness:
or 35 (a) With the firearm cocked and in the ready-to-fire
id 36 condition (safety "off, "if applicable) the firearm shall be
Of 37 capable of passing a jar-off shock equivalent to being
ie 38 dropped from a height of 12 inches (0.205 m) onto an 85
he 39 plus or minus 5 Durometer (Shore A) rubber mat, one
40 inch (2.54 cm) thick, backed by concrete. The mat and ,
98 98
AB 1017 — 6 —
I
6 -
1 concrete shall be large enough so that when the firearm
2 is dropped it will fall completely within the perimeter of
3 the mat. The drop height shall be measured from the
4 surface of the rubber mat to the lowest point on the
5 firearm. The firearm shall be caught after its first bounce
6 from the mat so that it strikes the mat only one time. As
7 an alternative to free dropping, other methods may be
8 substituted if they provide equivalent impact
9 characteristics.
10 (b) The following criterion shall apply to the jar-off
11 test"conducted pursuant to this section:
12 (1) The firearm shall not fire a chambered empty
13 primed case of its designated cartridge when tested
14 according to this procedure.
15 (2) In the case of a multichambered firearm, the
16 primed case or cases shall be in the chamber or chambers
17 directly in front of the firing pin or firing pins.
18 (3) The breakage of parts or other damage resulting
19 from drop testingshall not constitute failure of this test as
20 long as the empty primed case does not fire and the
21 firearm can be unloaded safely after the drop.
22 (c) The test procedure for the 'j r. test" shall be
23 conducted as follows:
24 (1) The firearm shall be dropped in such a way as to
25 cause it to strike the rubber mat surface one time only in
26 each of the following altitudes.
27 (A) Barrel vertical, muzzle down.
28 (B) Barrel vertical, muzzle up.
29 (C) Barrel horizontal, bottom up.
30 (D) Barrel horizontal, bottom down.
31 (E) Barrel horizontal, left side up.
32 (F) Barrel horizontal, right side up.
33 (2) The test shall be conducted with the trigger pull
34 force set at the minimum force specified by the
35 manufacturer.
36 (3) The test shall be conducted with the magazine,
37 clip, or remaining revolver cylinder chambers fully
38 loaded with dummy cartridges and locked in place.
98
- 7 -- AB 1017
1
m 2
Of 3 All matter omitted in this version of the
1e 4 bill appears in the bill as introduced in the
7e 5 Assembly, February 23, 1995 (JR 11)
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