HomeMy WebLinkAboutMINUTES - 07151997 - SD4 To: BOARD OF SUPERVISORS
8 L
FROM: William Walker, M.D., Health Services Director
Contra
Costa
DATE: June 24 1997 '
' Cos�'9 COON" County
SUBJECT: State Legislation related to Gun and Community Violence Prevention
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position of SUPPORT for the following bills related to gun and community violence prevention.
BACKGROUND:
Gun violence has become epidemic not only in Contra Costa County but throughout the nation. The need for
effective violence prevention programs and reasonable gun laws has been recognized by Congress as evidenced by
the number of bills introduced this year. Many of the bills address the fact that there are virtually no health and
safety regulations of firearms - despite the fact that firearms kill nearly twice as many Americans as all other
household and recreational products combined. [Violence Policy Center, "Product Liability Reform Act" is "Gun
Industry Relief Act",April, 1997] It is time for guns to be held to the same standards of safety and manufacturing
regulations as other products. To date, a teddy bear must undergo more stringent safety measures than a handgun.
Gun violence impacts everyone, but particularly, the lives of youth are devastated by the tragedy of violence.
Nationally,thirty youth are killed every day by gun violence; in Contra Costa the figures are no less grim. Firearms
were the number one cause of injury death for children 10 - 14 years old in the county and contributed to one third
of injury deaths for 10 - 19 year olds [Profile of Violent Injury, Contra Costa County, 1994]
The Firearm Injury Reporting, Surveillance, and Tracking(FIRST)report provides a one year snapshot of all injury
death in Contra Cost County during the period of July 1993 and June 1994. The report reveals that young people
ages 15 to 19 are most at risk for firearm assault. The report also points to the popular use of handguns in assault
and homicide-more than three-fourths of firearm homicides were committed with handguns. The need for safety
measures in handguns is evident in the number of unintentional shootings. The population most at risk for
unintentional shooting injury and death are children under the age of 14; these tragedies could be avoided with
safety measures such as trigger locks.
Clearly, these statistics point to the need for laws that protect residents from the dangers associated with the
proliferation of guns in society. The following bills are designed to provide such protection by creating safeguards
for gun use and by stemming the flow of illegally obtained guns in society.
CONTINUED ON ATTACHMENT: )(YES SIGNATURE: t40111.A 0A. Xd
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON July 15 , 1997 APPROVED AS RECOMMENDED X OTHER
See the attached Addendum for speakers and Board
action .
VOTE OF SUPE ISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS BSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact Perso - assandra Youngbloo 3-6826
CC: Ith Services Director ATTESTED July 15 , 1997
Public Health Administration PHIL BATCHELOR,CLERK OF THE BOARD OF
SUP RVISORS AND COUNT A MINISTRATOR
Health Services Director
Public Health Administration B DEPUTY
• Board of Supervisors Page 2
State Legislation/Community Violence Prevention
June 24, 1997
Contra Costa County has already demonstrated leadership in addressing the problem of gun violence as seen in the
passage of the 1994 Violence Prevention Voter Initiatives. Among the three iniatives was the Action Plan for Violence
Prevention-Measure C. The Action Plan listed 25 recommendations to prevent violence, and included the increased
local monitoring of gun sales. Measure P specifically queried residents about the State of California strictly regulating
the sale and possession of all handguns and banning the manufacture and sales of assault weapons. The measure
passed by a wide margin with 73.4% of the voters stating support of such efforts.
Various cities in Contra Costa also support local regulation of firearms; thirteen cities have ordinances which
specifically deal with the regulation of guns. Two of the bills in this analysis deal with the ban of Saturday Night
Specials and the requirement of trigger locks on all handguns. The Board of Supervisors has already endorsed such
an ordinance for the unincorporated areas of the county(Ordinance No. 96-42); five cities in Contra Costa have done
the same. The following bills are most consistent with county policy as evidenced above.
Contra Costa County has been a leader in creating innovative policy to promote the health and safety of its residents
as seen with previous tobacco, childhood injury and gun violence policy development. In many cases, steps taken in
the county resulted in state-wide and even nation-wide changes. By supporting the bills, the Board will continue to
provide steady leadership in promoting the safety of county residents.
FISCAL IMPACT:
Some of the following bills will have significant local fiscal impact; particularly those bills which will increase
penalties and hence, incarceration. The exact figures are unknown at this time. Staff will continue to track this
legislation and will note local fiscal impact as it becomes available.
• Board of Supervisors Page 3
State Legislation/Community Violence Prevention
June 24, 1997
ASSEMBLY
AB 23 (Perata): Bans copycat assault weapons not affected by current law; toughens penalties for using assault
weapons. Bans any magazine clip,belt or other ammunition feeding device that can hold more than 10 rounds and
requires registry of legal ammunition devices. Current law prohibits a specific roster of semiautomatic assault
weapons and any variants of those weapons. AB 23 states that it was the intent of the California legislature to
prohibit all semiautomatic assault weapons and adds to the existing roster a definition of assault weapons that would
expand the list of banned guns.
Status: Passed Assembly. Bill is in the Senate. No hearing date has been set.
Position: SUPPORT
AB 488(Caldera):Handgun Safety Standard Act of 1997. This bill makes it a misdemeanor to manufacture or sell
"junk guns" and mandates warning labels to be placed on all handguns.
Since 1968, federal law has prohibited the importation of handguns that fail a safety/sporting test. No similar law
regulates California-produced handguns. AB 488 would apply the 1968 standards to California handguns, and ban
the manufacture or sale of handguns that fail those standards. In addition, handguns would be required to be sold
with an appropriate child safety device such as a trigger lock,load indicator,or"personalized gun"technology. This
would ban Saturday Night Specials. NOTE: AB 488 allows cities and counties to enact stronger legislation in this
area.
Status: Passed Assembly. Bill is in Senate Public Safety Committee. No hearing date has been set.
Position: SUPPORT
AB 1124 (Aroner): Requires that trigger locks be sold with every firearm. Current law has no requirements for
trigger locks. AB 1124 is a safety measure much like aspirin bottles with child proof cap. Gun owners would be
required to have trigger locking devices on all their firearms, unless the weapons were stored in a locked container
such as a gun safe.
Status: Passed Assembly. Bill is in the Senate Public Safety Committee. No hearing date has been set.
Position: SUPPORT
SENATE
SB 643 (Polanco): Allows cities and/or counties to have more restrictive regulation of firearms and ammunition
than state law. Current law places some restrictions on the ability of local government to license, register, and
possibly regulate handguns locally. This repeals state pre-emption.
Status: This is a two year bill. Vote will take place in 1998.
Position: SUPPORT
Fiscal Impact: None
ASSEMBLY
AB 828 (Aroner): Establishes a Second Shift Youth Enrichment Act for improving the outcomes of youth age 8
to 18 who are at risk for truancy, delinquency, violence, or dependence on the welfare system. Includes tutoring,
access to sports and arts, conflict resolution,nutrition, counseling, gang prevention activities, and work programs.
Status: This is a two year bill. It is currently being held in the Appropriations committee.
Position: SUPPORT
1
ADDENDUM TO SDA
Agenda July 15, 1997
The Board of Supervisors considered the recommendations presented by Phil
Batchelor, County Administrator, and Claude Van Marter, Assistant County Administrator,
regarding State Senate and Assembly legislation related to gun control and community
violence prevention. It was recommended that the Board take a position of support on the five
proposed bills.
Bill Maggiora of Lafayette, commented on the legislation.
Wendel Brunner, M.D., Public Health Director noted that AB 1124 (Aroner) was of
particular interest to his department, and that the proposed legislation would be viewed
carefully in light of the Countywide Action Plan (a program relative to youth and violence in
the community).
All persons desiring to speak having been heard, the Board discussed the proposed
legislation.
Supervisor DeSaulnier advised that each bill would be voted on individually.
Supervisor Rogers suggested that there is developing momentum for reasonable gun
restrictions as embodied in these bills, and the legislation should be supported.
Supervisor Canciamilla stated that he would oppose four of the five bills, and
commented that he thought the bills offered false protections. He also noted that he would
support AB 828 (Aroner), and submitted a copy of an article from the San Diego Union
Tribune entitled, " 'Saturday night specials' aren't the real problem."
Supervisor Uilkema advised that regulating guns is not in the purview of County
government. She stated that she would support AB 1124 (Aroner), and may abstain on two
others, SB 643 (Polanco), and AB 828 (Aroner).
Supervisor DeSaulnier questioned whether the Health Department had viewed the
Eddie Eagle Program video. Supervisor Uilkema requested an explanation of the program, and
Dr. Brunner explained that it is a curriculum developed by the National Rifle Association
designed to teach youth firearm safety. Supervisor DeSaulnier noted that the video was a
good tool and could be suitable for the Violence Prevention Plan, which educates young
people who may have firearms in their home.-
Supervisor Gerber stated there are flaws in the proposed bills, but with the violence,
costs and loss attributed to guns, she would vote in favor of all of them. Supervisor Gerber
also advised she shares the Health Department staffs concern regarding violence issues, and
she is appreciative of the legislation's attempt to curb the violence.
After further discussion, the Board took the following actions:
A. ADOPTED a position of support on: Bill AB 23 (Perata); Bill AB 488 (Caldera)
The vote on this legislation was as follows:
Ayes: Supervisors Rogers, Gerber and DeSaulnier
Noes: Supervisors Uilkema and Canciamilla
Absent: None
Abstain: None
B. ADOPTED a position of support on: Bill AB 828 (Aroner); Bill SB 643 (Polanco)
The vote on this legislation was as follows:
Ayes: Supervisors Rogers, Gerber and DeSaulnier
Noes: Supervisor Canciamilla
Absent: None
Abstain: Supervisor Uilkema
C. ADOPTED a position of support on: Bill AB 1124 (Aroner)
The vote on this legislation was as follows:
Ayes: Supervisors Rogers, Gerber, Uilkema and DeSaulnier
Noes: Supervisor Canciamilla
Absent: None
Abstain: None
A( AMENDED IN ASSEMBLY JUNE 3. 1997
AMENDED IN ASSEMBLY MAY A- 1997-11 .
AMENDED IN ASSEMBLY MAY,-.15 .19917, .
AMENDED IN ASSEMBLY.MAY 5, 1997
AMENDED IN ASSEMBLY APRIL 10 1997
AMENDED.IN-ASSEMBLY.APRIL 9, 1997:
AMENDED IN.ASSEMBLY MARCH 5; 1997
CALIFORNIA LEGIS .t1't'L1R1{i---1997 98 REGUILAR SESSION
r
ASSEMBLY BILL No, 23'
Introduced byssembly Member Perste
December ;2, 1996
A vad to amend Sections 245, 12022,E 12022 5, X888;
122 12M, 12285, and 12- M. of to add;Chapter
,..
(commencing uxth Section 12330) to Tale 2:'a:Part '4 of,
and to repeal acid addSe $ Sectrons1227Sard 1227'65
of, the PerJalodeelating to firearms
I:EGISLAITr COUNSEL'S DIGEST
AB 23, as amended, Perata. Firearms assault weapons:
large capacity an unurution feeding devices
1 Existui laws ev es va terms o .: umshm for
a'` erson xwho commits an assault u on the erson of another
f . p p P
with,among other.thugs,a:machinegun Orassault weapon,or
when the'assault is upon the person of a: peace o cer or
92
AB 23 — 2
—
firefighter and the person knows or reasonably should know
that the victim is a peace officer or firefighter engaged in the
performance of his.or her duties.
This bill iinstead would provide that a person who commits
an assault upon the person of another with a machinegun or
assault weaponahall be punished by imprisonment in the state
prison for life,with the.possibility of parole.
2 Existing law provides for specified sentence
enhancements`bf 3 years; or 5, 6; or 10 years for a person who
is.armed with'or uses,an assault weapon or- in the
'commission or attempted conumssion of a felony:
This,bill:would make specified.increases.m* these-sentence
enhancements.
(3) Existing., law the Roberti-Roos. . Assault Weapons
Control Act of 1989; sets forth prohibitions and restrictions
:..with regard to..assault weapons; which are.defined,to include
specified semiautomatic. firearms... A violation of these
prohibitions and restrictions.is a felony.
! This bill would.:repeal and revise this definition to:include
an enumerated;series-of semiautomatic rifles, semiautomatic
Pistols .. semiautomatic shotguns, and. other firearms with
specified-characteristics. By expanding. :�the scope of .an
existing crime, the bill would impose a state-mandated local
program
(4) `Existing law establishes a procedure whereby, upon
re uest of
the`Attorney.General, a superior court in.a county
q
containing a population of �,oU0,40U or more is granted the:
power . to issue'', temporary suspension and a 'permanent
a declaration.that a firearm is.an assault weapon:
This :bill would repeal this provision and, with a specified
exception;, declare Ghat .anassault weapon; as defined; is a .. < .
nuisance ,and authorize the Attorney General or district
attorney to bring an action to enjoin he manufacture,
irnp6rtation,sale; giv ngjendmg, or,possession of any'assault*
weapon. Any assault weapon covered by this provision would
. .
be subject to confiscation and*-summary destruction. Because
this bill would :create a new crime, �t would impose a
state mandated local:program.
(5) Exis. law provides that any person who possesses an
assault :weapon, except as specified, shall be punished by
92
4axa.`L!"-y `��` .. mss:.. "tLu:Sts',`S"''.'.'. i'"'"ii,�C''t�::'«.�'r+'''-i•LSi.<:iCre:�J.�.:?:r:+_:::
— 3 — AB 23.
)w imprisonment in a county;jail`no't exceeding one year or in the
he state prison.
This bill ,would repeal the ;'provision that .reduces the
its pumsiiment for this offense to . uifract�on fora _hrst-tune
or vi.o l ation and:requiresahat:.the
firearm be xeturned unless the.
to court;determines that:the firearm should be.�destroyed.
By increasing the gurus ent for an existing crime;this bill.
ce would impose a`state man dated:iocal program.
ha (:6) Existing law requires any:person who lawfully:possesses
p prior to the:, datet ;was specifiedie an .assault wea ,on `
assault weapon to register_the earxn within 90 days,with the
ce }` pe artment of ustce ursuant s to rocedures that the
p 1 p_ P
department may,establish.
ns This bill would repeal obsolete provisions and provide that
ns an erson vvho re 'stored a firearm as,; an :assault.:wea on,
yp P
le pursuant to,the provisions:of law �n:effect prior to January i;
se `1998; where: he assault weapon is thereafter' ."enerically
.classified to 'be an, assault weapon. pursuant- to: :s' cifed.
ie.. de finitions, shall be deemed to`have registered`the:weapon .
is and need.not reregister it.
th (7j safe;
In e_e€aci#-ler
:al weld 6414bit #fie.
of
apseAa
�w
ty, t- .fit nee
�e ef'die �eeer'a art;.
► e ►� �rs
tree ,' ;. e€ l3ese; sies. ereaig
e is , : : st + ed ee►ai
�d p : Under ;exr"sting `law,_ any person who la if fay
a ... acquired an assault weapon:beforeJune 1989,aind,wish`es to:
ct' use rt in a manner= different tl2an specified, any person who
e, la yacqu red air assault wear pon,betweenJzrne-1, 1989,and
,January 1, X99, and wishes-to keep.it after farivary.1; 1990, or
:.d any.:person who ,wrslies to acquc-e'.;air. assault weapon after
e Ably 'Y 1, '.1990, is reguired to flbtarn a permit.:from the
a sace asspeced
finis bill instead would impose this permit requirement on
�n any person`who is the registere_owner:of an assazrlt weapQr�
,y and wishes to use r'tsn c inner-&ferent fl an spec ed orarly
s
92
' AB 23 — 4 —
person who wishes to acquire an assault weapon after it was
specified to be an assault weapon. }
8)` 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 fora pecified reason.
Vote: majority. Appropriation::no. :Fiscal committee: yes.
State=mandated local program: yes
The people of:the State.of California:do enact.as follows-<
1 SECTION 1 Section :245 of the Penal :Code is
2 amended'to read
3 245. (a) :(1) Any .. -an person. ,,who ;commits assault
4 ' upon the ;person`of..another :with-a deadly weapon or
5 instrument other than:.a firearm.or by any means of force
6 :likely.to produce great bodily injury shall be punished by
7 imprisonment in the state prison.for two, three, or four .
8 'years,..Or.in A county:jail for not exceeding one year, or by
9 a fine:not exceeding ten thousand dollars ($10,000), or by
10 .both the fine..and imrisonment
P
11 {2) Any person who. commits an .assault; upon the
12 person of_another.with a firearrri shall .be punished by
13imprsonment:in the state prisons for two," three, or-four
14 yearsor iria county jail for not less tham six months and
15 not ceeding one.-year- or by both a:fine not:exc
exeeding
16 ten thousand dollars ($10;000)-an
d unprisonrnent.
17 (3) Any person..who commits an ::assault-' upon. the
18 person of another :with, a mach negnin, as :defined_ in
r. 19 'Section 12200,.or.an assault weapon,as defined in Section
s 20 12276; shallbe punished by uprisonment:in,the 'state:
21 prison for.-life-with the possibility of parole:
Any 'person. :who::;commits an :assault upon the
23 person bf another with.&semiautomatic':firearm shall.be
.24- punished ,by:imprisonment. n the state prison :for three;
Msix, or ine years
Any person who..commits an assault:with a.deadly
27 weapoII i instrument, other :than a firearm, or,by -any
92
Iyfi
Via• . ,
— 5 —
AB 23
vas ' 1 means likely to produce. great' bodily injury upon the
. 2 person of a peace officer or firefighter, and who knows or
to,
3 reasonably should know that the victim is a peace officer
'sts. 4 or firefi hter'engaged in he erformarice of his or her
ish g p
5 . duties, when the peace officer, or firefighter is engaged in
6 `_ the performance of his or her duties: shall be punished by
-ed 7 imprisonment in the state prison for three, four, or five
8 years..
es. g d 1 An erson .who commits an assault with a.`
( ) YP .
:10 -officerfirearm upon the:person of a peaceor firefighter,
11 and'who knows or reasonably should`know that the victim
vs' 12 is .a
peace officer . or : firefighter engaged in. the
13 performance:of his or.her duties, when e:peace officer
is 14 or firefighter:is engaged in lie,performance of his or her.
", 15 duties, hall:be punished by imprisonment in tte state
ult 16 prison for four, six, or `eight years.
or, 17: (2) Any :person who commits: an. assault .upon .the
,Ce 18` person_ of . a peace.1` officer or firefighter with a
Y 19semiautomatic firearm and::who knows or reasonably
should: know that .the victim is a peace officer or
by
O .J11 1 firefighter engaged•in the performance of: his or her
bY. 22 duties,whep�. a peace officer or firefighter is;engaged in
011- the.performance of his:or her.duties shall be punished by
he : 24 ': imprisonment in`the stateprison for five, seven, or.nine
by ' .
25 year
-26 ( )a When a. p erson is convicted..of a violation of.this
nd � -
27 section in a case'. d
involving use of a. eadly weapon- or
ng 28 instrument or=rearm, and'the weapon or instrument or
29 firearm is owned by that person,ahe court.ahallorder that:
he
30 the weapon: or ..instrument :or firearm be deemed a
in 31--, uisance,and:it shall be:confiscated arid.disposed of in the
on
32 manner providedby Section 12028
ate; 33 As used in this sectiop:,,peace:officer""refers to any
34 person :designated as `a peace officer in Chapter 4.5
he .�•
35 (commencing with Section 830).of Title 3 of'Part.2.
be 36 SEC �2. Section 12022 of the Penal•Code` s amended.
'e 37 to read:
38 12022. : (a) (1) ` Fx6ept as provided in subdivisions (c)
IlY 39 and :(d); any person who is armed with a:firearm in-the'.
ny 40 commission'or attempted commission of a felony shall;
92 92
. . . .........
AB 23 6
1 upon conviction:of that felony or attempted _felony, in
2 addition and consecutive-to.the punishment prescribed'
3 for the felony or.. :felon of which he.or she has
s 4 -. been convicted,be punished by an additional ferm of one
5 '_year, unless the awning is an. element of the offense 'of
6 which he or she was convicted. This additional term shall
7 apply to arty person who is. .a principal in the commission
8 or attempted commission of a felony if one or more of the
9 principals is armed with a firearm, whether"or not the
10
-P Y.
:personally:armed.with a;firearm
al (2) Except.. as provided in subdivision (c) and
:12 itistandirig subdivision (d), if thea. firearm :xs an
13 assault weapon, as defined ;in Section 12276, or :a
::14 }machine as defined iri:Section 12200, the'additional
gu
15 ;aerm described in :this ubdivision shall be 10 years"
".' 16 whether or not the arming-is an element of the offense of:
17 ..which :he or ;she Ywas, convicted. The additional term
18 provided this ara a h shall a 1 to an person who
p p gr p Pp. Y y
j 19 is a pru cipal in the commission or attempted commission-
20 of a:felony if one or more of the.principals is armed with
21 an assault weapon or machinegun whether or not the �)
J
22 ._person is personally armed with'.ari assault"weapon or -
23 machinegun
24 (b) (L) Any person who personally uses a deadly. or. .:
25 dangerous weapon iri the. commission or. ,attempted
26 , commission' of a ;felony shall, upon_ conviction of 'that
27 felon or.'attempted felony, iri addition;and consecutive
Y
28 to the punishment prescri e. for the felony or attempted
? ,
29 felony ofwhich he or she has been convicted;be punished
30 by of one year, unless use.of a.deadly_
31 or d'angerQus:,Sweapon:is :an element of the offense of:
i
32 :which he:or lie was convicted
33 2_ if he person described in:. ara a h 1 has been.
34 :convicted of :carJaclari or attern ted c ackin ; the
g p 'J g ..
35 additional term shall be one, two, or.three years.;
36 (3:} When a person is found to have personally.used a
f37 deadly or dangerous ' weapon''.m.:-. th0...commission. or,.
38 atter i ted cemm ssion of a felon - as rov�ided in this
P . y p.
39 subdivision and the weapon is owned by that person, the
92
- 7 — AB 23
in. 1 court shall order that the weapon be deemed a nuisance
bed 2 and disposed of in the manner provided in Section 12028.
has
3 (c) Notwithstanding "the enhancement set forth in
one 4 subdivision (a);any person who is personally armed with
e of 5 a".rearm in the commission or attempted commission"of
hall
6 a violation' of Section 11351; 11351.5, 11352, 11366:5,
sion 7 11366 6, 11378, 11378:5, '11379,11379.5, or 11379.6 of the
the � . ,
the 8 Health and Safety Code,'.shall, upon conviction of that
9 offense and in addition and consecutive to the
10 :punishment presctibed for that offense of which he-or she -
and
11 _ has been convicted,be punished by an additional term
'of
12 imprisonment in the state prison`for. three, four, or five:
r" :a � _
)nal .
13 years in the";court's discretion -The court ahall order the
14 muddle erm unless there are circumstances in
gars ., .
e of. 15 aggravation ,or mitigation._ The court sha1T" state the
:rm
16 - treasons.for its enhancement choice on the record at-the
17" time of,the sentence.
vhO .18 (d) 'Notwithstanding the enhancement .set ,forth in
pion.
19 ` subdivision (a);anyperson who is not"personally.arme d,
20 laiowing that another principal is
the with a firearm who,: .
i or .
021 personally armed' with" a'firearm;. is a principal in the
0) 22 commission or, attempted- n commissioof an offense
.or, 23 specified iri subdivision" (c), shall;upon conviction of that
►ted . offense,.be punished by anadditional erm of one, wo;or
.25: ".three years`in.the courts discre"tion."The`eourt shall.order
:hat
26. :.the" midtlle Perm ;unless there are circumstances in
Live
ted : i 27 aggravation or mitigation. The court-. shall : state . the
hed .` reasons for its.:enhancement choice on the record":at the
} 29 :tune of the sentence
idly 30 a For oses of im osin an enhancement;under.
of
.") p� P g
31 ';Section 1170.1; the enhancements under thiee. irsi. :.. 0
s section shall
32 count as:one, single —*enhancement-, -
:33 (f)"` Notwithstanding any..other provision of law, "the
the 34 court ,may strike` the " additional" punishment for. the
;d a 35 - enhancements provided in in (c) or (d) in an
} 36 unusual case where the interests.of justice would best be
or 37 served;if the court apecifi`es on the record and enters"into
this
38 the`":minutes ' the- circumstances : -indicating ' that the
the C 39 "interests :of ustice would best: be "served. b that
J y
401` disposition.
92
92
i
AB 23 — 8 -
1 SEC. 3. Section 12022.5 of the Penal Code is amended i
2 to read:
3 12022.5. ... (a), (1) Except as. provided;in subdivisions
4 b and c , an erson who. ersonall uses a firearm In'..
( ) O Yp P Y
5 the commission.:or atterripted commission ,of - 46
lony
6. shall,upon conviction o f that felony or attempted felony,
7 in addition and consecutive 'to., the punishment '°
8, , prescribed for the felony or attempted felony of which he
j 9_,-or.she has been convicted, be punished by an additional
10 . .term of impr sonment.-in the state prison for. 3, 4, :or 10
At. year , unless use of a firearm is an element.of the offense
12 of whch:he or she`was convicted
the person described in:paragraph f 1) has:been
G 14 convicted;°of -:c
IIla
ax�ackuig ,or, atfiempted :earl acking, the
15 . additional term hall be 4, 5, or 10. ars,*. e,court shall
Y
:16 order imposition.`of the middle term unless :there are
17 . 'circumstancesiri aggravation.,or mitigation The ;court
18 shall'state its reasons for its.enhancement choice on:the
19 :record at` he tune of sentencing.
20 b . 1 N'otwithstaridin : subdivision a :an erson
O O g OYP
21
who is convicted of a felon- or an ahem t to commita
Y p
felony, including murder or:attempted murder, m which
23 that person discharged:A firearm at fan :occupied `motor. :
:24 :yehicle �yhich caused great bodily injury or:death to the
25 person of`another, shall :upconviction;of.th4t felony or
26 attempted felony, ul :addition: and consecutive .to the
27 entente. presribed for.the felony or attempted felony,
,.28 be punished by an additional erm of imprisonment u .the
..L x 29 state:prison for 5,,6, or 10 years _ .
30 (2) : Notwrthstandmg-subdivision (a),.ariy person who
3 .. ersonall uses an assault wea on, as,specif ed in Section
{�: P Y p.
•32 12276;or a:machinegun as defined in Section 12200,iu`the
=.33 commission or:attempted commission of a felony,; hall,:
�I 34 upon conyichon of than felony: or atte;ripted"felony
35 addition:`and corisecuti e o the:sentence: rescri ed�for
p b
36 ie :felony or: attempted felony, be: punished b: an
1 37 additional Germ of imprisonrrient in he tate prison for 20
�I 38 years.
jj 39 (c) Notwithstanding the :enhancement set forth in
40 subdivision (a) any person who personally uses a firearm ,
I
92
i
9 AB 23
aded 1 in the commission or attempted commission of a violation
2 ..,of.Section 11351,-11351.5, 11352, 11366.5, 11366.6, 11378,
signs 3 11378.5, 11379,11379:5, or1�1379:6 of the Health and Safety
In.m 4 Code, .shall, upon conviction `of: that offense. and in
cony 5 addition and>consecutive to the punishment prescribed.
lony, 6 for the offense`of whichhe or she has been,convicted.,be
tient 7 punished 'by an additional term of imprisonment in the
:h he ,
8 state'prison for:3, 4, or 10.years in the `courts discretion.
Tonal 9 The,court shall order the imposition of the middle term
u 10. 10 unless there are circumstances in ..aggravation. or
'ense
11 mitigation The court shall st' to the :rea ons for its
12 enhancement.choice on,the record:
peen -
13 (d) e 'additional term provided by this section may
the I4 .. :be imposed an cases orassault . witha firearm:-.under
sha11 1.5 -paragraph (2).:of subdivision (a) of Section 245, or assault
are:: : . 16 with-a deadly weapon which-is.a firearm underSection
-ourt 17 2452 or murder if the.killing;was perpetrated by means.of
. e 18 shooting a firearm from a:motor vehicle, intentionally at
19 another person'..outs de of the vehicle with the intent to
-rson 20 inflict great bodily injury or death
nita
21 (e) When a;person isound to have personally.used a
hich ;; � ;. ,
22 firearm, •an assault :weapon, or .a machinegun in the
rotor
23 commission or attempted commission of a felony as
' the 24 provided.Tri this`section and'the firearm,:as ault weapon,
iy oi` or�-machinegun`is owned`by that,person, the courtshall
e 26 order. .that the firearm° be deemed a 'nuisance and
ony, 27 disposed of rn,the manner provided Tri:Section 12028
ithe _
28 (f) For purposes of imposing ari enhancement under
29 Section 1170.1, the enhanceMents under this section shall
.
30 count as one, single e. ancement
ition 31SEC'. 4 Section 122755 ofthe Penal Code is amended
I the 32' to'read•
:hall, 33 12275 5 The: Legislature hereby finds:and eclares
Y2 in (�` 34 that the rohferation acid use:of assault wea ons uses a
i for : _y P_ p p
3.5 threat to the health,:safety, and security of all citizens.of. .
an 36 this. state The Legislature has �-.:�'-�a. a :ate
)r 20 37 speeified defined thoseiearms referred'to zn
:38 terms of generic characterlsiics in Section 12276 based
h in ,
39 upon-'fin that } thoseeariris have
!arm,, : 40 such a:hi h rate of fire and ca aci for fire `ower`that its
C g p tY p
92
92
i
AB 23 _ 10 —
I
10 --
1 function as a legitimate sports or recreational firearm is
2 substantially outweighed by the danger that it can be
3 used to kill.and injure human beings. Itis the intent of the .
4 , Legislature m enacting this. chapter to place restrictions
5 on .the .use: of ,assault weapons and ;to. establish a
6 registration and permit procedure;for their lawful sale
7 and possession. It is .not, however, the intent of the
' 8 Legislature by this chapter to place restrictions on the use
91
of,.::those weapons which are :primarily designed and
10 ..intended for.hunting, tar get-practice,-or other legitimate
11 sports or recreational-activities..
12 SEC`'S. iSection 12276=of the. Penal Code is repealed
.13-
14 SEC 6. Section 12276 is added to the Penal Code, to
15 read.,
16 12276. As used in this chapter, the following
17 definitions shall apply
18 (a) :Detachable rifle:magazine" !means adevice that
19 is desi ed or redesi
gn gned to do all-.of the following:
20 (1) To be` attached to a rifle. that is designed `or
21 . redesi
ed to fire ammunition,
To-be attached o, and.detached from, a rifle that
23 is..desigled'or;redesigned to fire ammunition.
24. (3) To feed amfnuntion:continuously and directly into
25 the Goading mechanism of a r�#le Ghat is..`designed or }
_:26
go to fire ammunition.
27 (b) "Detachable pistol magazine"means a device that
28 is designed or redesigned to do all of the following
29 1 To be:;attached .t a semiautomatic firearm that is`
t. . , .
30 not rifle or shotgun that is designedorredesigned tofire
31 arnmurution.
32 ' (2) .To be.attached to, and detached from; a firearm
33 ; hags not a rifle orahotgun that is designed or'redesigried
34' to fire amnnurition
35 m
(3) :To feed amunition continuously and directly into
36 the loading mechanism.of a firearm that:is not a:rifle or
37 a shotgun that is designed ; or ::redesigned o; fire
38 'ammunition. . ,_ _ .
39 ,.;
(c) Detachable shotgun magazine" means a device
40' that is designed .or redesigned to do,all.of the:following.
92
• I ,=:rxa
11 — AB 23
M is 1 (1) To be attached .to a firearm that. is designed or
i be
2 redesigned to fire a fixed shotgun shell hrougha smooth.
the 3 bore.
ions 4 (2) To be attached-to and detached from, a firearm .
h a 5 that is designed or redesigned to fire a fixed shotgun.shell
sale _ 6 through a. smooth°bore.
the 73 . To feed'fixed shot un shells 9ntinuousl and
O
use g
and 8. directly into,the 'loading mechanism o ..a. firearm that is
9: designed or redesigned to fire a fixed shotgun shell.
late 10 (d) ``'Rifle','-shall have the name meaning as.:provided
led 11 in paragraph (20) of subdivision (c) of Section 12020.
12 (e) "Shotghn'� shall have the name rxieariing'':as
to
} 13 provided`m paragraph ,(21) of ubchvision (c) of Section
14 12020
15 (f) "Pistol, means any firearm that is not �.a. rifle or
'mg 16 shotgun
that . 17 "Semiautomatic" means: that the action of a
�g)
18. firearm is designed or redesigned to-fire a single cartridge
19 and auto I tcallychamber.a succeeding cartridge ready
to fire with a single function of-the trigger.
( gg .
21 (l ) "Assaultweapon" shall mean ari of the followin
that Y g
:22 designated rearms
into ,
24aeries
1
-}- , :b
or : wed the
25 ees fr
that � AW, -£•S;: 7, A ; 56,
at �s
28 { - dee 56 Ste;.ate SOS::
T
30 4 a M-.
Arra
:31 {$)•.UZI
ned
L 34 -( }
into 35 �3+aees
` }
36
fire. '37 -( - ease= 4 S8S "
38 Spee
.rice. 39
MAS
40 - - 9 ; 93; HKJ94-
:
92
92
AB 23 — 12 —
The
12 —
Tie des- r
3 } WB li + ed4' +]K+ sliatpehable,magazine4
5 +h+ .SIG AMT, P14R, SG:550-, and SG 55.1
.7.
.9 ;WK ate.
11 { } A4s Vie:
12 11;4/989
14 -( }`
gp Vis;
ee
18 { •}.":de4�4 dies-
19 4 s�►414� a4
i20 { }. •SSV N44i.m.
21 4 Aima4no Vie• NIA 1.
ARe€#fiea�
sSPA-42 -2:
25 {�}, 58-
i
26 � c`..==` -=r—
RII& 894pr,
27 { -
f 28 (1) A semiautomatic i fle that has allof the following:
29 (A).: An ability to.accept a detachable rifle magazine.,
tY�, either. b deli
I 30 B ` An abili y gn .-or having been
31 redesigned; to :i 6centerfire ammunition
. 321 :1. (C)'. A barrel' of less than 182 inches in length.
33
34 (2) A semiautomatic rifle that.has all of the following:
35 (A) Ax..ability to.accept a detachable rifle magazine.
36 (B),:': An. ability., ` design tY� either b y or hag been
37: redesigned; to;fire:centerfire'ammunition :' -
38 (C) Any.one;of the following:
39 (i) A conspicuous-:protruding:pistol grip•
02
- 13 — AB 23
kJv1 (ii) A trigger guard.that.connects to the bottom of the
2 pistol grip or to the
stock of the weapon.
- 3 (iii) A thumbhole stock: .
4 (�v} 'A vertical handgrip:
5 { r}-
6 (3) A semiautomatic rifle that has all of the'following:
7 (A) Ari ability to accept a detachable rifle magazine.
" ,(BY An -ability, :either by .design or having been
9 redesigned, to fire.ceriter.�ire ammunition.
10 ` (C) 'An overate ength of,less than 3U inches:
12semiautomatic rifte that is designed or
13; re:designed ao fiire centerfi a amity uni. and that has a
14'' fixed magazine°capacity in excess-of 10 rounds
15 { }
6 . (5J .A semiautomatic. pistol that has an. ability to
17 'accommodate a 'detachable, pistol magazine and has at
18 least one'of the following:-
I9 ( ,) ' A detachable pistol magazine that attaches to the
20 pistol at some location outside"of the pistol grip.
A �ead` d barrel;capable of as ce tin a barrel
e P c P g
22 extender, #lash suppressing device;;or other.attachment
23 designed, intended, or :functioning so as to supp"ress or
24 ash :the .flash produced liy a rearm when
25 discharged,'or:a.vertibal:handgr�p
26 (C) A shroud that is attached to, or partially or
27 completely encircles, the barrel
Ig: 28.
(6J A semiautomatic shotgun- that has both of -the
en
3Q fohog
folding or telescoping stock:
32 B A �stol ` '' that rotrudes cons icuousl beneath
{. ), p� P p P Y
33 the°action:of the:
,weapon:.
e• 35 (7J A semiautomatic shotgun that has a fixed magazine
,n 3fi' capacity in, excess of Hive rounds
37 -
3$ ` ;(SJ A emiautomatic shotgun .that has the ability to
39 accept a,detachable.magazine.
40 { €3}
92_ 92
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21 — AB 23
11340) of
2. DMsion a of Tide .2 of the Cede;
3 eke e€ ,shaR ftet-ftp -01
4 e€assort �eapens ' . I:ed ►
res- 5
' . 6 { } eke Atte .Getter s .hese desftjjd
7fftft�x to
e
8 #fie purpeseo t e€
.9' L SEC.8.. Section.12276.5s:added to the:Pena1 Code, to
the
10 read.
_ j 11 122165 (a) .Except where the possession,
} 12 manufacturer disinbutzons 'ortation `orim ortatzon
p. p .
dei 13 into this state; rkeepigforsale, or offering or:exposing
I
14 ' for sale, or gi'ving::or lending of an assault weapon is
eft :15 allowed by:this.chapter;;an assault weapon, as;deEned in
#fie
16 Section 12276, 'a.nrusance,:and the Attorney General or
the
17 district attorney may bring an: action' to enjoin. the
18 'manufacture, importation; keeping for sale, offering or
19 ..exposing for sale, giving, lending, or possession of any
e I 20 assault wea on.. An
p assault: weapon shall be subject to
(: 21 confiscation and:.su=ary destruction whenever found .
22 within this' state and shall be :.destroyed pursuant to
23 Section 12028; unless a judge or district`attorney cert7fies
24 that the interests of justice .:would best be served by
e 25 reservin the: wea on 'until':the necessi for i
p p ty is use
j 26: ceases
j: 27 (b) _ The Attorney General hall:adopt those rulesand
28 regulations that:may be necessary or proper to carry out`'
. ( 29 ;theP.' ur oses and intent ofthis.chapter.
p . .
j 30 SEC 9 Section 12280:of the:Penal Code is:amended,
1 .
list. - 31 to:
xea
he 32 12280 (a) (:l j Ariy person who; within flus state;
33 manufactures or causes..to be.;'manufactured. distributes
t;) . ;34 transports, or imports' into he state, keeps for sale, or
35 offers or,exposes for:sale,or who gives or lends any'assault
. 36. we..apon,,except as provided:by.thi chapter; is of a "
tY
37 . felon
y; and upon conviction shall: be punished by..
list � 38 imprisonment in the state prison fora:four, six,":or: eight
the .:' 39 years.
92
1
,i
AB 23 . . - 22 —
A. .. (2) In addition and consecufiive to the punishment
2 imposed'under:paragraph:{l_}, any person who transfers,
3 lends, sells; ives any assault.weapon to a minor in
4 violation:of paragraph {1} shall receive an enhancement
5 .of one year:
Any person m463''within this state, possesses any
7 assault weapon is 'guilty. of a public offense acid upon.
8 conviction shall be punished by imprisonment in a county
9* jail not,to exceed-' one year,or mi :the,state prison,.
Notwi hstaridirig. Section 654 or :any other
11 provision:of law, ariyperson who commits another:crime
12 :while violating this sectoin" may receive an additional,
13 •consecutive
. 6
f. one -year, for violating this
14 , section ul:addition and.consecutwe <to tll e punishment,
15 ::inc u g enhancements, which is prescribed :for the
16 ` other,cnme:.,
I7 (d} Subdivisions {a) _and {b) shall not applyao th:e sale
18 'to,:purchase by, or-possession of assault=weapons by,the
19 Department." of Justice, police departments; she_riffs' .
20 offices, marshals'=af�i-66. -€he Department of Corrections;
21 : the Department of the'C ornia Highway patrol;district
22 atfiorneys' offices; ;or.alio:military or naval forces ..of this
, .
23_ state or:of the United :States £or use an the. `scl arge -o
24 their official duties, nor`shall:anything :in flus chapter
25 prohibit the possession;or use of assault weapons by sworn
r 26 .members of these : agencies ° for purposes of law
27 enforcement,>whether;the officer is on.or off duty, or the
possession by pan individual who is retired from service
29, with a aw enforcement agency and is not. otherwise
30 :prohibited from possessing an a -weapontransferred
to °the individual b the agency: u on lus or. her
y: g Y' upon-
32` retirement.
33 : (e} Subdivision, {b) shall not'apply to the.-posse
ssion of r
34 an assault Weapon by any of the-following persons:
individual who is .retired.from:service with. a
` 36 . law enforceYnent agency and isnot`otherwise:prohbited .
.
37 from"receiving (firearms transferred to the individual by
8: `the agency upon his or her retirement,
39 ` (2) Any person during the 1990` calendar: year,-":or
40 during the 90-day period immediately of ter the date it
92
— 23 AB 23
Alak
--nt 1 was specified as an assault weapon; if all of the following
yrs, 2 are applicable:
in. . 3 (A) Elie person is eligible . under this chapter to
an 4 : register the,particular assault weapon.
5 (B) The person : lawfully possessed the. particular
Lny 6. :assault weapon described in.paragraph (1) ,prior:to June .
on 7 -1, 1989,-or prior tothe dateit.was.specified. as an assault
zty. 8 .. weapon
9 (C) The person is otherwise.in compliance with-this
ier F 10..: chapter
me ;. 11 (3) : A person:acting iri accordance with Section $$$8.
ial,
12 er x€398 X2286.
his r 13 (4) A person who is the registered owner,of an assault
nt 14 weapon when possessing the weapon pursuant to Section
he 1588 .12'285 or.12286
Any pexson .during fhe�90-day period after he or
ale 17 she obtains title to anassault :weapon registered under
he 18 this section �by`bequest''or intestate succession, if.the
ffs' 19 person ..is. eligible under this chapter to register .the
ns, .. - . 20 `particular assault, weapon and the =assault weapon is
ict 21 possessed: at a :P, lace set forth. in pal-agraph (1) of
tiis . .22 subdrvlsion (c).;of Section:12285 oris transported In order
to comply wltli paragraph (2) of subdivision (b) of
ter '&edbn 12285
25 (f) , Subdivisions a and b shall- nota 1 to the
ern O .) Pp Y
i `26:. manufacture.bb persons who.are issued.permits:pursuant
he 27 to Section 12287 .of assault weapons for sale to'.. the
ice 28 .followui
g
ise 29 (1) Exempt'entities :listed in subdivision (d)
ed 30 (2) ;Entities and persons who have been issued permits
ier: 31 pursuant to Section X2286
32 (3)' Entities ':outside thes tate who:have, in effect, a
of 33 federal firearms dealer's license solely for the purpose-of
distribution to an entitylisted in;paragraphs (6),
a 35 inclusive
der
d 36 (4) Feal military and.law enforcement Agencies. .
iJy 37 (5) ,Law enforcement and nulitary agencies of other
38states.
or _ 39 (6): Foreign governments'and :agencies approved.*
f t . 40 the.United States State;Department.
92 .:
AB 23 _ 24 —
1 (g). Subdivision (a) shall not apply to a person who is `
2 the executor.or:administrator of an:estate that includes an
3 assault:;weapon registered by
Section 12285 that. is
4 clisposed of as authorized by the probate court, if the
5 disposition`is otherwise.permitted by this chapter.
6 (h) Subdivision (b) shall`not apply to'a person who is
7 the executor or administrator of an estate that'
includes an
8 assault weapon registered under `Section 12285, if the
9 assault weapon:_is.,possessed ata place set. .for th in
10 ara
p graph (1) _of subdivision: (c) of Section 12285 or as. . .
11: authorized by the probate court
Sision
O (a) .shall ot
napply to either of the
ubdiv
1 following
14 : 1) A person who`lawfuhy possesses.and has registered
15 anassault weapon pursuant to:this'chapter who lends that
16 assault weapon to another if all the i owing- y:
:appl
17 (A) The person oto whom the assault weapon is lent is
18 18 years of:age or over and is not in:a class of: persons
19 prohibited;from.possessing firearms by virtue of Section
20' 12021 or 120211 of this code or Se. tion 8100 or 8103 of the
21 Welfare and.Institutions
22 (B) The..person!:.to whom the assault weapon is lent .
23 remains in the presence of the re1.gistered-possessor.of the
24 assault..weapon
25 O The assault weapon is possessed of any of the
26 following locations
27 (ij While; on a target.rangeahat holds a regulatory:or
28 business license for the purpose of practicing shooting at
that target range.
(u) While on tie prerruses of a target range of a public:
31 or private club or organization; rgaruze"d of,
32: of practicing..shooting at targets
33 (ii) While attending ;any exhibition, display, or.
34 ' educational `prod ect that`'is about °firearms and'tha.t is
35, sponsored by, conducted .under =the ; auspices of, or .:
36 approved by a law enforcement agency or a nationally or__
37 state recognized:entity"thiat: fosters proficiency:
38 promotes education about; firearms.
I 92
:
— 25 —
AB 23
is 'a' 1 (2) The return of an assault weapon to the registered
�n 2 possessor which is lent by the same pursuant to paragraph
is 3 (1)
ae 4 (j) Subdivision (b) shall not apply to the possession.:of
5 an As: t weapon by k.pprson to whom an assault weapon
is 6 is lent pursuant to. subdivision .(i) .
in 7 (k) Subdivisions (a): and; (b) . shall not. apply to the
ze 8 possession and unportation.of.ari assault weapon into this
in 9 state by a non' ' ".1 eint ifall of.the following conditions are
as 10 met:
11 (1) The person is attendiiig,:or -going directly to or
ie 12 coining dzrectly.from an organ zed.competitive match;or
:`13 league competition that uivolves the use of an assault
,d `14 weapon
at
15 The competition or, match is .conducted on the
16 premises..o one of the`;followg
IS 17 i A tar et ran a that holds a re ator or business
O g g Y
IS. 18 icerise for the purpose of practicing shooting at that
,n 19 target range.
ie = 20 (ii) A target range of a public, or. .private club or .
}. 21 organization :that is organized for the purpose of
:it 22 practicing shooting at targets
match or , com etition is s_ onsored b ,
ie 23 (3) The p p Y
conducted under;ihe auspices of, or approved by a law
ie25enforcement.agency or a nationally or state recognized
26 entity that fosters;.prociency in, or promotes;education
27 about, rearms
afl 28 (4) The assault:weapon,is transported in accordance
29 with:Section 120261 or 12026.2.
is: 3p (5) Tile personas 18,years of age or over and is not:in
class of persons prohibited from possessing,f rearms y
32 virtue of Section 12021;or 12021:1 of this code or Section
33 8100:or 8103:of the Welfare and Lnstitutions Code
34Subdivisions (aj and (b) shall riot:apply to a person
Jr . :35
�r. 36 (1) Actin m accordance with .subdivision b of
g. )
�r 37 Section X2285:
38 (2) Acting.zn accordance with Section 12288 or 12290
)2 92
;i.
AB 23 — 26 -
1
26 -1 (m) -As used in this chapter, the date a firearm is
2 "specified, as an assault weapon", is the earliest of -the
3 following:
4 (1) The effective date of an amendment to Section
5 12276 that adds;the designation of the specified firearm.
6 (2) The:effective date of the listpromulgated pursuant
7 to Section.1,2276.5 that.adds.or changes the: designation of
8 the specified.firearm.,: :.
9 (3) The ,effective date of an amendment to Section
10 12276 that specifies a firearmby,generic characteristics as
11 awassault weapon:
12
I3 SEC 1D Section 12285"of: he Penal±Code is amended
14 . to read:
X15 12285 (a) Anperson who lawfully possesses an
16' assault weapon'prior to the date it was specified*>as an
17 assaultweapon shall register the firearm within 90 days,
18• with the. Department of -Justice pursuant to those
19 procedures `:that : the . department `may establish. The
:20 registration shallcontain a description of the itthat
21 identifies it:uni uel , mcludin all identification marks,
q . . Y � g
.:22 the.full:name, address; date of birth; and thumbprint of
23 . the owner, and any other information that the
24 department may deem appropriate: The department
25 ;ma char a a:_fee for re 'stratiori of u to -twenty dollars
Y., g p ty
261 . ($20) per.person but`not.to exceed the actual processing.
27 costs f.ffie department.After the department establishes .
.: 28 fees ` sufficient to reimburse the` department for
29. processing costs, fees.charged shall increase. at'a rate:.not
30 to exceed the.legislatively approved annual cost-of--hying
31 adjustrnent for the: epartment s budget"or..a otherwise
32 : increasedahrough;the Budget Act
33 (b) (1) Exceptasprovrdediriparagraph {2) or (3),`no .
34.. :. assault weapon possessed pursuant to_this' ection maybe1
j 35 .:sold or transferred on or after January 1, 1990) to anyone
36 within this state other than I .
to a licensed-gun dealer; as
37 defined In subdivision (c) of Section 12290;oras provided
38 in Section I .
39 (2) Any person who obtains title to an assault weapon
40 ': registered under this section by bequest or. intestate
92
i
-- 27.— AB" 23
n isI succession shall,. within 90 days,. render the weapon
-the 2 permanently inoperable; sell the we to a heensed
39t
*eeta
A axon aa€
, . ,
trxn. _ 5 {e ' t S� of: $;'licensed
giant 6 �,dealer, eg ster t1�e ear' i .with Lbe Departr11erlt of
in of 7 _Justice pursuant ,to subdivision or remove ` the
8 weap .from,thi
ons state.
tion
�s 10 (3} A person moving uto:,th�s state;otherwise in lawful
11 possession of an,
assau weapon, shall :do ::one `of the:
3.2 ,:follow
g ;
ded i3 (A} Prior to brugnng the assault weapon ffta this state,
.l 4 that person h shall= ;first obtitri, a permit from the
an 15 Dep rtrnent o,Justice ni the same manner as°specified in
16 Article 3 {cornmericing:with.Secti6n 12230) of.Chapter 2.
ays, 17 (B) The person shall cause the assault weapon to be
rose: R delivered to a licensed �:gun' dealer, ..as : defined . in
Me . : 19 subdivision {c} of Section 12290, zn this. . state ' in
:hat 20 accordance with Chapter 44 {conu�cencug.wth Section
rks,: ` , 2i: 921} of Tale :18 of }tile United States Code and thea
t of 22 regulations issued pursuant,fh6r.eto. f the person obtains
the ;23 a pernut from the.:Department of Justice i the same
ent . : 24 : manner as, specified ..in Article` $ (commencing:` with
r'
tars 25 Section 2234}, of Chapter':'2, the dealer`shall.:redeliver
,Mg 26 :ahat assault weapon to the person. :If the licensed gun
hes 27 stealer, as deed in subthvsxon (c} :of Section 12290, is
for 28 prohibited from delivering the assault weapon to a person.
not 29 pursuant to flus paragraph,. the::dealer shall:possess or
30 dis ose of the assault wea an as allowed b this -p_4p
ter.
P p y P
Mg 4 has re feted an :assault wea on
rise 31 {c) A person whoa gns
P
32 under: this section may possess It only under any of the
no : 33 :following conditions tanless a perimit allown�g additional
be 34 u es i first abtaed under Section 1228fi, `
35 (1) At that. ' erson s:residence,
ane P place of busui.ess,. or '
30' '...6.ther property t owned :b that erson or on: ro: e
Y : p P pY
ted 37 awned by:another with the owner's excess permission;
38 {2} :`While ori thepremises of a target range of a public
ion r 39 or private elubor organization:organized for the purpose
ate t 40 of:practicing slanting at targets:
92 92
j
Ag 23 28 —
1 (3) While on a target range that.holds a regulatory or
2 business license for.the purpose ofpracticing shooting at
3 . that target`range. .
4 (4) While on the premises of a shooting flub which is
5 °licensed pursuant to the Fish and. Game.0 de. _
While. attending.. ..any exhibition, display; - or
7 educational project which is about-firearms and:which is
8 . ponsored. by, 'conducted .under :the; auspices� of, or ._;
i
9 approved by a law.enforcement agency or a nationally or
10 state recognized entity- fosters,:proficiency in, or
11. promotes education about; fi earrns
12 ; (6) While on publicly.owned land ifahe possession and
13 use of
'A"'fit, described Sectio 122:7 is-specipically
14 permttedby the managing:agency of the.land.
15 (7) :While transporting :the "assault:weapon between .
T6 any of:the=places mentioned in his subdavision; or to any
17 censed .
gun-.dealer, as deed =` subdivision (c) of
18 Section .12290, for servicing or °:repair. pursuant to. j
19.:.subdivision (b).of Section 12290,if.the assault weapon is
20. transported as.required by Section 12026:1.
21 d) . No person who is under he age of 18 .years,. no E:
22 person who is :prohibited from :possessing,:a; firearm by
3 Section 12021` or 12021 `l, and no person described' in
24 Section 8100;or-8103 of the.Welfare:and;Institutions Code j
i :25 ma register'or 6886SS:an assault`W- 64 On .`
y' gi p p
:26 (e)_ The departmerit's registration procedures hall
27. .provide the option. . of ,point .registahon for assault. .
28. weapons owned by fairuly members residing in the.same
2
9
. ,.
h
� �- �� ousehold.
, ,
30 (f) Any_person who registered:a+ .firearm as an:assault
31weapon pursuant to,the :provisions of law in effect prior
32 to January , 19.9,8, where the assault weapon is thereafter :.
33 generically classified to be an assault weapon pursuant.to.
34 subdivisioh (h) of Section 122761.shall be deemed to have
35 re 'stered the .uvea -on for purposes::of this cha ter d
p Pte.. p. an
36 need-not`reregister°the weapon pursuant to this section.
37 Ste. 9:
er ' {e a Ste:
38 } ise ale$e€ of a .cede; to
40
92
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eee
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-:..:..: - �- - -
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A - -• _� - ; - - - - - - - - - - -
•
dab
ITT PM
1 .
O
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e v w
o •
31 AB 23
e 1 assault weap- on and wishes to use it indifferent manner different
2 'than specified in•subdivision: (c) of Section 12285any
,
e 3 �, et
weeii
� by
4 .- 1989;.ate ; _ 404o; eg to
kei9p it-
5 X999;or any person who wishes to acquire
6 an assault .Weapon after
p � arry -i; 1990; it was specif'ed
daft-
7 to be*anassault weapon shall first obtain a permit from;the
the
8 Department of Justice in ahe same manner as s ecified in
p.
9,; Article 3: (commencing.with Section 12230) of Chapter 2.
10 SEC 12. (a) It is the intent of the Legislature ln.
11 enacting this;act to:ban°certain categories of fireai=as
12 assault weapgns based upon theizgeneric characteristics.
13 (b) This act shall not be.construed to do any of the
14 . following•
15-1. (1) Forgive or legalize the making,. ,distribution;
16 .importation, orpossession ofanyPrrearm denominated an .
17 assault.weaponbySection 12276 ofthe Penal Code as that
�. 18 'section read prior to january 1, 1998.
ink' 19 (2) Forgiveor:, legalize any conduct prohibited'.by
20 Section"12280 of the Penal Code as that section readpilot
21 to,January 1, 1998
22 (3) Void or. make :.voidable :or:render invalid any
23 conviction for:a isolation of Section 12280 of the Penal
ited. 24 Code as that section.read nor to anuar 1 `1998.
ieed. s ;' 25 (4). Bar anyprosecutibn fbi any conduct rohibited b
ef
26 Section 12280 of the Penal Code as tha t section read prior
27 to january44-
28. ,
, 1928. SEC. 13. No reimbursement` is required by this act.
29 > pursuant to S. 6ctfiion 6 of Article IIIR'
of the California.
30:. :Constitution:because.the only costs that may be incurred
31 by a local agency or school ,district will be incurred
32 because this : act creates anew crime or fnf action;
33 eliminates a crime:or infraction, or changes the penalty _
34 ` fora crime or'infraction, within the meaning:of.Section,
35 17556 of.the Government Code, orchanges the definition
fed36 of a crime withinthe xrieariing of Section 6 of Article
37 XIII:B of the California Constitution:
38 Notwithstanding .Section _17580 of the Government: '
39 -Code,unless otherwise specified,the provisions of this act
fan
92 .
92
:.::..._:v.iv. vv�Lb..i1";'1.:s..:A_Cti•.Cs}Lh:i.:G•K+L:.Y•'•• J.'Su:3+.5u _ .• =:-•_a•�••-'•. •;• •:2iiav li.:w':ieW..au✓
j
AB 23 — 32 —
1 shall become: operative on .the same date that the act
2 : .takes effect pursuant.to he California Constitution.
f
s -
t
.r.
r _ 92
4
AMENDED IN ASSEMBLY MAY 27, 1997
AMENDED IN ASSEMBLY MAY 15, 1997
CALIFORNIA LEGISLATURE-1997-98 REGULAR SESSION
ASSEMBLY BILL No. 488
4
Introduced by Assembly Members Caldera, Villaraigosa,
Alquist, Washington, Aroner, Bowen, Keeley, Knox, Kuehl,
Lempert, Ortiz, Perata, Scott, and Shelley
February 24, 1997
An act to add Chapter 1.5 (commencing with Section
12150) to Title 2 of Part 4 of the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
�4 AB 488, as amended, Caldera. Firearms: Handgun Safety
Standard Act of 1997.
Existing law regulates the manufacture and sale of firearms
in California.
This bill would require the Department of Justice, on
January 1, 1999, to compile, publish, and thereafter maintain
the California Handgun Safety Standard Roster, listing all the
handguns that, pursuant to certified testing data acquired by
the manufacturers and distributors of those handguns, meet
or exceed specified federal safety standards.
The bill would make it a misdemeanor .to sell, offer, or
expose for sale any pistol, revolver, or other firearm capable
of being concealed upon the person that is not listed in the
California Handgun Safety Standard Roster.
97
AB 488 — 2 —
This
2 —
This bill also would make it a misdemeanor to manufacture
or cause to be manufactured, import into the state, keep for
sale, or offer or expose for sale any handgun that does not
satisfy the specified federal standards. The bill would provide
specified exceptions for specified exempt entities, and would
authorize the department to issue permits for the
manufacture of some of these handguns for the sole purpose
of sale to, purchase by, or possession by any exempt entity.
The bill would prohibit a licensed firearms dealer,
commencing January 1, 2002, from supplying, selling,
delivering,or giving possession or control of any handgun that
does not contain a use-limitation safety mechanism unless the
handgun is accompanied by a warning, as specified. The bill
would provide that failure to include this warning is a
misdemeanor, except for certain specified transactions.
Because it would create new crimes, 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:
1 SECTION 1. Chapter 1.5 (commencing with Section
2 12150) is added to Title 2 of Part 4 of the Penal Code, to
3 read:
4
5 CHAPTER 1.5. HANDGUN SAFETY STANDARD ACT OF 1997
6
7 12150. (a) The Legislature hereby finds and declares
8 as follows:
9 (1) .Every year hundreds of thousands of pistols,
10 revolvers, and other firearms capable of being concealed
11 upon the person are sold in California. A. significant
12 number of these firearms are poorly made, unreliable,
97
3 — AB 488
re 1 often times unsafe, and.easily concealable. These poorly
or 2 designed firearms are marketed by manufacturers as a
of 3 reliable means of personal protection, but objective
3e 4 expert evaluations suggest that many of these firearms
.ld 5 are not well suited for this purpose. Moreover, many
�e 6 handguns do not incorporate basic safety features to
se 1 7 prevent their misuse by children. According to the
:.. 8 investigative arm of the United States Congress, the
;r, N 9 General Accounting Office, nearly' one-third of all
lg, j 10 unintended shootings could be prevented if these safety
.at I 11 features were required on all firearms. .
ne 12 (2) These poorly constructed handguns are also
gill 13 disproportionately associated with crimes and
a 14 confiscated bylaw enforcement agencies. Although these
15 junk-guns are already prohibited from importation into
�se 16 the United States by federal law,their production and sale
17 continues to rise in California. Technology currently
se 18 exists to render stolen handguns'inoperable to prevent
�d 19 their illegal use by criminals prohibited from purchasing
or - 20 firearms.
( L 21 (3) Consumers are entitled to assurances that
yd 22 handguns sold in this state are reasonably safe, accurate,
23 and reliable. Californians are also entitled to assurances
3s• 24 that handguns sold in this state utilize available
25 technology to prevent ready use by unauthorized users
i 26 such as. criminals who -steal those weapons -to commit
S• 27 additional crimes.
28 (b) Therefore, it is the intent of the Legislature in
on 29 enacting this chapter to eliminate from circulation in
to 30 California poorly constructed handguns that are
31 ' disproportionately used in crimes and ensure in the
32 future that handguns manufactured and sold in California
17 33 include basic child and criminal proof features to prevent
34 the needless loss of innocent lives.
*es 35 12151. As used in this chapter, "handgun" means any
36 .pistol, revolver, or firearm capable of being concealed
)IS, 37 upon the person, as defined in subdivision (a) of Section
ed i 38 12001.
.nt 39 12152 . (a) Any person in this state that manufactures
le, 40 or causes to be manufactured, imports into the state,
97 j 97
n
AB 488 — 4 -
1
4 -
1 keeps for sale, or offers or exposes for sale any handgun
2 that would be prevented from being imported into this
3 country because it does not satisfy all applicable standards
4 established by the Secretary of the Treasury pursuant to
5 paragraph (3) of subsection (d) of Section 925 of Title 18
6 of the United States Code is guilty of a misdemeanor and
7 shall be punished by imprisonment in a county jail for not
8 exceeding one year or by a fine not exceeding five ~
j 9 thousand dollars ($5,000) for each violation.
10 (b) Each. handgun that -is manufactured, sold, or
11 offered for sale in violation of this section shall constitute
12 a separate violation of this section.
13 (c) This section shall not apply to the sale to, purchase
14 by, or possession of any handgun by the Department of
15 Justice, police departments, sheriffs' offices, marshals'
16 offices, the Department of. Corrections, the California
17 Highway Patrol, district attorneys' offices, full-time paid
18 peace officers of other states and the federal government,
19 the federal military forces, the California National Guard,
20 or the State Military Reserve, excluding the unorganized
21 militia, for use in the discharge of their official duties
22 when that weapon would be prevented from being
23 imported into this country solely because.it fails to meet
24 federal . criteria minimum frame size prerequisites
25 established pursuant to paragraph (3) of subsection (d)
26 of Section 925 of Title 18 of the United States Code.
27 Nothing in this chapter shall prohibit the possession or use
28 of any handgun that would be prevented from being
` t ' 29 imported into this.country solely because it fails to meet
30 minimum frame size prerequisites pursuant to paragraph
31 (3) of subsection (d) of Section 925 of Title 18 of the
32 United States Code by sworn members of these agencies
33 when on duty and the use is-within the scope of their
-34 duties.
35 (d) (1) This . section shall not apply to the
36 manufacture by a person issued a permit pursuant to this
37 subdivision for the sale to, purchase by, or possession of
38 handguns by any exempt entity listed in subdivision (c) .
39 (2) The Department of Justice may, upon a finding of .
40 good cause, issue a permit for the manufacture of
97
- 5 — AB 488
un t'` 1 handguns that would be prevented from being imported
his 2 into this country solely because they fail to meet federal
-ds 3 criteria minimum frame size prerequisites established
to 4 pursuant to paragraph.(3) of subsection (d) of Section 925
18 5 of Title 18 of the United States Code to federally licensed
ad 6 manufacturers of firearms for the sale to, purchase by, or
lot 7 possession of those handguns by any agency listed in
ve (` 8 subdivision (c).
9 12153. (a) The manufacturers or distributors of any
or 10 handgun shall acquire certification by fti ieensed an
ite 11 independent laboratory licensed pursuant to subdivision
12 (b) that the .handgun meets or exceeds the standards
se 13 defined in Section 12152 and shall submit that
of 14 certification along with a prototype weapon and copies of
Is' 15 all supporting material described in this section to the
da 16 Department of Justice.
id 17 (b) The Department of Justice shall establish heed
A2 18d testing stemdards administer a licensing program for
A 19 laboratories to verify handgun compliance with the
.Ad 20 standards defined in this chapter. The department shall
esk � � 21 establish licensing and~ testing standards based on
lg 22 expertise, the ability to perform necessary testing, and
et 23 the absence of any affiliation with a firearm
es 24 manufacturer. The department may charge any
�) 25 laboratory that is seeking licensure to test handguns
ie. ,` Jj 26 pursuant to this chapter a fee not exceeding the cost of
se 27 administering the licensing program.
,zg 28 (c) The licensed testing laboratory shall, at the
et 29 manufacturer's expense, test the firearm and submit a.
?h 30 copy of the final test report directly to the Department
1e 31 of Justice along with a prototype of the weapon. The
es 32 Department of Justice shall notify the manufacturer of its
air 33 receipt of the final test report and the department's
u : . 34 determination as to whether the report satisfies
ie `-� 35 department'standards.
lis 36 (d) The licensed testing laboratory report shall
of '37 include all of the following:
-) • 38 (1) The date of the report.
of 39 (2) A unique report number.
of
s
97
AB 488 — 6 —
1 (3) The name, address, and telephone number of the
2 laboratory and the manufacturer.
3 (4) The place of testing.
4 (5) A statement identifying the test methods used in
5 testing the firearm.
6 (6) The firearm name.
7 (7) The total number of firearms required by the
8 laboratory to be submitted for testing,and the sample size
9 tested.
10 (8) The test findings and a conclusionary statement
11 that the firearm tested either does, or does not, meet all
12 the standards defined by this chapter.
' 13 (9) The signatures of the person or persons who
14 conducted the tests, and the person authorized to issue
15 the test reports, with the title or position held with the
16 laboratory.
17 (10) Any additional information required by the
18 Department of Justice. -
19 (e) Any laboratory that submits a report pursuant to
20 this chapter shall make available to the Department of
21 Justice upon its request all records.and correspondence
22 related to that handgun testing data.
23 12154. (a) On January 1, 1999, the Department of
24 'Justice shall compile,publish,and thereafter maintain the
25 California Handgun Safety Standard Roster listing all the
26 handguns .that, pursuant to certified.testing data and the
27 department's review,meet or exceed the safety standards
28 defined in Section 12152. The roster shall list those
r 29 handguns, by "manufacturer and model name and
30 number.
31 (b) The department shall include on the roster any
32 handgun listed as a curia or relic, as defined in Section
33 178.11 of Title 27 of the Code of Federal Regulations as of
34 January 1, 1998.** #
35 (c) Commencing on February 1, 1999, any person who
36 sells, offers, or exposes for sale any pistol, revolver, or
37 other firearm capable of being concealed upon the
38 person that is not listed in the California Handgun Safety
39 Standard Roster is guilty of a misdemeanor.
97
2.
AB 488
of the .� 1 (d) The Department of Justice may charge any
2 manufacturer or distributor that is seeking to list a
ped in 3 weapon on the California Handgun Safety Standard
4 Roster a fee not exceeding the cost of establishing testing
5 standards and the cost of compiling, publishing, and
y the 6 maintaining the roster.
7 12155. The Department of Justice shall adopt
�e size �` � , 8 regulations necessary to carry out the provisions of this
!ment 9 chapter. These. regulations shall not be subject to the
:et all 10 review and approval of the Office of Administrative Law.
11 12156. (a) Commencing on January 1, 2002, any
who 12 pistol, revolver, or other firearm capable of being
. 13 concealed upon the person that does not contain a
issue 14 use-limitation safety mechanism approved by the
h the
15 Department of Justice that cannot be deactivated by.the
the 16 user and that permits the handgun to be fired only when
17 operated by an authorized user, shall be accompanied by
Mt to 18 the following warning, provided on a separate sheet of
;nt of 19 paper in at least 12-point type:
lence 20 "WARNING: This handgun is not equipped with a
21 device that fully blocks 'its use by unauthorized users.
.nt of 22 More than 100,000 handguns like this one are stolen every
n the 23 year in California. A criminal may.steal this weapon and
ll the 24 use it to commit additional crimes, potentially harming
d the 25 you or your family. The lack of a single-user device on
lards 26 your gun also means that your children may obtain access
those 27 to it and operate the weapon. Statistics indicate that more
and 28 than 1,000 children are accidentally .shot every year in
29 California. Many of those children are killed or seriously .
30 and permanently injured. In order to limit the chance of
r any 31 this misuse, it is imperative that you keep this weapon
asof 32 locked in a secure place and take other steps necessary to
as o
33 limit the possibility of theft or accident. Failure to take
_. 34 reasonable preventive steps may result in innocent lives
who 35 being lost, and also may result in your liability for those
;r, or 36 deaths."
the 37 (b) Any person licensed under Section 12071 that
afety ; 38 supplies, sells, delivers, or gives possession or control of
39 any handgun without the warning described in
40 subdivision (a), except in circumstances defined by
97 97
.':..r.:•..vv..:•.t:i:^_• ..1..._.:_'. .:.:.:... _..:.:....r.r.:.._:...a..Gt ...�. • . vv Lv.'._'f.:v.:.=:rv'... _..__. _.
t •
AB 488 — 8 -
1
8 -
1 subdivision (b) of Section 12073, is guilty of a
2 misdemeanor.
3 12157. (a) Nothing in this chapter shall be construed-
4 to interfere with the ability of any person to manufacture,
5 sell, or offer for sale any rifle, or other weapon that is not
6 defined as a handgun under this chapter.
7 (b) Nothing in this chapter shall be construed to limit
8 or restrict the authority of a local government to regulate
9 the manufacture or sale of handguns.
10 (c) Compliance. with a standard under this chapter
11 does not exempt, any person, corporation, or firm.from
s 12 liability pursuant to any other law.
j' 13 SEC. 2. It is the intent of the Legislature that the
14 Department of justice pursue an internal program loan
15 from special fund revenues available to the department
16 to cover start up costs for the program established
17 pursuant to Section I of this act. Any loan shall be repaid
18 with the proceeds of fees collected under that program
19 within six months
20 SEC. 3. No reimbursement is required by this act
21 pursuant. to Section 6 of Article XIII B of the California
22 Constitution because the only costs that may be incurred
23 by a local agency or school district will be incurred
24 because this act creates a new crime or infraction,
25 eliminates a crime or infraction, or changes the penalty
26 for a crime or infraction, within the meaning of Section
27 17556 of the Government Code, or changes the definition
28 of a crime within the meaning of Section 6 of Article.
29 XIII B of the California Constitution.
30 Notwithstanding Section 17580 of the Government
31 Code,unless otherwise specified, the provisions of this act
32. shall become operative.. on the same date that the act
33 takes effect pursuant to .the California Constitution.
O
97
AMENDED IN ASSEMBLY MAY 1, 1997
CALIFORNIA LEGISLATUI 1E 1997-98,REGULAR SESSION
F.
ASSEM � Y:: No. 828
Introduced by Assembly Member.:Aroner.
February 27, 1997
- S
M
An_act to add Gha ter 5 commencin
p ( g with Section 54540)
K fo Part 29 of the Education Code, relating to pupils.
r ' LEGISLATIVE:COUNSELS DIGEST
hr
t.
AB828, as amended; Aroner . Pupils
Existing law establishes various.programs for at risk pupils;
includin
i g, among others, Healthy Start, Pregnant Minors, .
Teeny e =
g Pregnancy 'revention, Economic° Impact: Aid,
Compensatory r Education, . Migrant Education, Early
Intervention for School Success and Pupil Motivation and .
Maintenance
:This bill would establish the Second Shift 'outh Enrichment
xr Act for the purpose; of improving outcomes for youth a es 8
g
to 18 inclusive, who are at risk . of ruanc uveniie .
y�,. J ..
delinquency, violence,premature pregnancy, or dependence
on the:welfare system The goverriirigboard of a: chool district
�,. would 'designate a a Second Shift Programa program:or
group of programs: operated by individual .schools, school
districts, local :education agencies, local `collaboratives that
include schools; school districts, local education agencies; and.
other local public agencies 'or nonprofit, or `arizatons as
g.
` 1 specified A Second_Sh t Program yvould include (1) tutoring,'.
(2) .access to :sports; recreational activities, .arts,.:music, or
98
AB 828 .2
other enrichment programs, health services; nutrition, -
counseling; and activities .designed to reduce drug, alcohol,
and tobacco use, (3) ~work force preparation assistance; (4)
training and assistance iri-.conflict resolution, (5) 1pregnancy
pr..pvention services or {6) gang:prevention activities Tl e bill
would:.als6, require:the Governor and the Superintendent,of
Public Instructionto identify allexisting sources of funds that
;are designed to achieve any of the goals of.the:Second Shift
Program.and would perrhit.those funds to:be usedby a Second
.Shift Program; as specified ,
=Vote: majority Appropriation: n' Fisc -1:.:committee :yes.
State-mandated local program :no
The people`:of the State of Calrfornra do enact as follows•
1 SECTION 1. The l eg slature`.finds`arid declares all.of
2 the following
3 (a). The;nearly six million children and youth ofschool
4 age who reside in California-face.far- greater societal:rsks
5 and personal challenges than did their parents an
6 _ grandparents
7 (1) 'Schoolage children today are more likely to be
8 unsupervised and unsafe Nationally, the proportion of
9 schoolage children.with'mothers`in.'the work force=rose
10 from 39 percent in 19.70 to -62 percent` in 1990 while
1:1 schoolage childrenspeiid '32 percent of their waiting
12 hours in : :school,` 'a: larger .. portion, 40'" percent, is
13 discretionary time, '.much of it ''.spent .alone; without
14--supervision companionship, or activity Children under .
15 the age' of 11 watch television:an average of 28 hours per
16 week and teens; 23 hours per week
17 (2) Law. exiforcerierit statistics show an increase in
18 crime:during after school hours when children and youth
19 are without-supervisionIn many CaliforniacoYrinunffies
20 pohce :officers report a higher rate of crone during those
21 hours than zany:other single..period of the day
22 (3) Greater.numbers .of children are failing`in school
23 and the consequences-.,,of academic failure aYe more dire
24 than in the past In.today's world;,It Zs nearly unpossile
25 for high school:drop,6uts to`find teady employment.`The
98
F7
— 3 — AB 828
tion, , - , 1 Governor's .1996-97 Budget Summary.reports that close
)hol,
2 to one in_five students drops rout before graduating from
(4) ; 3 high school. Among; those who do not graduate, 28 :
incy ; 4 percent: of: males and 215 :'percent " of females are
bill 5 unemployed; The Attorney General's':report, Violence
it of 6 Prev6ntion .,A Vision; .of -Hope, states-that dropouts are
that 7 three and.one half times a$likely as high school graduates
shift �. _^y 8 to be arrested and six times more likely to be unmarried
:ond. 9 ; parents Sixty percent of prison inmates are high school
:10 dro outs : .
P ,
yes. J 11 r (4)E Children and youth today face an: unprecedented
i 12 level of ::crrie and*violence and are disproportionately
13 re re;6A.ed among both e etrators and victims.:
Pg p rp
;tivs g
� Accordin to. th .:Attorney General's report onwolence,
15 California
youth between he ages of 15 and'19 are 10` to
ill of }16 15 tunes, more likely -today to be murdered than their
17 ` .counterparts in the 1950's and. 1960'SBetween 30 and 40
hoof : 18 : percent of all boys growing:..up n:an urbanized area will
risks 19 be ,;arrested before Y their-. 18th .b�irthda B 1999 the
Y
and20 California Youth Authority projects that'more than 11,400
2i youth will be incarcerated in a`Califorrua.Youth Authority
i be ,22 ;�faeility, at ari. annual cost:
AB 828 -- 4
1 and nearly one-quarter of those are born to teenage
2 mothers who have previously had,children.
3. c At. the same time that :demographic and social
4 . changes have increased the'need:for safe and'nurturing
5: environments for children during nonschool hours,
6 municipal parks and.recreation departments have vastly
7 reduced their programs.due to budget cuts resulting from
8 reduced property'tax revenues. Reduced public funding _.
9 has led:to greater.reliance,on fees to cover the cost of the
1Q ; ro ams leaving Dor` and disadvanta ed Doth with
p gr gP g y
11 even fewer optionsfor supervsedrecreational programs.
12 :.Where publicarids for after=school care do exist, they
13 generally are unava�lable'to children over,Clic age -of' 'I0:
14 d Bud et constraints have also limited the abmtg of
) .
15 California schools to :provide extended day programs;
16 after school recreation;'and other enrichment activltxes
17. such as muse art, computer technology' and
18: sehooko wor assistance.
J9 . (`e) California has.: over .7,000 -schoolsites, many of
20- Which,are closed midafternoon .and ori the weekends'
!'q
21. :, Extending :the use of school £acties by providing
22 ` supervised aotivitles during :nonschool hours would
2,3 better =utxlie the :state's', multi billion dollar. :capital .
24 investri ent in school:f kilities and simultaneously, address
25 the growing need for:after school programs. '
Pro rams ,;for children and Doth are most
26 (f) g y
27 . effectively provded,.and most likely to meet he needs of
28`
e444 pupils of a particular.;cammuxuty, through a
29 collaboration of< u ils, parents teachers, addmminnstrators
p p.
r 30 members of the local ; commur. businesses, and:°
31 cornmuiuty=based.organ}zations that reflect the cultural;
32 : ethnic, and raoal composition of the community:
J. M. orans in Cal�fornla elsewhere,
34 ; �ricluding, among others Beacon: schools, community J"h
4 35 sclools,=and ro ams run b local non root and ublic
p Y p P
35 agencesi have demonstrated that.pro�iduig a.*fe._and-
37:; nurturing environment for children and youth during
nonschool hours: has a..-positive-, .effect on those who
39 parncipate, nciudug reducing the 11kehhood that they:.
40 will become iwolved m crime and violence and other
98
— 5 AB 828
ge 1 behaviors that negatively effect them; their families, and
2 . their:communities:
gal ( 3 ('h) :It' is therefore. the: intent: *o
f the Legislature to
g g
n 4 uriplement the.``Second.Shift.Youth Enrichment Act,".
rs, through which.children from ages,8 to .18, inclusive; will
tly 6 be:provided supervision and enrichment opportunities in
safe'environmentduring nonschool hours.
ng
8 _ SEC ,2 Chapter 5: (commencing with Section 54540)
he-.*
9 is added to Part 29 of the:Education Code, to read.
ah I 10
LIS. 11 CH PTER 5 SECOND SHIM`YOUTH
ey I
C k ENRICHM2 ENT ACT
-
of
14- 64540. This chapter may be:cited as the Second Shift
Zs; 15` Youth Enrichment Act
ies 16" 54541 (a) The goal `of the Second Shift Youth
rid 17 Enrichment Act is to accomplish all of.the following:
18 (l) Increase academic,success
of 19 (2) Promote discipline and healthy physical
20 develo merit:
ng. .+�`
-op
men .
21 (3) Increase self confidence and respect for others.
22 (4) Preyouth .for work-force
Pare.
-pa"ticipatiox
tai 23 (5) Decrease drug use and other self:destructive
ss 24 :`behaviors-among els
:pup
.` . (6) Tncrea a the use of_nonv olerit conflict resolutions :.
est 26 and problem solving
of 27 (7) More effectively ul .tilize and leverage federal,state, .
is
28 and oc , resources,from both public.and:private sources,
rS;
rid 29 to unproye the intellectual; social, physical, and cultural .:..
I 30 skills of sciioolage youthal
.
31 (8) Increase collaboration arriong exis mg;programs m
32 the schools.and iri the cornmuruty.Ghat:are designed: o
re; 33 increase:academic achievement and provide safer .and
` ' F 34 healthier lives for schoolage children and youth
lit '
zd 35 (b) 'I`he Purpose of the Second: Shift Youth
a f 36 Enrichment Act s to mprove:outcomes'�for.:.youth ages
g 37 8 to 18'y6ars,uiclusive,w19are.at risk of truancy,�uvenile
ho 38 dehn uenc
q y, , violence, premature pregnancy, or
by. 39 de endence on : the welfare s stem b
P y y providing
er 40 productive alterriative activities during:nonschool hours.
=; , "
98
98
AB 828 --- 13
1 54542. A program designated pursuant to this chapter
2 may.*include, but isnot limited to; the following
3 :.{a) ::Tutoring or other '`assistance with academic.
4 achievement
5 ' {b). Access.to sports or other recreational acttVnt es.
6 {c) :.Access to :the:arts,� music, or .other enrichment
. programs:
$ {d}; Work ;force preparation ,assistance, including,
t
90':counselxn�g y -and assistance :3n obtaining
} 10 after school and sun neer jobs
Training and assistance mn conflict resolution . ` ..
{ Access to achv�ties °�desi ed to reduce dru
12 f { g
13 alcohol, and tobacco use;
'
14. .. {g) Pre• and revention services� y p
15 h Gang awareness:and<calternatives to.
16 ,:--gangs:.
17 {i} . Access o, health services,-.nutrition;'counseling., or
18 other services required b' participants forlhe'ir healthy
19 physical;-mental, and social,development
20 {�} .Other services that enhance the fives of pupas and
21he . faarriil�es' and increase the likelihood of heir
22 ;ion term self sufhciercy and productiYity.
23 54543 {a)�: The governing board. of a school district
24 may designate:a prograrri br.`group of programs`operated
25 by any of the ftollow�n g:as a Second Sh�£t.Program.
26 ,{t}. An individual school er consortium of schools
27 (2) A 'Al'collaborativc that includes an individual
`28 school or.Gansortium of schools
;` 29 (3)''- local public agenG� or :nonprofit. orgaruzafion
30that :agrees.: through a memorandum`; of understariding
31 with an individual school or consortium of schools to
:32
adnuzuster the.program: .:
The operator of a ►rogram or group of progamts
34 ' that seeks to :have a _program -:or group: of programs € `.
`35_ designated a Second Shift Program shall present all of the
36 fallowing:to the governing board'of the school`district.
37 {1) Demonstration of the need in the school, or
38 geographic conmuxuty:- for ahe services `and aeivitzes
39 .: provided under the Second Shift:Youth Erir�cl en t'Act:
98
.. !C ,i•.
AP
— 7 — AB 828
er
I _. . (2) Identification of 'how. the goals set forth in
2 paragraph (a) of Section 54541 shall be met.
• 3 3 .. .Evidence of 6ollaborativ ' local .pro ram planning
�c.. O - P g p g
4 that includes,.,pupils, parents or. guardians; teachers,
5 'schoolsite::administrators, rnenbers of` he`community,
a ; 6 ;and organzations-that serve youth:or are concerned with
7 the well-being of youth
g y .
g,
8 (4).,A descriptaon-of how.the program will be governed `
end how pupils, parwents, teachers, administrators;; and
g.:
10 members of the community willbe involved an the setting
x 11 of:program polices.
g12 (5) A plan for ongoing outreach to:children,youth,and
13 hear<:famines : to ensure participation, support; an
14 :effectiveness of thee-program;
O -1f ;the ro am wild: "serve children",:. or outh
to. k 15 6 p . gr y
16 . currently served by a Healthy'Start program, how' the
will cooperate with 'and.:complement one
or 17 ;.,programs,-.:
iy -:18 another.
19 (7).! Demonstration:. ..how.. the .program will utilize or
20 coo crate with existin
p g publicly or privately funded
•,u. AJ .21 aerograms desgned(to.;serve:pupils and their families.-in
22 ;order to , mm m,ze: fragmentation and ' duplication= of
ct 23 services an ane con:mum ty to be served. '
24 (8) :D6inonstrat on of how the program will address
251 . the eth.:,,q, anguastic backgrounds of the children and
26youth; a be served and Ir.
families.
Lal 27 (9), A description of funding sources and in
.28 . resources. that wall:support the local program; including
29 any nonstate=funds;khat.:will be:obtained
30 lo. , Plans to obtain nonstate fundin for the purposes
:1g ( g p
to 31 of the.program.
32 (b) Preference in desi atin
. . - atesshall be 'ven to
gn . g ga ,
sites khat demonstrate a; capacity to .operate a program
34 described in flus act The
ns ` governing:,board of a school
35 dstractishall use a communa 's`histor` of anvolvernent in
pie unity y
36 a:successful Healthy Start program as an indreator of that
37 capacity t
or 38 :X4544, =Second ShaftPrograms "may be located in
es
,t. 39 schoolbauldulgs°orother"corrinunitybased buildarigs;but
' 40 .location and scheduling: shall be coordinated with the
b
98 98
AB. 828
1 school schedule to ensure maximum access t 4
o the
2 program by the pupils. ..most likely to benefit from,
::3 participating :.
4. : 4545 {a) Second Shift Programs are.encouraged to
{ 5, request volunteers :from` .;the. business and academic
6 communities to serve as mentors or assist in'other ways;
7 d:
an to request donations of equipment to enhance
$ participants' computer sem,:other job-or.life skills,' and
r 9 work preparation
:Second Shift Programs are encouraged to Nseekahe
t 11 input acid 000peration of city; county, acid special district , ;'`
12 park and recreation:agibncies_where those:{agencies:are-
13 , not already active ,parcparits Nin the ' Second :Shift
14Program. }
5454fi. Nothing u flus act pohibxts.a program :from r
16, ley rig- fees for participation iri :activities established '
]' .pursuant to alas act <I-loweYer if fees are levied,theyshall :
18 be: on a slidin fee,, asis N:accordin to'the amici ants's-
g . g " p �P
19,: ability to pay,and pupils eligible for free orreduced-price
20 lunches shall not be charged a fee:' r
i 21N, 54547,. It''is the � it.64, f he Legislature, ataheNtirrie -
t
:22 funds are made available in the annual'Budget Act;. to "
23N establish the Second;Shit Yout4,Enrichment Fund for
24." the purpose of:fundirig programs designated pursuant to
¢ 25 8_1
act .The Fund : hd1: .be administered by the
26 Department of:Educataon and funds shall be:allocated by
27: eompettrve grants,.
Via} The Governor.and the Superintendent of
r 29 Public Instruction shalldeitify all existing ,sources of
il. 30 hands available to schools, local government, and
S
31 community :organizations that are des .
fined to -achieve
32 any,af the goals established in this act 'ThoNse funds shall
33 vriclude -b :,ore not limited to; all:of the followi ,
g
34 1 'Thea]i£orrua.Meritor,Init%atzve
( )
35 : 2 . Gan JN616hoe Reduction Tro
36 {3) Teen:Pregnancy Pr6vention.Grant:Program.
37 4 Safe School Plannin Grants.
O g
conflict Resolution:Program
39 :, (:6) ,school Gommuruty Violence Prevention 'Teams
�z H th
4Q :, .cal . y Start-
98
9 AB 828
•.o the 1 (8) Healthy Generations:.Healthy Learners (HGHL)
from, 2 (b) The Governor' and Superintendent of Public
3 Instruction shall provide the list developed pursuant to
ged to .4 subdivision (a), upon request,, to any program that has
demic 5 been designated a:Second Shift Program or that plans to
• ways, 6 seek that designation
chance 7 (c) A program designated as-:a Second Shift Program
8 ursuant to. this act may be funded b an of the'so r
ls,'and. p . Y y y u ces
9 : of funds identified �in paragraph (a) to; the extent the
ek the ,10 program is selected and the:funds are -used in, A I a.nner.
listrict 11 that is consistent with law and regulations.governing.the
,
ces are: 12 -source of funds
.-. ..
Shift<_ F:` 13 (d):: It is the intent of the LegYslattire, to .the extent
possible within the: laws and regulations governing ahe
i 'from 15 fund& dentified m ubdivision (a), that those.funds shall
�lished' 16 be distribu e oin a.,Ma.nner that:recognizes the value of .
y.
17 the collaborative process .required in this Aet act; and
�arits's
18 rewardsthat process..
l-
price
aurae -
�ct;:!to
ad.
d for .
Cant:to.:
)y the
� . O . 0
ted by
lent.of
ces.:of
-
�hieve
's shall
:ams:
98. 98
_�.,.....:.:.•... r:il�.diJfi'''� ';�� ��.i.:..5$",-:—'y -.il.`ii.�n:�......: . .x..rc�,.:::_;.}.:,:.e.,c:._._ __.._ - -
1.
c `
.-_• � - -s.�`ar J.:r�'c?�::. ,rinn.esi�Na,n.�,:a.,.,y -.c�,.�..:.�,e....-. ._ .--_.. - -- _ ._-..._.-.. .,
s.
AMENDED IN. ASSEMBLY JUNE 4 1997
AMENDED:IN.ASSEMBLY JUNE.2, 1997
AMENDED IN ASSEMBLY MAY 5 1997
CALIFORNIA LEGISLATURE-1997-98 REGULAR SESSION .
{
ASSEMBLY BILL :No: 1124
Introduced by Assembly Member Aroner
February 27,,1997
Ari actio
amend, Sectiorns '12071,12072
grid 12080; of the
Penal Code, relating to firearms
LEGI$L,ATIVE COUNSEL'S DIGEST
AB 1124, as;amended, Aroner. Firearms trigger locks
1) Existing haw spec-mes prohibitions and requirements
with regard :to the circumstances under which a' person
licensed to sell firearms>ma _.sell bJ transfer a firearm. Existing
aw also requires that a licensee offer to provide a specified
ormational pamphilet to each.purchaser or;transferee o: a
firearm, or' person being loan .a:firearm
t' 'This bill would require a person licensed to sell firearms p
o
rowde each purchaser or- transferee of a
,- :firearm with: a
trigger lock ='or aimilar device designed to prevent the
unntent oral,discharge of the.fiflearm. It would :require the
pamphlet that isprovided .upon purchase of:the:;firearm to.
include a statement of;the penalties ormproper storage of
a firearm and statistics for h"rearms used in suicides .arid
accidental shootings t violation of this provision would:be a
G 96
.:AB 1124 — 2
misdemeanor.'Because this bill would create a new crime, it
would.impose a state-mandated local program.
(2) The California Constitution .r-quires the state-. to
reimburse local,agencies and school,districts for certain costs
mandated , by. jhe stater 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 comnuttee: yes.
State=mandated local program: yes.
The people of the State of;Caltorniao:enact as.follows:
L SECTION: 1, ;Section 12071 of the Penal Code. is
2 Amonded to read:
3. 12071r (a) {1} As used 'in this chapter,: the term
4 "licensee,'.' :"person licensed-pursuant to...Section 12471, '
'5 or "dealer".means a person who- has:all of the following:
fi (A} A valid federal firearrx license;
7 B An re ato or business license, or licenses,
�.. ) y : r
8: . required by ocal overnment:
9 (C} A valid seller's permit issued by:the State Board of
-0 Equalization.
11 (D) certificate bf . eligibility .issued by the
12 Department.-of Justice:pursuant to paragraph (4)*
13 E} A license issued in ,the format prescribed by
15 (F) Is among-:those recorded in the centralized hat
16 specified in:aubdivision:
17 v (2} The duly constituted licensing authority of a city,
18 county;..or a°city and county:shall accept'applications for,
l9 and may giant 'licenses'`permuting, licensees t6;1,,--se
' ll
20 firearms at retaiiwithin. the city, county, or city and
21 county. The duly constituted `licensing authority shall
22 _ inform:applicants who are denied licenses of ahe xeasons
23. for'.the:denial in-writing.
24 (3) No;license: shall be granted to any applicant v�ho
25 fails-to provide a copy'of his or.her°valid`,federal firearms
26 license,valid seller s perm ik'S e I by-the State Board .of.
:9s
..a`.ii.•{ C3CitiLCJ..,ti.. "y ' •�">�.. v`tr"s.`i •s 2J.s[.satL'GB+.W(YSsZ sti+iu ..K ..:z:e52f2'�-
XY' Q•x.-s•yxstlff+K'.• >)J[s tts::ri:
— 3 - 'AB 1124
it , 1 Equalization, and the certificate of eligibility described in
J 2 paragraph.(4)
to 3 - (4) A, person irna ':request a certificate.of elig b hty
its 4` . from the Department of Justice and the Department of;
s 5: Justice hall issue a.'.certificate to an applicant if:the
6 department's records indicate that the applicant is riot a
=d7 ',person:',who is pxoh bited from possessing firearms.
8 (5) The : depaxtment shall adopt` regulations
S. 9: administer he certificate.of eligibility program and shall
10: recover; the;full cosis. of admuustering;.the program by
• 11 unposing fees assessed to;applicants who apply fox those
;Ceik'tif1C' tes: ¢k �,
license granted by theduly constituted licensing
is 14 authority of any ±city, county, or city and county,; hall:be
15 : valid for not more than one year from the date ofIssuaice
M 16 and shall bean one of the'--followin` 16r-ms
17 ('A) In the form prescribed'by`the Attorney general
gig: 18. B Are ato or business license that
.states on its <:
( ) rY
19: fade "Va1ld;for Retail:Sales of��lrearms"
and:..;is endorsed. :
.NS 20 by he aignature:of the issuing;autlonty
21 C A dotter from the dul constituted hcensin
O Y
Of 22: authority having prunary jurisdiction for the applicant's
23 intended business location uris
statue :.that` the jdiction
1e 24 :: does not re utre ari form of xe ator or busuess :..
- q Y gi Y
25 license or aloes not otherwise:restrict or regulate`the sale
Dy 26 of firearms
• 27 7 :
O Local licensing authorities may assess fees to
ist 28 recover their, full costs of processing:'appncatons for
y .
.24: licenses. .
ty,
'
30 :' (;b) license 3s subject o forfeiture for a breach of any
31 . of the following prohibitions and requirements
ell 32 (1) (`A) Except as providedan subparagraphs (B) and
zd 33 (C), the business sha]l be conducted only in the.buildings•:
` designated in the license .
ns .' 35 B A erson licensed ursuant to subdivision a ma
p P O Y
36 :_ take possession of Arearms and commence preparation of
ho:
37 registers for the sale;;delivery; or`transfer of firearms at
ns :.: :38.... gun shows or events, as definedm Section 17. 8100of Title
of 39 : 27 of Elie Code of Federal Re atioas, or its successor, if
40 : the . gun •show or event is not conducted from 'any
96
96 .
AB 3124 — 4 --
1' motorized . or towed vehicle. A, person . conducting
2 business,pursuant to this subparagraph-shall.be entitled
3 to conduct-,business as.authorized herein at any. gun.show
4 or�event:in the_ tate_viithout regard to the jurisdiction
5 :within this. state' .that, i sued the license pursuant to
6 subdiv14ion (a): -provided the person complies with;(i) all
7 applicable laws, including, but not limited to, the waiting
8 . period specified'in subparagraph (A):. of paragraph (3), .,.
9 :and (u) all applicable local laws; regulations; and fees if
1.0 any.
11 A . , erson. :conductin business :_ ursuant to this
p g p
12 sub ara a h shall publicly display his .or. her:.license
p P
3 issued pursuant to subdivisionfaesun ]e thereof,,
a4 at any, gun `show or event, as specified iii this
I5 ubra
aa hre
p . gr P
16 {C} A person licensed pursuant to subdivision (a) iCxiay
17 :.engage-in• the.sale and transfer of rearms other than
18 pistols, :revolvers; 'or ,other firearms capable of being
19 concealed upon the person, at events specified 1n
..sutbdivis on ( of °:,Section 12478, ; suee to: the
gb-
20:.
21 : prohibitions sand restrictions contained `; in that
subdivision,
23 A.person licensed.pursuant to;subd v sion {a}:also may'
24 accept delivery ofearms other than pistols, revolvers,:
25 or other rearms ca .able of:ben concealed u `on the <..
p 8 p :
26person, outside the building designated-m the license;
27 providedahe°dream is.being.donated:for.the:purpose of
2$ sale or transfer at an.auction or similar event speced in
29 subdivision (g) of section 12078.
30 {D) The firearm may be delivered to the :purchaser,.
;31 transferee, or person being loaned the firearm at one of
32 the foIlowing places.
33 ( }: 'Tliebuilding designated.in the license.
I -34 (ii) T'he places specified in sbparagi`aPh tB} or ( ).
' 35ui 'I`he lace; of residence of, ' the° fixed - lace of
{; ) p
36 business of, or on private .property> .owned or. lawfully
x
37 possessed by :the purchaser,.transferee, or,,person;being
'.38 - the firearm
r..
96
—.5 ` AB 1124
ing 1 {2} The license 9.r a copy thereof, certified by the
:led - 2 issuing. authority, shall, be displayed on the premises
low . . 3 where it can easily-be seen
ion 4 (3} No firearm shall be delivered:
A Prior .A ril 1; 1997; within 15 days of the
to 5 } toP
all 6 application-to purchase a pistol,revolver,or other firearm
g 7 capable of ;being conceale11 d .upon .the person, or, after
3 8;. notice by the deparament pursuant to subdivision .{d} of
�' 9 Section12076, w1 .15 days of the subtothe
S31.if
1Q; deparent of any correcuon�to the application;or wifi�hin
11, 15 days of the submission to the department of any fee
12 te. aired
we q pursuant to subdivision (e} .of Section 12076-
whichever-is later.<P of t6:2 pril 1;'199.,within 10 days of
,1 the applicat onrto purchase any firearm,that is nota pistol;
l5 revolv0r4 or other rearm capable of being concealed
nay, if upon the person, or, after notice .by the .department
17. . ursuant to.,. ubdivision d
fan F ( } of:Section 12076 within '10
g 18: days of the submission to- the department o - any
�, 19, correction o the application; .,,or within 10 days of ..the
the 20 submission to he department of any feerequlrecl .
21 pursuant to.aubdivision a of Secti6.12075, whichever
:hat ::' �: }
22 is ater ,On or i after April 1, (1997,..wit bin 1. days, of the
23` application to .:purchase; or, after. notice by- the .
ers, 24` department pursuant to subdivision (d}. of Sect ori 12076
the thesubmissxon to the'department of any
Lse, 26 correction to the application -or..-:% ithin 10 days of the
e of w7� subrxussion -to ahe department ,of, :any -'fee. required
pursuant to subd�von (e) of Section 12076, whichever
29; is,later:
ser;.. 30 �B} Unless unloaded ` and securely wrapped or
of 31 unloaded and m a locked:cohtamer
a
32 �C} :Unless the purchaser, transferee, or person being
33. loaned::the:firearm`presents dear evidence
of_his or bier
C}, adent�ty and age: to the dealer:
35 D :'Whenever the :-.de er is
of ( } a , notified by the
r
illy Y 36. Department of;Justice hat the petson is in a prohibited
,fig 37: class described in Section;12021 or 1.2021 1 of this`code or
38' Section 8100 or$103 of the Welfare`ancl`Instihxtions:Code.
pistol, re�rolvet; or :other.firearm or imitation
40 thereof capable.of bevrig concealed upon-tlie person; or
96 96
fi
l placard,advertising the sale or-other transfer thereof,shall
2 - be displayed in any,part ofthe premYses .where .it can
3 readily be ,seen from the outside.
4 (5} Th e�hcensee;shall agree:to and shallact`properly
;5 ` and ,.promptly in' processing firearms transactions
6 .pursuant to Section 12082
7 (fi) The. licensee :shall comply with Sections 12073,:
8
12076--:.,and 12Q77, ubdivisons a and b of Section
t.:) (' )
`9 12072 and subsion a of:Sectzan 12316.
( } The licensee`shall post conspicuously within the
i lcens-'d- remises the following warnings in block letters
12 riot less than one inch iir he `ht
5 g
IF'SdYOU° ':LEAVE A LOADED FIRTARM
`. t �? [ER
- ----- "''?' 1 . .:ice:rlse'•'.,s,srtr;.z:.r;nt;c�cattxruutiv..is
-- 7 — AB 1124
,shall 1. which shall contain, among oilier things, a se
tatemnt of
it can
2 the penalties: .for i�rnproper storage, of a firearm and
x : 3• statistics. for firearms ';used * w.c des and accidental
4 shootings'. in this state. TIYe licensee may add the cost of
coons 5 the pamphlet; if any, to the sales
)perly price of the firearm.
6 (:10) The licensee shall.-not comet an act of collusion"
12073,. 7 as defined in Section:120' 2.
4
8 (11' The :licensee' Aall , ost cons icuousl within the
on' ' p P Y
' 9 :hcerisedpreiintises adetailed list:of:each cif the following: '`
ri.the 10 (A) Il charges required by governmental agencies
etters'
11 r for :processrig firearrxi transfers required by Sections
12 12Q76, 1208 ,-arid :12$4
;.ARIA
A. �B) All fees that the licensee charges pursuant to
R Y 14 Sections :12482 and l 2 06
SON " 15 t12) The tensee shall not misstate the amount of fees
3RLY . 16 . cha,rge- asovernmenfal agency pursuant to Sections
i, (JR 17 1076, 12082, d
an .1280
18 (13) The licensee shah report,the .loss_ or theft.of any
'�' TC3 19 firearm that is merchandise of the licensee, any'firearm
ARM,
20 that the hcensee_'tak*.,::,session.oupursuant to Section
LAVE
21 12, or any firearm= kept at the licensee's place `of
;business within . hours of discovery to ih appropriate
2.3 law,exnforcement:agency in .the city,:county, or city and
er;or 24 .ctaurity _ where the licensee's business premises are:
I' :.the
25 :located.
26 14 _ i a ci and .Coon or in the'uninco orated
haler, ( ) t3' tY
27 , 'area of a coon with'a o elation of 240 40U persons .or
-Asents p; p '
t3' p ,
more accor" to he most recent federai decenni
g .
,. shall 29 census or within a:cityw� th a population of 50;0 34 persons
omore,acmeeenal34
ucnilar ' 31
.,census any time he licensee is trot open.for business, the
-ck or
32 `:;licensee shall tore all firearms kept W his ar her licensed
33 . place of business using one.of the following methods as to
rge of 34each particular f"irearrm.
35 .. A Stora he firearm:u a secure facili that is apart
i11 not :: t ) t3' p
being
6.* 0f, or that constitutes;`the licensee's business:.premises.
37 (,b) Secure tie firearm with a hardened. steel rod or
. � 38 cable of at least one-eighth inch in diameter through the
er or -.
esarm39 trigger guard of the firearm The steep rod or cable shall
:
1280 40= be secured with a hardened steel lock-that has a shackle.
96 96
i
AB 1124 - 8 --
1 The lock and shackle shall be protected or shielded from
2 the use of:a bolt cutter. and .the rod .or ,cable shall:be
3 anchored in a manner.that,,prevents the rennoval of the
41; firearm from the premises
5 Cj _Store thetifirearm in a locked fireproof sa f e or vault
0.
in the;hcensee s:busmess.premises.
7 (15) The'licensing authority-inan unincorporated area h
8 of-a county.,with apopulation less than 2Qo,000.,persons - N'.-
9 according to th6inost recent federal decennial census or
lU w% a city with a population of less than 50,000 persons
11 according to the most recent federal decenriial census
12 may impose the requirements ,specified m paragraph
14' {16} Cornnczencuig January 1, 1994, the licensee shall,
15 upon the issuance or renewal of:a license, submit a copy
lfi of the Same,: o the_D.epartment of Justice> .
17 {17) The licensee;shall maintain and..make available
I8„ for inspect%on during.business:hours to any peace officer,
° 19. authorized .-local... -law . enforcement, employee,` or.
20':, Department of .Justice employee designated.: by the
21 Attorrie .General u on the resentation f
Y ._. p p o ,,proper.
, . �
I It22.` identmcation, a firearms trarisaotion record,
23' (18) {A) :;0ri ..the:date: of receipt, the acensee .shall
24, report.;: to ;the „Vepartment'::of Justice iz a :format
25. prescribed :by the. department the acgwstiori by
' 26. licensee of the.°ownership of a pistol, :evolver, ;or other
27 firearm ca able of bein concealed u ,on the-person-
h.. g.:. p
The: revisions of this
} : p paragraph shill not apply to .
: 29 any of the following transactions113
.
30' {i} A transaction subject: to the provisions.. of
vis (n} -6 Section 1 U7$
(n} T`he x dealer :acquired the firearm from a
33 wholesaler.
34 (ui) ;The=dealer 1s also licensed ' a secondhand dEaler
35: pursuant to'Article 4. .eommenein
( g with Section 216.25) k
36 of Chapter;9 of Division,$ of.the Business and 1'rofessions
37: Code
38', iv The acquiredthe firearm
person:
39 who is:licensed as a manufacturer or importer to engage-
40: in those activities pursuant to:Chapter 44 (eornmericing .
- 96
5.
4
9 AB 1124
'm ( 1 with Section 921) of Title 18 of the United States Code and
be 2 ' any regulations issued pursuant,thereto.
e 3 .
(y) The dealer acquired the firearm from a person .
4 who resides,outside this state who is licensed pursuant to
alt5 .. Cha ter. 44 commencln
p ( gi.withSection 921) of Titlea8 of ;
6 . the' United:.States Code ,arid any :regulations:.issued'
ea - 7 pursuant thereto.
.ns
8 (c) (1) As used in this article, cIearevidence*o .his or
or. 9 her_identity and age";means either:af the following: : .
10 A A valid California driver.'s license
us )
A'valid Cahforrua ldent cation card.1 sued by the
�h 12 , Department :of Motor.Vehicles. a
Y
13 (2) As used Yn this d'artic�e, :a "lasic firearms safety
: r
r 14 certificate" mems t a; basic firearms safety= certificate
Y 15 issued to the
purchaser,= aransferee, or person; being
16 loaned the rearm by the Department of Justice pursuant
'le 17 :.to Article 8 co enc a
g with Section 12800):: of Chapter :
18 .; 6
or. 19 3 As used in:flus section a secure:facili means a
ae
( .) „
�-t 20 :building that:meets all of the following specifications:
er,
All per mete; doorways shall meet <one of :the
22 following
23 (i) A ;windowless steel} security :door equipped with
at 24 both a dead:bolt and a doarlaiob lock
ie indowed metal:door that' s equipped with both
w
er 26 a dead'bolt and 'a doorknob aoek ;the window:has`an
27` opening of live inches or more measured m.anydirection-
to 28 the window shall be covered nth steel bars of at least
29 `one;half:uich diameter or metal grating; of at least nine
of -
34 gauge affixed to the �exteor,o�r�interior;of the door
31 (ul� A metal grate that,is padlocked and affixed to the
a 32 licensee's premises independent of he door and
33 :doorframe
,
windows are covered with steel bars
er .
5). 35 (C) Heating,ventilating, air-conditiorung and service
as 36 openrngs are secued with`steel bars;metal grating, or an
37 -alarm system .ti -
)n 38 An
y metal grates have spaces no larger than six
�e
{{ 3J inches wide n3easured in any direction
lg
96 . .
96
AB 1124 10 —
(E) -Any metal screens have spaces no larger. than
' 2 three.inches wide measured in anY direction.
. i.
3 (F) All:;steel bars..shall be no further than six inches
4: .apart.
5 (4) As used .in S. section; licensed premises,
fi . "heensed place of business," "licensee's place of
�. .
7 business," or "licensee's-business premises" means the
I 8 building designated in the license.: ,
(.5) For purposes of paragraph (17} of.subdivision (b}
rearms transact�on record; is a ;record
:11 contai:niig the same information referred to' in Section
12 17$ 24a and::°subdivision {e} of lection 1'78.15 of Ti 6127
. 1� of the Code of Federal�Regulations. ` .
licensee shall "be in compliance` with
15 : :prof cions of paragraph {17) of subdivi Io`n {b}'if he or she
16 :maintains and makes'°available for inspection during
I7 . business hours to :ani peace officer; autlorized local law
18 enforcement employee; or " Department `.of Justice
19 ;:em o ee desi aced b the Attorne General; upon the
y .. y y
24 presentatcan .of . ro er identicatlQn, tiie bound .book
p p �
21 :`containing the`same information referred to In`Section
22 178.124x.and subdivision (e} of Section 178.125 of Title 27
23 .:of the Code:of Federal Regulations
24 (d) Upon written:: request: nom a: licensee, the
25 censing authority. 'may grant an e.xemption from
26 icoixipliance veli the requirements of paragraph :{14} of
27 sub, on (b) zf t6,1`censee is unable' : comply with
28 those requirements because: of~ local ordinances;
29 :::covenants, lease conditions, or s` ar,circumstances:not
30 under the control.oft-Ii e licensee
31 : (e} F. ccept as othe .fie provided in this subdivision,
32 :the:Department of Justice shall keep a centrahz�d list of
33 : all ersons licensed ursuant to sub par ahs A to.
p P P :p { ).
(E), inclusive, of pon The
35 department may:.remove:from this.list zany person wvho
36 knowingly or withgross .negligence v%olates=thi article:
37 Upon removal df�a dealer from this Gist,not .atidn shall
38 be provided: to local< lave enforcement and licensing
39 authortiEs in the 3urisdiction where the dealor's business ;
40 is located. The department shall.in information about
11 -- AB: 1124`
in 1 an, individual dealer available; upon request, for one of
2 the following purposes only:
'
3 (1') For, law enforeement. purposes
os
4 (2) When: the information is requested by a person
5 ;licensed pursuant .to Cha ter 44 commencin with
P ( g
'
6.1- Section-,:921)- of Tine 18 of the United :States Code':for
of"
ie 7 deterrri;-n�ng the validity " of the license for firearm
� .
a shipments:
9 ; (f) The Department of Justice may inspect dealers to
.d 10 :ensure compliance with this article.T department may
�n 11 ;assess ax annual :fee, noto exceed eighty-eve :dollars
�7 12 $85.), to cover the se1.asonable cost ofsmaintaining`the list
13escribed in_ subdivision (e), including ,the cost of
. -14 ;�anspections. Dea�ors�=wvhose place :�:of' business is m: a
le
15 4:�urisd�cton that:has adopted an uispection:program to
Ig
16 ensure compliance with firearms law ahall be exempt
w 17 from that portivn:;of the departments:fee that relates to
18 the:.cost of inspections. The applicant is responsible for :`
y 19 eence vidto the.. department. that the
providing
ie .` 20 jurisdiction in which thee business, is: .located has the
)k
21 inspection program
)n ,
37 22 , (g) 'The Department of Justice ;shall maintain and
23 :make available u .on re ue t information concerning the
p q
24 :number of uspections conducted and the amount of fees
le:
M.
;collected pursuant to subdvision (f), a' listing of
of 26 ;exempted jurisdictions,-as,,defined ifsubdivision {f), the
'number of dealers removed from the ;centralized list
th
Is.
28 defined m subdivisionnumber of dealers
of 29 .":found to have violated this article with knowledge =,or
li
g g
31 h Fara a h 14 :.:or i5 of subdivision b shall not
,n, f ,) p ( ) ( ) , { )
of 32 ,apply to a licensee organizepront p
d as a nonublic°benefit
33 or mutual beneiteorporaton organized pursuant to Part
ie (commencing: with Section 5110) or Part ' 3
' 35 ': (commenciri with Section 7110 of Division 2 _of the
lo:,:
g )
�e. 36 C orporations.Code,if both;ofthe following conditions are
37 satisfied, z f
lgnonprofit ,pu}�lic benefit or mutual benefit
:ss
39 >corporation :.obtained: e : dealer s-.license solely and
ut . 40 exclusively to assist'that corporation or local .chapters of
_4
96 96
AB 1124 -- 12 -=
1. that corporation in conducting auctions or similar events
2 at which firearms are auctioned off to fund the activities
3 . of that . corporation or:. the local chapters of the
4 corporation.
5 (2) The firearms are not :pistols, revolvers, or other
6 firearms capable of being concealed:upon-. e. person:
7 SEC. 2.'- Section 12072 sof the Penal Code is amended
8to read: ;
9 12072.: (a) - (1) No person, corporat�on;:or . s
1Q.-:.knowingly ,aupply, deliver, sell; or give possession or
11 controlbf a irearm.t. any:person within anyof.the classes
12 prohibited by section 12021 or 12021.1;
18 (2} No person,:corporationor dealer shall sell; supply,,:
14 deliver; or gine possession or control o a firearm:to any
15 person who -x"; e,or she has cause to belieue;to be within
16 ariy;of the'.classes prohibited.. ySection 12021: or 12021.1`
17of alas code or'Section:
_ 13 — AB 1124
$ 1 (A) In the case ofa dealer,intent to violate subdivision
s 2 (b) or (c)
3 .
3 (B),: In any.; other case, :intent to: avoid either of -the
v
4 ; following;
r
5, (i} The provisions of; ubdivision {t }
.requirements of ariy 'exemption to the
7 provisions bf subdivision (d)
8 (6) The dealer shall comply:with the provisions of
;9 ::paragraph:: (18) of subdivision (b) .of Sectxori12071:
r .
1Q >person licensed under Sectaon 1243'1 'shall
11 supply, sell, deliuer, give or . possession o
Sr control' of a
12 pistol, x�volver, or firearm capable of beteg eonoealed
13 upon:the person to `any;poison wider:the age of�2l;years
y', u
14 ;or any other rearm to aperson�uxderthe ag66- 1$years. ::
Y '- 15 {c}: No 'dealer; whether or not actug ;pursuant to
t'. 16 Section 12082;'`shall deliver; a f rearm to a person, as
1. 17 folld.
ows.
Prior ..to 1997, wig 15 . days .of the
to:purchase a pistol,revolver,oxo er � earm:
20 ca able of bein concealed`u on the erson, or, :after
p g p p
21 notice b -the de artmp it
pursuant to subdivision d of
J a;' ..
y p p. { }
z 22 Section 12076,_ within 15 days of the`submission to the
23 'de aktment of an 'correction to the a ca on or within
p y Pp
6;
days of:the subnu ion to the.department of any fee
s 25 required
,pursuant:to suhdivisron (e} of Section
12076,
r . .
2fi whichever is dater. Priorto April 1, 199"7, withinl0 days.:of
27 the application to purchase any firearm that isnot a pistol,
28 revolver, or other.firearm ,capable of being:conce e
3
29 upon the..person, .or, after :notice by the department
r
30 pursuant to subdivision (d} =of Section 1207fi, wi ]hin 10
f . 31 days of the subinissron to the department of any
32 correction to the application, or wig 10 days of the
33 submission to the department of any;: required
F 34 pursuant to subdivision {e) of;SEct on 1207 , whi]i er
r'after A iii l 1997 within:l0 da s of the
35 is Iater. On n aft p y
36 application to purchase, or , after notice,, by :the
37 department pursuant to.subdivision (:d) of Section 1207fi
s .
38 . .wit lU days of the submission to the department of any
39 correction to :the :application, or within 10 days of the
44 submission to the department of any fee required
96
II ..,.... .... ^:.. ...n•:zvsr..ccsv,;;.xxxx::utaew+:.w e. ...ti, ... - - ... ..sue:.ea:�•a:+:xe«eeiSia -..d 'x4r'•em::�Sr;%+..tu.u.'+..;:t..i:::
AB 1124 — 14 —
pursuant:
14 --
pursuant: to.subdivision (e) of Section 12076, whichever
2 is:later.
3 {2): Unless unloaded . .,.and.: securely wrapped or
4: unloaded.and in a locked container.
} 5 (3} Lrnless the purchaser; transferee, or person:being
6,*. ..loaned the firearm presents clear evidence-of.his..or her
7 identity and ago.,:. as; defined in Seet on 12011, to the
8 : _
ealer. r
9 (4} Whenever the dealer ` is notified by' the
. ,
partment of Justiee that;the person zs in a pro ub ted
11 class described �n Section .21.:or 12021 sof#Itis`code or :
12 kSecton$100 or X103 Eof the ielfare and Institutions Code.'
1 5 Co. g p ' 1994, no pistol +revolver,
nunyncin : 1, Jz
14other. firearm capable; of: being concealed l upon -the t:. ,
15 person shall ' be delivered unless , :the purchaser,
l 6 transferee, or-person- being loanod:therearm presents
17 to the clealer a basic firearms safety.certificate.
18 (f) j Cammeneing July 11998, a.dealer shall provide
19 the urchaser or transferee of:a firearm,or -on beiri
20 loaned a firearm a firi er.:lock-or.sirn.ilar device deli ed
gg
21 ,for that firearm The tirigger Lock or suuilar device shall : ..
22 be designed to prevent t} a unity entlonal discharge of the
23rearrn The provisions of par4grAP- Mh.
ll xnct:apply
24 to any purchaser, transferee, or of her ;persons beuig =-�
25 loaned a_relic,::curio., ,memorabilia, ar: display firearm.
26 (d} Where neither party to-:the transaction holds :a
27 dealer' acense issued .pursuant to Section' 12071, ahe
28 parties to;the transaction shall complete the sale,loan, or
,t•0. 4 -
, 29
ansfer of that rearm throe h ether of the :follow�n .
g g
>, ;
:30
{1 A licensed dealer pursuant to Sed#aoh 12082
31 2 A law enforcement a enc h.irsuant. to Section
g Y P. -
'32-`.:`,-12084
33 ( } No person may coconut ari act of collusion relating �.
34 to Article,8 (co mmencing.wth.Section 12800} of Chapter ��'
,35 6. For p . oses of this se'ction`and Section 12071, collusion
36 may be proven by :any:one of the following factors:
;37 A►nswern a test. app hcarit's uestions durin an
(h) g q g
38 objective;.testrelating to.basic-.firearms safety:
39 {2)
knowingly_grading the examination falsely =.
96
- 15 — AB 1124
1 (3) Providing an advance copy of the test to an
2 applicant.
3 (4) Taking orallowing another person totake the basic- .
4 frearmsaafety course one who is the applicant for the
5basic firearms. safety certificate.
6 (5) Allowing another to take the objective test for'the
-7 applicant, purchaser, or transferee.
8 6 Allowin others to give unauthorized assistance
L O g
9 during the examination..
k . 10 (7) Reference to materials during the examination
11 and cheating by the applicant
Providing originals or photocopies of the objective
' r .13 test,__or an version thereof o''an erson other fi an as
Y Yp
14
spec ec fled in subdivision of Secto`n':12805
p (�
15 (f) 'No person who.is licensed-pursuant to`Chapter 44
1`6 (commencing with Section:921) of Title 18 of the United
17 States Code shah.lde4ver,.:sell, or transfer:a rearm'to"a
18 :: person who. is licensed pursuant to Chapter 44
19 commencin with Section'921 of Title 18 of the United
g;
20 .States Code and whose licensed :premises are located in
21 '.this state;upless'one of the following'conditions is.met: .
22 (1) The person presents proof of licensure 1DUrsuAht to
"23" Section Y2M. to that person:
�.
24 (2) The person presents proof that he or she is exempt
25 from_ licensure under `Section :12071'`to thatperson, in
26 ,which case the
person also shall presen t''proof that the
27 transaction isalso exerript from the provisions ` of
28 subdivision (d)
29 (g) (1) „.Except as provided in. agraph (2) or.(3), a
3. ,violation• of this section is a`misdemeanor:
31 (2) If any of -the following circumstances: apply, a
32 violation:of this section is unshable b un kis oninent in
Y p
33 the state nson for wo three; or four years
p
34 (A) If the violation is of paragraph: (l j .ofsubdivision
If the defendant has a prior conviction of violating
37
this section or:former Section T2100 of-this.code or Section .
38 ;8101 :6f the Welfare and Institutions Gode.`
39 C ` If the defendant has a”
( ) prior conviction of violating
:. 40 any offense specified m subdivision (b) of Section 12021.1
96
. ���.0..__1iii,i.'•.�. 'aN•ro�'idi' . s.:' "",.'• + .S�:�w:-�..-. - >. ..,,_ .. rti._....._ __..... _... ... ... . ....
AB
1 or Of a violation of Section 12020; 12220; or 12520, or of
2 ;former.Section..12560. :,
3 D 1 If thedefendant is in:a prohibited class described
( ).
4
MS
ection:1 :6r:-12021A of;tlus code or.'Section 8100 or
5 .':8103 of the 'W`elfare and Institutions Code.
A vioM' n of this section by a person who actively
7 participates in ,a "criminal street gang" as defined in
:. :8 Section 186.22 ; • . .
9 :(F)_ A violation :of subdivision (b) uivolvmg., the
10 r delivery of any l"irea m to a-persoqwho he dealer. , ows,
5 t 11 or should know? is a minor
2 ,(3) `If„ any of the following circumstances apply, a
"`13 K �nolaton of , thissection shall be puiushed by
14 imprisonment m a county jail not excee, We-yearor
-15 ixiahe'stat&prison,or by:a fine not:to exceed:one thousand
i ,dollars ($1;000); or by;bo h the
16 a and unprsonment.
L7 (A)"< A viola on of paragraph. (2) o f,subdivision
1& ;_(B) ;A violation:of.:paragraph:. (3) :off.subdivision (a)
19 involving.the sale,loan; or transfer of a.pistol,revolver, or .
20 other hrearxn :capable :of 'bemg concealed :upon: the .
.- 21 a .".
p rson to a manor
22 .(C) .:A violation of paragraph (4) of:subdivision
23 (Dj: A violation oti.paragraph. (5.) of subdivision
24 (E} "A :violation :of ;subdivision (b} involving' the
25 delivery of:a pistol;`revolver, or other firearm capable of
,26 bem concealed.u on the: erson.
27 (F) A violation of paragraph or (5)- of
28 subdivision. (c) mvoivirig a <pistol, revolver `or other
29 fiirearm capable of being concealed upon the persona
30 >>
" .4, on of subdivision;;(d) invovan a stol;
g P
31 revolver, or other firearm capable of being concealed
32 upon the person.
33 (f3) A violation of s1} divis10n (e)
34 (4) If both of the following circumstances'apply, an
35 additional termof irnprisonrrient m the state prison f or
} 36 one, two, or three years shall be unposed iii adclition and
37 consecutive to ahe sentence ib
prescred
38 (A) A violation of paragraph<(2) of subdivision :(�a) or
39 subdivision (b)
96
AB 1124.
of0 1 (B) The firearm transferred in violation of paragraph
2 (2) of subdivision (a) or subdivision (b) is used in. the
)ed 3 subsequent commission o.f a_felony for which a,conviction
or 4 is Wile. and the prescribed sentence :is unposed, ,
5 SEC 3:_ Section 12080 of the Penal Code:is.amended `
ely 6 to read
7 The Department-of Justice.shall prepare a
8 am
etwhich.summarizes California .r
- p p ari -fire laws as
the 9 they. pertauz�:to persons other: than law :enforcement
ws '10 officers or mempers of ahe:armed services
11 (b) Tl e pamphlet hall cI de.the:following matters
•, a 12 (L): L wfu s ossess:
y 13 r Of 'censrig procedures<
or 14 (3) 'ranspprtaton and §&,6ffire , r
ind „15 r (4) Acquis tlon of h 'h g.licenses
lt. 16
(5) The safe handling and use of firearms.
• .. 17 (6) Various methods ofaafe.stbrage sand child proofing
(a) '18 of firearms
' or 19 (7) The ava�labihty of firearms safety programs and
the
20 . devices
21 (8) Theresponsu es of fi- 0
rearms ownership
22 (9) The operation of various.types of.. firearms:"
23 (10) ;The awful use of°deadlY force
the 3 24 (11) The penalties for unlawful:storage of firearms
of 25 (12) The most 'recent statistics for firearms used in
26 : suicide:arid accidental shootings in;this state.
A 27 (cj. The departrnent`shall offer copies of the pamphlet
her r 28 at actual cost to firearms dealers licensed pursuant to
29
;Section 120' 1:wha;:shall have copies of the most current:
tol;
30 version available: for'`: sale . to retail `purchasers or
led 31 transferees of`firearrns The costof the pamphlet, if any,
r} 32 may be added to:the .sale :price of the firearm `Other
33 interested partes may.pu•rebase copies directly from the
t 34 Department :of General Services ThE .pamphlet shall
1 ,
for 35 declare that.it �s merely intended to'provide a,general
and 36 `: urrimary- 4. .:laws� applicable. to :firearms .and is not
37 . designed to :provide individual guidance for- spec
q
' or 38 areas Individuals;` having: specific' questions shall :be
39 directed o contact their local law enforcement agency or
j
' 40t se
counsel
ss ss.
.... IStSatszis`:...'ii ' '-. ::.:-.... :-:>>1'+lilSfBto-u..::.wc::.ii , •+vur.}i2:ihil•�+Sa]MS,awn..:iL..."v v.d.•:;ii. _S 3.�+-•---��r f:i Ui. ..
i
AB 1124
1 (d) The Department of Justice .or any.. other public
2 -entity shall be immune from,any liability arising from.the
3 drafting,publication,or disseminatio''of the am hl or
P P
�. 4 any reliance upon-it. All receipts from the;sale of these
5 'pamphlets shall:be deposited as reimbursements to the
6 support.appropriation for -the"Department of Justice.
AAfty
7 .SEC. 4: No ,reimbursement is required by this
act :,
8 pursuant to..Section 6 of Article XIII'B of the:California
i '
Constitution because the only costs that;may be.incurred
10 by a local agency or -school district °will .be :incurred
11 because this aet creates a new Grum .or ufraction,
12 eliminates a crone or infraction, or changes the penalty
13. for a crone or infraction, within:the;meaning of:section
14 47556i f the . vernment Code, or
of the.definition.
15- - of a crime within :the meaning of Section 6 :of Article
16 XIII:,B.:'Of the California,Constitution
17: Notwitli'standing .Section 17580 of the <Goverrirnent
18 Code2 ii loss;otherwise specified,the provisions of this act
19 shallbecome operative on the same .date that the act
i 20 takes effect;pursuant to the California Constitution.; f
I
! 1. ... ... .. .. ...' • .. ''.
O
96
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46 d
AMENDED IN SENATE MAY 19, 1997
SENATE BILL No. 643
Introduced by Senator Polanco
February 25, 1997
An act to amend Section 53071 of the Government Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 643, as amended, Polanco. Firearms: local regulation.
Existing law declares the intent of the Legislature to occupy
the whole field of regulation of the registration or licensing of
commercially manufactured firearms as encompassed by the
provisions of the Penal Code, and that these provisions shall
be exclusive of all local regulations, relating to registration or
licensing of commercially manufactured firearms, by any
political subdivision.
This bill would provide that notwithstanding the above
provision or any other law,any city,county,or city and county
may enact an ordinance that is more restrictive than state law
with regard to the regulation of firearms or ammunition.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.•
1 SECTION 1. Section 53071 of the Government Code
2 is amended to read:
3 53071. (a) It is the intention of the Legislature. to
4 occupy the whole field of regulation of the registration or
98
....,,,:... . .•._c•.:;:_r_-_vszc.-�---—_-�"�`-°F�c�st:.w�: -•" •.,.� ���wtik`s>,.;�i`.a�S:.�� . . . .__`_ _ ..
SB 643 — 2 -
1
2 -
1 licensing of commercially manufactured firearms as
2 encompassed by the provisions of the Penal Code, and
3 these provisions shall be exclusive 'of all local regulations,
4 relating to registration or licensing of commercially
5 manufactured firearms, by any political subdivision as
6 defined in Section 1721 of the Labor Code.
7 (b) Notwithstanding subdivision (a) or any other law,
8 any city, county, or city and county may enact an
9 ordinance that is more restrictive than state law with
10 regard to the regulation of firearms or ammunition.
11 SEC 2. Itis the intent of the Legislature in enacting
12 this act to ensure that local governments retain the
13 authority to enact more restrictive local law than state
14 law with regard to firearms and firearm ammunition.
NO
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98
J P
Request to Speak Form
( THREE (3) MINUTE LIMIT) �37
Complete this form and place It in the box near the speakers' rostrum
before addressing the Board.
Name: �I L,L_ M A&6-10 9 A rhone: 91—7 S7q
(Address: ` v I- 4 FA YE T�,E
1 am speaking for myself=or organization:
*MOe of orzantidioN /
DiEac ONE: s
_. 1 wish to speak on Agenda Item # �_.._. Date: � L) *- q1
My comments will be: a eral _for._agair�st,_.
1 wish to speak on the subject -
.
1 do not wish to speak but leave these comments for the Board
to consider:
SPEAKERS
I . Deposit the "Request to Speak" form (on the reverse
side) in the box next to the speaker' s microphone
before your agenda item is to be considered.
2 . You will be called on to make your presentation.
Please speak into the microphone at the podium.
3 . Begin by stating your name and address and whether
you are speaking for yourself or as the
representative of an organization.
4 . Give the Clerk a copy of your presentation or
support documentation if available before speaking. '
S . .Limit your presentation` to three minutes . avoid
repeating comments made by previous speakers . (The
Chair may limit length of presentations so all
persons may be heard) .
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