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HomeMy WebLinkAboutMINUTES - 06032008 - C.42 rA` Contra TO: BOARD OF SUPERVISORS �`��� -�=��' •,i .77 FROM: JOHN CULLEN, o; ,; _ I; Costa County Administrator ; ` County co�ry DATE: June 3, 2008 SUBJECT: SUPPORT POSITION on AB 2235 (DeSaulnier): Owner Authorized Handguns SPECIFIC REQUES r(S)OR RI:COMiMENDATION(S)K BACKGROUND AND JUSTIFICATION RECOMMENDATION SUPPORT Assembly Bill 2235 (DeSaulnier), a bill that requires any pistol or handgun that is not an "owner-authorized" handgun to( be placed on the unsafe handgun list to commence 18 months following the release of a report by the Attorney General to the Legislature and the Governor reporting that "owner authorized" handguns are available for retail sale, as recommended by Supervisor John Gioia. FISCAL IMPACT: No fiscal impact on Contra Costa County. BACKGROUND: According to the author, "AB 2235 would require all newly manufactured or imported handguns in California to be owner-authorized, or personalized in a way that would allow them to be fired only by authorized persons. This requirement: will take effect eighteen months following the release of a report by the California Attorney General (AG) that owner-authorized handguns are available for retail sale either in this county or abroad. "Owner-authorized handguns will help to prevent both unintentional and intentional gun violence. Injuries, homicides, suicides, and accidental shootings could be significantly reduced in California. The illegal transfer of firearms could also,be reduced. AB 2235 would require that a permanent programmable biometric feature be part of the gun's original design and manufacture that renders the handgun incapable of being fired except when activated by the lawful owner or other authorized user, and cannot be readily deactivated. "Biometric technology provides a method for uniquely recognizing persons based upon one or more intrinsic physical traits. Biometric technologies, such as fingerprint or grip recognition, are already widely used in other applications and consumer products, including computers, cell phones, credit cards and door locks. New Jersey has a related handgun personalization law. CONTINUED ON ATTACHMENT x YES SIGNA,rURE: �. RECOMMENDATION 01;COUNTY ADM INIS'T•RA•I.OR RI ' ,IMT NDATION OP BOARD COMM T'E APPROVE: OTHER SIGNATURE(S): ACTION OI"BOARD ON APPROVED AS RLCOMME'.NDL'D _ OT •R VOTE 01;SUI'I::RVISORS I HEREBY CI:KFIFY THAT THIS IS A'rRl_IE AND C'ORRI::CT COPY 01: AN AC'T'ION TAKEN AND FNIERED ON MINUTES OF T EIU: BOARD 01'SUPERVISORS ON TFIF DA'Z'E SI TOWN. U\'ANI\•1OUS(ABSENT nV(rn� ) AYES: NOIS: _ ABSENT: ABSTAIN: Contact: T,. DeLanev 5-1097 cel A rTES'I ED z e,,y e— T..DeLanev,CAO's Office JOIN CULL F.N.CLERK OP I•TIF BOARD OI;SI.JPI:RVISORS Supervisor john Gioia's office BY: DEPUTY AB 2235 (Owner Authorized Handguns)—p. 2 June 3, 2008 "An owner-authorized handgun could not be fired by a child or teen unless authorized by the parent or legal guardian, thereby establishing some parental control over the weapon. This would help prevent young people from accidentally shooting themselves and others, or committing suicide or homicide with handguns. Most parents would say that they keep their firearms locked away from their children, but all too often kids find the gun and tragedy follows. In February an:Oxnard junior high school student used his grandfather's gun to shoot a classmate in the head. Although peace officers are exempt from this bill, they could choose to use an owner-authorized firearm as a personal weapon or as their service weapon. "According to the California Department of Public Health, in 2005, 595 California children and youth under age 21 were killed with firearms and 1,554 California children and youth underage 21 were hospitalized with nonfatal firearms injuries. One report states that one-third of U.S. children live in homes with firearms. Almost half of homes with children and firearms keep a gun unlocked. "According to the Center for Disease Control, suicide is the fourth leading cause of death of children and teens; over 43% are committed with firearms. Despondent teens, or other depressed individuals who are not authorized users, would be unable to commit suicide with a personalized handgun. "Owner authorized handguns acquired through gun traffickers, straw purchasers, theft and other illegal transactions would be inoperable by criminals and other.persons to whom they are transferred. Studies have shown that illegally obtained guns are often used in crime. A stolen gun would not be able to be used by a criminal unless it was reprogrammed to recognize the new user. Under AB 2235, intentionally tampering with the owner-authorized technology would be punishable by a misdemeanor." Opponents, various gun groups, contend costs could limit gun ownership. Opponents also question the author's contention that the technology is imminent and/or effective. According to the National Rifle Association, "FBI statistics show that law enforcement officers in the United States have been killed by criminals who wrestled their duty firearms away and then shoot them or other officers. To decrease the chances of officers being feloniously shot with their own guns in the future, the National Institute of Justice (NIJ) funded a 'Smart Gun Technology Project" in 1994. The so-called 'Smart Gun Technology' was concerned with developing technology for use by law enforcement officers. Gun control advocates, however, see 'smart''gun technology as a way to force the price of guns beyond the budgets of many Americans. Indeed, Colt's Manufacturing Company, which received $500,000 from the NIJ and spent millions of its own money to develop 'smart' gun prototype, estimates the technology would add $300 to $400 to the price of a gun." Specifically, AB 2235 does the following: 1) Defines an "owner-authorized handgun" as a handgun with a permanent programmable biometric feature as part of its manufacture that renders the handgun incapable of being fired except when activated by the lawful owner or other authorized users, and that cannot be readily deactivated. 2) Requires that the AG, beginning July 1, 2009, and every July thereafter through 2014, to submit a written report to the governor and the Legislature summarizing the current availability of owner- authorized handguns, as specified. Each report must state whether owner-authorized handguns are available for retail sale, and what progress, if any, has been made in the development of that technology since the previous report. 3) Specifies that owner-authorized handguns shall be deemed available for retail sale when at least one domestic or foreign manufacturer has developed and offered for sale in any state or country at least one production model of an owner-authorized handgun. 4) Once the AG determines owner-authorized handguns are available for retail sale, the Department of Justice (DOJ) shall adopt regulations to implement adding smart guns to the unsafe handgun list, as specified, including recommendations for statutory changes. 5) Eighteen months after the AG reports that owner-authorized handguns are available for retail sale, any person who intentionally disables or circumvents the owner-authorized handgun technology of an owner-authorized handgun is guilty of a misdemeanor. AB 2235 (DeSaulnier) Owner-Authorized Handguns Support American Academy of Pediatrics Beth Shir Sholom Brady Campaign to Prevent Gun Violence, California Chapters Brady Campaign to Prevent Gun Violence, Contra Costa Chapter Brady Campaign to Prevent.Gun Violence, Long Beach Chapter Brady Campaign to Prevent Gun Violence, Los Angeles Chapter Brady Campaign to Prevent Gun Violence,Nevada County Chapter Brady Campaign to Prevent Gun Violence, Oaklan&Alameda County Chapter Brady Campaign to Prevent Gun Violence, Orange County Chapter Brady Campaign to Prevent Gun Violence, Sacramento Valley Chapter Brady Campaign to Prevent Gun Violence, San Fernando Valley Chapter Brady Campaign to.Prevent Gun Violence, San Francisco Chapter Brady Campaign to Prevent Gun Violence, Solano County Chapter Brady Campaign to Prevent Gun Violence, Sonoma County Chapter Brady Campaign to Prevent Gun Violence, Ventura County Chapter Brady Campaign to Prevent Gun Violence, West Contra Costa Chapter California Chapter of the American College of Emergency Physicians California Federation of Teachers Chief Ken James, Emeryville Police Department Chief James Hyde, Antioch Police Department Christ the King Church City of Los Angeles City of Oakland City of West Hollywood Coalition Against Gun Violence,.Santa Barbara County Gray Panthers California Health Officers Association of California Legal. Community Against Gun Violence Orange County Citizens for the Prevention of Gun Violence Physicians for Social Responsibility, Sacramento Chapter Sheriff Lee Baca, Los Angeles County Violence Prevention Coalition of Orange County 4 private citizens OpUoSlt1011 California Association of Firearrns Retailers California Houndsmen for Conservation California Rifle and Pistol Association California Sportsman's Lobby Crossroads of the West Gun Shows Updated 05/28/2008 Gun Owners of California National Rifle Association National Shooting Sports Foundation Outdoor Sportsmen's Coalition of California Safari Club International Foundation 1 private citizen Updated 05/28/2005 tea' AMENDED IN ASSEMBLY MAY 23, 2008 AMENDED IN ASSEMBLY APRIL 9, 2008 AMENDED IN ASSEMBLY APRIL 2, 2008 CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION ASSEMBLY BILL No. 2235 Introduced by Assembly Member DeSaulnier (Coauthor:Assembly Member Ferre►) (Coauthor Senator Scott) February 20, 2008 An act to amend Sections 12126 and 12132 of, and to add Sections 12134 and 12135 to, the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 2235, as amended, DeSaulnier. Firearms: owner-authorized handguns. Existil..ig law establishes criteria for determining if a handgun is unsafe. Existing law generally requires manufacturers to submit samples of new handgun models for testing to determine if they are unsafe or may be approved for sale, as specified. ether provisions of existing law, subject to exceptions, generally make it an offense to manufacture or sell a handgun that is not safe. This bill would provide that conlrnencing 18 months following the Attorney General's reporting that owner-authorized handguns are available for retail sale, as specified, a handgun would be unsafe if it was not owner-authorized,as defined,and would provide an exception to these provisions for. the sale, loan, or transfer of handguns manufactured in or imported into this country prior to that date, as specified. The bill would s.)ecify requirements that oi4wer-authorized 96 AB 2235 —2-- handguns would be required to ineet in of der for the Attorney General to determine that owner-authorized handguns are available for retail sale, and in order to comply with certain safety standards, as specified. The brill would require the Attorney General, commencing July 1, 2009,and every July 1 thereafter through 2014,to report to the Governor and the Legislature regarding the progress made on the availability for retail sale of owner-authorized handguns, as specified. The bill would also require the Attorney General, upon determining that owner-authorized handguns are available for retail sale, toadopt regula issue a report, within 6 months of that determination, p7pposing statutory changes needed to implement certain requirements related to owner-authorized handguns, as specified. By expanding the application of provisions of law that define a criminal offense,this bill would impose a state-mandated local program. The brill would also provide that, commencing 18 months following the Attorney General's reporting that owner-authorized handguns are available for retail sale, as specified, any person who intentiOrIally disables or circumvents the owner-authorized handgun technology of an owner-authorized handgun is guilty of a misdemeanor. By creating a new crime, this bill. would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reinlbursem..ent 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. Section 12126 of the Penal Code is amended to 2 read: 3 12126. As used in this chapter, "unsafe handgun" means any 4 pistol, revolver, or other firearm capable of bc1ng concealed upon 5 the person, as defined in subdivision (a) of Section. 12001, for 6 which any of the following is true: 7 (a) For a revolver: 96 -3— AB 2235 1 (1) It does not have a safety device that,either automatically in 2 the case of a double-action firing mechanism, or by manual 3 operation in the case of a single-action firing mechanism, causes 4 the hammer to retract to a point where the firing pin does not rest 5 upon the primer of the cartridge. 6 (2) It does not meet the firing requirement for handguns pursuant 7 to Section 12127. 8 (3) It does not meet the drop safety requirement for handguns 9 pursuant to Section 12128. 10 (4) Commencing 18 months following the release of a report 11 by the Attorney General to the Legislature and the Governor 12 reporting that owner-authorized.handguns are available for retail 13 sale, pursuant to Section 12134. it is not an owner-authorized 14 handgun, provided, however, that this paragraph shall not apply 15 to the sale, loan, or transfer of a revolver manufactured in or 16 imported into this eottntfy state prior to that date. 17 (b) For a pistol: 18 (1) It does not have.a positive manually operated safety device, 19 as determined by standards relating to imported guns promulgated 20 by the federal Bureau of Alcohol, Tobacco, and Firearms. 21 (2) It does not meet the firing requirement for handguns pursuant 22 to Section. 12127. 23 (3) It does not meet the drop safety requirement for handguns 24 . pursuant to Section 12128. 25 (4) Commencing January 1, 2006, for a center fire 26 semiautomatic pistol that is not already listed on the roster pursuant 27 to Section 121.3 1,it does not have either a chamber load indicator, 28 or a magazine disconnect mechanism. 29 (5) Commencing January 1, 2007, for all center fire 30 semiautomatic pistols that are not already listed on the roster 31 pursuant to Section 12131, it does not have both a chamber load 32 indicator and if it has a detachable magazine, a magazine 33 disconnect mechanism. 34 ((j) Commencing January 1,2006,for all rimfire semiautomatic 35 pistols that are not already listed.on the roster pursuant to Section 36 1.2131, it docs not have a magazine disconnect mechanism, if it 37 has a detachable magazine. 38 (7) Commencing January 1,2010,for all semiautomatic pistols 39 that:are not already listed on the roster pursuant to Section 12131, 40 . it is not designed and equipped with a microscopic array of 96 AB 2235 —4— I 4-1 characters that identify the make,model, and serial number of the 2 pistol, etched or otherwise imprinted in two or more places on the 3 interior surface or internal working parts of the pistol, and that are 4 transferred by imprinting on each cartridge case when the firearm 5 is fired, provided that the Department of Justice certifies that the 6 technology used to create the imprint is available to more than one 7 manufacturer unencumbered by any patent restrictions. The 8 Attorney General may also approve a method of equal or greater 9 reliability and effectiveness in identifying the specific serial number 10 of a firearm from spent cartridge casings discharged by that firearm 11 than that which is set forth in this paragraph, to be thereafter 12 required as otherwise set forth by this paragraph where the Attorney 13 General certifies that this new method is also unencumbered by 14 any patent restrictions. Approval by the Attorney General shall 15 include notice of that fact via regulations adopted by the Attorney 16 General for purposes of implementing that method for purposes 17 of this paragraph.The microscopic array of characters required by 18 this section shall not be considered the name of the maker,model, 19 manufacturer's number, or other mark of identification, including „ 20 any distinguishing number or mark assigned by the Department 21 of Justice, within the meaning of Sections 12090 and 12094. 22 (8) Commencing 18 months following the release of a report 23 by the Attorney General to the Legislature and the Governor 24 reporting that owner-authorized handguns are available for retail 25 sale, pursuant to Section 12134, it is not an owner-authorized 26 handgun, provided, however, that this paragraph shall not apply 27 to the sale, loan,or transfer of a pistol manufactured in or imported 28 into this eottjitry state prior to that date. 29 (c) In addition to complying with the pr•ovi.sioizs'of,Szlbdiviyioi}s 30 (a)and(b),as applicable, olvner=authorized handguns shall comply 31 . with the following performance standards: 32 (1) The firearm shall not fail to recognize the authorized user; 33 and shall riot falsely recognize an unauthorized user more than. 34 one time per thousand recognition attempts. 35 (?) The time from first contact to use recognition crud firearrn 36 enablement shall be no more than 0..5 seconds. 37 (3) The time f orn loss of contact tii-ith the authorized uses- to 38 firearm disablement shall be no more than 0.5 seconds. 39 (4) When the firearm is enabled, the "ready" condition shall 40 be indicated by a visible indicator. 96 —5-- AB 2235 1 (i) If the firearm is batter)) operated, the firearrn shall be 2 equipped with a "low power" indicator that emits an audible 3 signal. 4 (ti) If the authorized user is not recognized, or- if the power 5 supply fails, the firearm shall be, inoperable. 6 (7) Enabling authorized user information shall be stored in the 7 firearrn as permanent memory that is restored when power is 8 restored. 9 (8) .The firearm shall be capable of use by rrrore than one 10 aut,izor•ized user and, if the firearrn uses hand recognition 11 technoloD,, it shall recognize either of the authorized user's hands. 12 (e) 1.3 (d) As used in this section, a "chamber load indicator" .means 14 a device that plainly indicates that a cartridge is in the firing 15 chamber. A device satisfies this definition if it is readily visible, 16 has incorporated or adjacent explanatory text or graphics,or both, 17 and is designed and intended to indicate to a reasonably foreseeable 18 adult user of the pistol, without requiring the user to refer to a 19 user's manual or any other resource other than the pistol itself, 20 whether a cartridge is in the firing chamber. 21 04) 22 (e) As used in this section,a"magazine disconnect mechanism' 23 means a mechanism that prevents a semiautomatic pistol that has 24 a detachable magazine from operating to strike the primer of 25 ammunition in the firing chamber when a detachable magazine is 26 not inserted in the semiautomatic pistol.. 27 (e) 28 (f) As used in this section, a. "semiautomatic pistol" means a 29 pistol,as defined in subdivision(a)of Section 1200 1.,the operating 30 mode of which uses the energy of the explosive in a fixed cartridge 31 to extract a fired cartridge and chamber a fresh cartridge with each 32 single pull of the trigger. 33 ff) 34 (5T) As used in this section., an "owner-authorized handgun" 35 means a handgun that has a permanent programmable biometric 36 or other feature as part of its original manufacture that renders the 37 handgun incapable of being fired except when activated by the 38 lawful owner or other at iz-,4 users authorized by the lalaful 39 owner-,and that cammot be readily deactivated.An owner-azrthorized 40 handgun shall be programmed by a licensed dealer: 96 AB 2235 1 SEC. 2. Section 12132 of the Penal Code is amended to read: 2 12.132. This chapter shall not apply to any of the following: 3 • (a) The sale,loan,or transfer of any firearm pursuant to Section 4 12082 in order to comply with subdivision(d) of Section 12072. 5 (b) The sale,loan,or transfer of any firearm that is exempt from 6 the provisions of subdivision(d)of Section 1.2072 pursuant to any 7 applicable exemption contained in Section 12078,if the sale,loan, 8 or transfer complies with the requirements of that applicable 9 exemption to subdivision (d) of Section 12072. 10 (c) The sale, loan, or transfer of any firearm as described in 11 paragraph (3) of subdivision(b) of Section 12125. 12 (d) The delivery of a pistol, revolver, or other firearm capable 13 of being concealed upon the person to a person licensed pursuant 14 to Section 1.2071 for the purposes of the service or repair of that 15 firearm. 16 (e) The return of a pistol, revolver, or other firearm capable of 17 beim;concealed upon the person by a person licensed pursuant to 18 Section 12071 to its owner where that .firearm was initially 19 delivered in the circumstances set forth in subdivision (a), (d), (f) 20 or (j). 21 (f) The delivery of a pistol, revolver, or other firearm capable 22 of being concealed upon the person to a person licensed pursuant 23 to Section 12071 for the purpose of a consignment sale or as , 24 collateral.for a pawnbroker loan.- 25 (g) The sale, loan, or transfer of any pistol, revolver, or other 26 firearm capable of being concealed upon the person. listed as a 27 curio or relic, as dcfin.ed in Section 178.11 of the Code of Federal 28 Regulations. 29 (h) (1) .The Legislature finds a significant public purpose in 30 exempting pistols that are designed expressly for use in Olympic 31 target shooting events.Therefore,those pistols that are sanctioned 32 by the International Olympic Committee and by USA Shooting, 33 the national governing body for international shooting competition 34 in the United States, and that are used for Olympic target shooting 35 purposes at the time that the act adding this subdivision is enacted, 36 and that fall within the definition of"unsafe handgun" pursuant 37 to paragraph(3) or (8) of subdivision (b) of Section 12126 shalt 38 be exempt, as provided In paragraphs (2) and(3). 96 L� AB 2235 1 (2) This chapter shall not apply to any of the following pistols, 2 because they are consistent with the significant public purpose 3 expressed in paragraph (1): 4 5 MANUFACTURER MODEL CALIBER 6 A1,1SCHUTZ FP ..22LR 7 BFNELLI MP90 .22LR 8 BFNELLI MP90 .32 S&W LONG 9 BFNELLI M.P95 .22LR 10 BENELLI MP95 .32 S&W LONG 1.1 DRULOV FP .22LR 12 GREEN ELECTROARM .22LR 13 HAMMERLI 100 .22LR. 14 HAMMERLI 101 .22LR 15 IAMMERLI 102 .22LR 16 HA-MMER1.1 162 .22LR 17 HAMMERLI 280 .22LR 18 HAMMERLI 280 .32 S&W LONG 19 IAMMERLI FP10 .22LR 20 HAMMERLI MP33 .22LR 21 HAMMERLI SP20 .221,R 22 HAMMERLI SP20 .32 S&W LONG 23 MORINI CM102E .22LR 24 MORINI 22M .22LR 25 MORINI 32M .32 S&W LONG 26 MORINI CM80 .22LR 27 PA.RDINI G.P .22 SHORT 28 PA.RDINI GPO .22 SHORT 29 PARDINI GP-SCHUMAN-N .22 SHORT 30 PA.RDINI HP .32 S&W LONG 31 PAADINI K22 .22LR 32 PA.RDINI MP .32 S&W LONG 33 PA.R.DINI PGP75 .22LR 34 PA.RDINI SP .221,R 35 PA.RDI.NI SPE .22LR 36 SAKO FINMASTER .22LR 37 STEYR FP .22LR 38 VOSTOK IZII NO. 1 .22LR 39 VOSTOK MU55 .22LR 40 VOSTOK TOZ35 .22LR 96 AB 223: —8 — 1 W.ALTHER FP .22LR 2 W.ALTHER GSP .22LR 3 W.ALTHL'•R GSP .32 S&W LONG 4 W.ALTHER OSP .22 SHORT 5 W.ALTHER OSP-2000 .22 SHORT 6 7 (3) The department shall create a program that is consistent with 8 the purpose stated in paragraph (1) to exempt new models of 9 competitive firearms from this chapter. The exempt competitive 10 firearms may be based on recommendations by USA Shooting 11 consistent with the regulations contained in the USA Shooting 12 011icia1 Rules or may be based on the recommendation. or rules 13 of any other organization that the department deems relevant. 14 (i) The sale, loan, or transfer of any semiautomatic pistol that 15 is to be used solely as a prop during the course of a motion picture, 16 television,or video production by an authorized participant therein 17 in the course of making that production or event or by an authorized 18 employee or agent of the entity producing that production or event. 1.9 (1) The delivery of a pistol, revolver, or other firearm capable 20 of being concealed upon the person to a person licensed pursuant 21 to Section 12071 where the firearm is being loaned by the licensee 22 to a consultant-evaluator. 23 (k) The delivery of a pistol, revolver, or other firearm capable 24 of being concealed upon the person by a person l.i.censed pursuant 25 to Section 12071 where the firearm is being loaned by the licensee 26 to a consultant-evaluator. 27 (I) The return of a pistol, revolver, or other firearnl capable of 28 being concealed upon the person to a person licensed pursuant to 29 Section 1.2071 where it was initially delivered pursuant to 30 subdivision(k). 31. SEC. 3. Section 12134 is added to the Penal. Code, to react: 32 12134. (a) The Attorney General shall, commencing July 1, 33 2009, and every July 1 thereafter through 2014, submit a written 34 report to the Governor and the L.-gislature summarizing the current 35 availability of owner-authorized handguns, as defined in Section 36 12126. TheAttornep General shall continue to subunit i-eports until 37 he or she has reported that olvner-authorized halydguns are 38 available.for retail sale. 39 (1) Each report shall state whether owner-authorized handguns 40 are available for retail sale, and if not, what progress, if any, has 96 G �-off —9— AB 2235 1 been;Made in the development of that technology since the previous 2 report. 3 (2) Each report shall state what, if any, pressures exist within 4 the firearms industry to deliberately withhold owner-authorized 5 . hand;;uns from the market. 6 (3) The Attofney G eneral sha4 eontintie to stbmit feports ttiatil. 7 he-e 8 €or—fe ail sale. The Attorney General shall consult with law 9 enforcement agencies, firearms industry representatives, private 10 technology providers, the State Department of Public Health, the I 1 University of California, other higher learning institutions, and 12 other appropriate parties in making reports and recommendations 13 pursuant to this section. 14 (4) Each report shall explicitly state all sources consulted and 15 relied upon, including the names and affiliations of those sources, 16 and shall be made publicly accessible. 17 (5) Owner-authorized handguns shall be deemed available for 18 retail sale when at least one domestic or foreign manufacturer has 19 developed and offered for sale in any state or country at least one 20 production model of an owner-authorized handgun that the 21 Attor•ric,General has determined meets the performance standarclr 22 Set f)rth In si be vision (c) of Section 12126. 23 (b) Once the Attorney General has determined that 24 owner-authorized handeuns are available for retail sale, the 25 Attorney General shall�t•' a, within six months of 26 that determination, release a report proposing statutory changes 27 needed to impleinent paragraph(4)of subdivision(a)and paragraph 28 (8) of subdivision (b) of Section 12126. That report shall 29 specifically address the following issues: 30 (1) Where .the handgun is delivered by a person licensed 31 pursuant to Section 1.2071 after an application to purchase the 32 handgun is completed, the process by which the.licensee shall 33 program the owner-authorized handgun to recognize the lawful 34 owner. 35 (2) The ability of the authorized owner to loan his or her 36 owner=authorized handgun to otherpersons consistent with existing 37 state law, and the process by which that owner may do so. 38 (3) The process by which persons licensed pursuant to Section 39 12071 mayt-epr-ogram program the owner-authorized handgun to 40 recognize additional authorized users. 96 AB 2235 _10- 1 10-1 (4) The process by which additional authorized users are 2 identified as not being prohibited by Section 12021 or 12021.1 of 3 this, code or Section 8100 or 81.03 of the Welfare and Institutions 4 Code from acquiring or possessing a firearm.. 5 (5) The process by which the legal owner and additiofral 6 authorized uses are trained it? the safe use and storage of 7 owner-authorized handguns. 8 SEC. 4. Section 12135 is added to the Penal Code, to read: 9 1.2135. Commencing 18 months following the release of a 10 report by the Attorney General to the Legislature and the Governor 11 reporting that owner-authorized handguns are available for retail 12 sale;, pursuant to Section 12134, any person who intentionally 13 disables or circumvents the owner-authorized.handgun technology 14 of an owner-authorized handgun is guilty of a misdemeanor. 15 SEC. 5. No reimbursement is required by this act pursuant to 16 Section 6 of Article XIIIB of the California Constitution because 17 the only costs that may be incurred by a local agency or school 18 disixict will be incurred because this act creates a new crime or 19 infraction,eliminates a crime or infraction,or changes the penalty 20 for a crime or infraction, within the meaning of Section 17556 of 21 the Government Code,or changes the definition of a crime within 22 the meaning of Section 6 of Article XIII B of the California 23 Constitution. O 96