BILL NUMBER: AB 2508 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
AMENDED IN ASSEMBLY MARCH 14, 2016
INTRODUCED BY Assembly Member Mathis
(Coauthors: Assembly Members Travis Allen, Mayes, and Chávez)
FEBRUARY 19, 2016
An act to amend Sections 32025 and 32030 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2508, as amended, Mathis. Firearms: unsafe handguns.
(1) Existing law establishes various requirements governing unsafe
handguns, as defined. Among other things, existing law makes it a
crime, punishable by imprisonment in a county jail not exceeding one
year, to manufacture, import into the state for sale, keep for sale,
offer or expose for sale, give, or lend an unsafe handgun. Existing
law also requires handguns imported into the state for sale, kept for
sale, or offered or exposed for sale, to be tested, as specified, to
determine if they are unsafe. Existing law requires the Department
of Justice to maintain a roster listing the handguns that have been
tested and have been determined not to be unsafe. Existing law
specifies various exceptions from these requirements.
Existing law allows a handgun model that has been included in the
roster to be retested and allows the handgun model to be removed from
the roster if it fails retesting. Existing law allows a handgun
model removed from the roster for failing retesting to be reinstated
upon a petition to the Attorney General for reinstatement and
successful retesting, as specified.
This bill would allow a handgun model removed from the roster for
any reason other than its failure upon retesting to be reinstated to
the roster upon a petition to the Attorney General for reinstatement
and successful retesting, as specified. The bill would require that a
handgun model that is reinstated to the roster pursuant to these
provisions only meet the requirements for listing as of the date the
handgun model was originally submitted for testing.
(2) Under existing law, a firearm is deemed to meet the
requirements for being listed on the roster if a firearm made by the
same manufacturer is already listed on the roster and the unlisted
firearm differs from the listed firearm only with regard to certain
features, as specified.
This bill would revise the features in which the unlisted firearm
may differ from the listed firearm and provide that a firearm
may still be deemed to satisfy the requirements of being listed
on the roster, as specified, and require that the unlisted
firearm otherwise be internally functionally identical to the listed
firearm. The bill would additionally require a firearm to be deemed
to satisfy the requirements of being listed on the roster if a
manufacturer alters a listed firearm, as provided, and the changes
are, in the opinion of the manufacturer, necessary to improve the
safety or operation of the firearm. if the
manufacturer alters the firearm's manufacturing process, materials,
function, or components.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32025 of the Penal Code is amended to read:
32025. (a) A handgun model removed from the roster pursuant to
subdivision (d) of Section 32020 may be reinstated on the roster if
all of the following are met:
(1) The manufacturer petitions the Attorney General for
reinstatement of the handgun model.
(2) The manufacturer pays the Department of Justice for all of the
costs related to the reinstatement testing of the handgun model,
including the purchase price of the handguns, prior to reinstatement
testing.
(3) The reinstatement testing of the handguns shall be in
accordance with subdivisions (b) and (c) of Section 32020.
(4) The three handgun samples shall be tested only once for
reinstatement. If the sample fails, it may not be retested.
(5) If the handgun model successfully passes testing for
reinstatement, and if the manufacturer of the handgun is otherwise in
compliance with Sections 31900 to 32110, inclusive, the Attorney
General shall reinstate the handgun model on the roster maintained
pursuant to subdivision (a) of Section 32015.
(6) The manufacturer shall provide the Attorney General with the
complete testing history for the handgun model.
(7) Notwithstanding subdivision (a) of Section 32020, the Attorney
General may, at any time, further retest a handgun model that has
been reinstated to the roster.
(b) (1) A handgun model removed from the roster for any reason
other than those specified in subdivision (d) of Section 32020,
including, but not limited to, a failure to pay the annual fee
specified in Section 32015, may be reinstated on the roster if all of
the following are met:
(A) The manufacturer petitions the Attorney General for
reinstatement of the handgun model.
(B) The testing is conducted in the same manner as the testing
prescribed in Sections 31900 and 31905.
(C) The manufacturer provides the Attorney General with the
complete testing history of the handgun model.
(D) The manufacturer pays the department for all of the reasonable
costs related to the reinstatement testing of the handgun model,
including the purchase price of the handguns, prior to reinstatement
testing.
(2) A handgun model reinstated pursuant to this subdivision shall
only be required to meet the definitional requirements of Section
31910 to avoid being considered an "unsafe handgun" as of the date
the handgun model was originally submitted for testing before it was
removed from the roster.
(3) If the handgun successfully passes testing for reinstatement,
the Attorney General shall reinstate the handgun model on the roster
maintained pursuant to subdivision (a) of Section 32015.
SEC. 2. Section 32030 of the Penal Code is amended to read:
32030. (a) A firearm shall be deemed to satisfy the requirements
of subdivision (a) of Section 32015 if another firearm made by the
same manufacturer is already listed and the unlisted firearm differs
from the listed firearm only in dimension, barrel length, finish,
coating, grips, sights, magazine well opening, machining, contouring,
or any other nonsubstantive mechanical or cosmetic feature, but is
otherwise internally functionally identical to the listed firearm.
(b) A firearm shall be deemed to satisfy the requirements of
subdivision (a) of Section 32015 if the manufacturer alters a listed
firearm with a change or changes, including, but not limited
to, function, mechanical components, or materials, if the change or
changes are, in the opinion of the manufacturer, necessary to improve
the safety or operation of the firearm. Any change does not exempt
the firearm from the requirements of one or more
changes to the firearm's manufacturing process, materials, function,
or components. This section does not exempt the firearm from the
"drop safety requirement for handguns" and the "firing requirements
for handguns" in Sections 31900 and 31905.
31905, respectively.
(c) A manufacturer seeking to have a firearm listed on the roster
under this section shall provide to the Department of Justice all of
the following:
(1) The model designation of the listed firearm.
(2) The model designation of each firearm that the manufacturer
seeks to have listed under this section.
(3) A statement, under oath, that each unlisted firearm for which
listing is sought complies with the requirements of subdivision (a)
or subdivision (b), or both subdivisions (a) and (b), if applicable.
(d) The department may, in its discretion and at any time, require
a manufacturer to provide to the department any model for which
listing is sought under this section, to determine whether the model
complies with the requirements of this section.