BILL NUMBER: AB 352	AMENDED
      BILL TEXT

      AMENDED IN SENATE  JULY 5, 2005
      AMENDED IN ASSEMBLY  MAY 16, 2005

INTRODUCED BY   Assembly Member Koretz
   (Coauthors:  Assembly Members Klehs, Pavley, Ridley-Thomas, and Yee)

                        FEBRUARY 10, 2005

   An act to amend Sections 12126 and 12130 of the Penal Code,
relating to firearms.

	LEGISLATIVE COUNSEL'S DIGEST

   AB 352, as introduced, Koretz.   Firearms: microstamping.
   Existing law defines unsafe handguns as failing to pass certain
tests, or lacking certain features, as specified.
   This bill would, commencing January 1, 2009, 2007, expand the definition
of unsafe handgun to include semiautomatic pistols that are not
designed and equipped with a microscopic array of characters, that
identify the make, model, and serial number of the pistol, etched
into the interior surface or internal working parts of the pistol,
and which are transferred by imprinting on each cartridge case when
the firearm is fired.
   By expanding the definition of "unsafe handgun," the manufacture,
sale, and other specified transfer of which is a crime, this bill
would expand the scope of an existing crime, and thereby impose a
state-mandated local program.
   Existing law requires the submission of handguns by manufacturers
for determining if the handguns are unsafe, as specified.
   This bill would provide that, commencing on January 1, 2009, 2007, no
handgun may be submitted for that testing unless the handgun is
designed and equipped with a microscopic array of characters, that
identify the make, model, and serial number of the pistol, etched
into the interior surface or internal working parts of the pistol,
and which are transferred by imprinting on each cartridge case when
the firearm is fired.

  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:

  SECTION 1.  Section 12126 of the  Penal Code  is amended to read:
   12126.  As used in this chapter, "unsafe handgun" means any
pistol, revolver, or other firearm capable of being concealed upon
the person, as defined in subdivision (a) of Section 12001, for which
any of the following is true:(a) For a revolver:
   (1) It does not have a safety device that, either automatically in
the case of a double-action firing mechanism, or by manual operation
in the case of a single-action firing mechanism, causes the hammer
to retract to a point where the firing pin does not rest upon the
primer of the cartridge.
   (2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
   (3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
   (b) For a pistol:
   (1) It does not have a positive manually operated safety device,
as determined by standards relating to imported guns promulgated by
the federal Bureau of Alcohol, Tobacco, and Firearms.
   (2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
   (3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
   (4) Commencing January 1, 2006, for a center-fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
12131, it does not have either a chamber load indicator, or a
magazine disconnect mechanism.
   (5) Commencing January 1, 2007, for all center-fire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have both a chamber load indicator and if it has
a detachable magazine, a magazine disconnect mechanism.
   (6) Commencing January 1, 2006, for all rimfire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.  
   (7) Commencing January 1, 2009, 2007, for all semiautomatic pistols that
are not already listed on the roster pursuant to Section 12131, it
is not designed and equipped with a microscopic array of characters,
that identify the make, model, and serial number of the pistol,
etched into the interior surface or internal working parts of the
pistol, and which are transferred by imprinting on each cartridge
case when the firearm is fired.
   (c) As used in this section, a "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
   (d) As used in this section, a "magazine disconnect mechanism"
means a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
   (e) As used in this section, a "semiautomatic pistol" means a
pistol, as defined in subdivision (a) of Section 12001, the operating
mode of which uses the energy of the explosive in a fixed cartridge
to extract a fired cartridge and chamber a fresh cartridge with each
single pull of the trigger.
  SEC. 2.  Section 12130 of the  Penal Code  is amended to read:
   12130.  (a) Any pistol, revolver, or other firearm capable of
being concealed upon the person manufactured in this state, imported
into the state for sale, kept for sale, or offered or exposed for
sale, shall be tested within a reasonable period of time by an
independent laboratory certified pursuant to subdivision (b) to
determine whether that pistol, revolver, or other firearm capable of
being concealed upon the person meets or exceeds the standards
defined in Section 12126.
    (b) On or before October 1, 2000, the
Department of Justice shall certify laboratories to verify compliance
with the standards defined in Section 12126. The department may
charge any laboratory that is seeking certification to test any
pistol, revolver, or other firearm capable of being concealed upon
the person pursuant to this chapter a fee not exceeding the costs of
certification.
   (c) The certified testing laboratory shall, at the manufacturer's
or importer's expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department. The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department's determination as to
whether the firearm tested may be sold in this state.
   (d) (1) Commencing January 1, 2006, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have either a chamber load indicator as defined in
subdivision (c) of Section 12126, or a magazine disconnect mechanism
as defined in subdivision (d) of Section 12126 if it has a detachable
magazine.
   (2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have both a chamber load indicator as defined in subdivision
(c) of Section 12126 and a magazine disconnect mechanism as defined
in subdivision (d) of Section 12126.
   (3) Commencing January 1, 2006, no rimfire semiautomatic pistol
may be submitted for testing pursuant to this chapter if it has a
detachable magazine, and does not have a magazine disconnect
mechanism as defined in subdivision (d) of Section 12126.  
   (4) Commencing January 1, 2009, 2007, no semiautomatic pistol may be
submitted for testing pursuant to this chapter if it is not designed
and equipped with a microscopic array of characters, that identify
the make, model, and serial number of the pistol, etched into the
interior surface or internal working parts of the pistol, and which
are transferred by imprinting on each cartridge case when the firearm
is fired.
  SEC. 3.
  No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.