CALIFORNIA GUN-RELATED LAWS
PASSED IN 1999 & 2000

1-10-2001

Select a link to view a readable, annotated copy of the bills actually appvd by Gov davis.  These copies highlight all changes proposed with respect to existing law (HTML copies from the legislature highlight changes with respect to earlier amendment so that you can't tell what they're trying to do to existing law).

1999 BILLS

SENATE BILLS

SB 15 - (8/16) Economical Handgun Ban ("Handgun Safety Stds")  Requires a drop misfire test and a firing test, plus a couple of unnecessary physical requirements (although the size restrictions have been dropped).  Requires DoJ to certify labs and maintain a roster of "good guns."  Requires manufacturers in California to meet the requirements even for sale in other states, the point being to raise prices of guns made in California and put the manufacturers out of business.  Includes exemption for consignment sale of a used handgun by a dealer, but provides no relief for dealers being able to buy and sell used handguns.  Last am. added reference to nonspecific BATF rules supposedly to make Glocks pass, although effect is impossible to assess since the rules are not available and can be changed at any time by BATF.  Allows BATF to make Calif. law administratively. See my analysis & this legislative analysis of a recent issue.  Misguided attempt to eliminate so-called "junk guns" or "Saturday night specials."  See why the initiative is misguided.  Cal DoJ has issued regulation.

SB 23 - (7/12) Semi Auto Rifle, Pistol, Shotgun, Mag ("assault weapon") Ban.  Cal DoJ has issued a regulation.  See annotated and linked copies of the resultant "assault weapon" law (penal code Ch. 2.3 of Title 2) for 2001 except for Sec. 12290 about dealer requirements:
[Art. 1 "General Provisions" (12275-12277)]
[Art. 2 "Unlawful Activities" (12280 & 12281)]
[Art. 3 "Registration and Permits" (12285-12289)]

SB130 FIREARM SAFETY DEVICES--NOT ABOUT TRIGGER LOCKS  Same as AB106.  Makes DOJ/AG dictator of standards & specifically authorizes "smart" gun (integral to gun) gadgetry.  Requires testing of devices to secure firearms, except for gun safes.  Requires guns sold after 2001 to include approved devices, even if you already have spares, unless you can show proof of owning a gun safe or approved safety device (bought within past 30 days).  Does NOT require trigger locks be sold with firearms.  WAKE UP PEOPLE!

ASSEMBLY BILLS

AB 202 - ONE HANDGUN A MONTH 4/6
Although it makes it illegal to buy more than one handgun within any 30 day period, it permits the DoJ, through the dealer, to deny delivery if you've applied within the past 30 days even if you did not take possession.  If you applied every 29 days but never took possession, you could be denied FOREVER!  If you are denied, be sure to wait at least 30 days before applying again.

AB295 - (8/25) "GUN SHOW CONTROLS" - Totally revised by Assemblyman Rod Wright, gaining bipartisan support.  I haven't analyzed it.

AB491 - (9/2) "UNCONCEALED UNCARRY"  May be considered to create a new crime of "concealed" carry of a gun with accessible ammo, if the gun is not REGISTERED to the individual (regardless of ownership) but, for this new crime, makes it applicable if a firearm and live ammo for it are both in "immediate possession" or "readily accessible".  In other words, the firearm need not be "concealed."

Includes another provision that police can arrest for the unconcealed uncarry even though one of the exemptions/exclusions would apply.  The way it does this is by referring to the earlier provision without also mentioning the exemptions and exclusions.  The actual words of the law authorize police to arrest you if they have probable cause to believe that the firearm in your immediate possession (or readily accessible) is not registered to you even if you have a permit to carry it concealed.  The DoJ's "California Firearms Laws" for 2000, however, correctly says that the entire 12025 penal code section (which includes the added provisions) does not apply if you have a permit.  You should download a copy (.pdf) of the document, to have something to wave at someone if they try to arrest you.  The summary is good for general reference about California dangerous weapons laws anyway.

Changes definition of "lawful possession," for both concealed carry and loaded gun, to use the word "lawful" and "lawfully" repeatedly so that the definition would no longer clarify what "lawful possession" is supposed to be.

Includes a provision in handgun registration code (11106) that DoJ must add to the computerized database within 3 work days any handgun for which the owner requests this in writing, if the handgun was registered before 1979 (for which the data has not been put into the database).  The PSC analysis gives clues to the thinking of those for and against the bill.  Calif Police Chiefs Assn apparently wants to be able to prosecute as a felony anyone having a handgun and ammo both "near" the person whether or not they are concealed.

AB1587 - (6/23) This bill was about providing counselors at schools where violence occurs, but was totally changed on 6/23 to fix a problem in Welfare and Institutions Code 8103 regarding prohibition of firearm ownership for someone who has shown various signs of mental instability.  A court had thrown out the existing statute, so something had to be done in order to keep the insane, etc. from possessing firearms.

2000 BILLS

SENATE BILLS

SB 2052 (Schiff)(5/9/00) -- Changes penal code 12028.5 (domestic violence) & Welfare & Institututions code 8102 (police stealing guns of those that have been "taken in" for 72 hour mental evaluation with no requirement for cause) to increase (to 60 days) the time that would be allowed for a law enforcement agency to petition a court to block return of a firearm to a person from whom the firearm had been seized (if the agency has reasonable cause to think the person is dangerous).  PC12028.5 now allows only 10 days.  8102 presently requires the petition to be filed with the court within 30 days.  Would be nice if local authorities didn't use the law to illegally steal guns from people.  Added to law books 8/28.

ASSEMBLY BILLS

AB 719 (Briggs, a republican, 5/23) -- Exempts certified firearms trainers from requirement to take a course to renew a concealed carry permit.  Put into the law books ("chaptered") by the Sec. of State on 7/10.

AB 1717 (Hertzberg, et.al.) -- Requires DoJ to do a costs, benefits and feasibility study on capturing ballistic "fingerprints" on new handguns, and to report back to the legislature by June 1, 2001.  Into law books 9/1.

AB 1961 (6/21) Machado--Defines "machine gun" to include various things, including parts only useable to convert a firearm to full auto, and kits from which complete full-auto firearms may be assembled.  To gov. 9/6.

AB 1989 (Dickerson, 5/26)--Adds to list of misdemeanors for which possession of firearms would be prohibited, for 10 years, the crimes of dissuading (or trying to) a witness or victim from attending, or giving testimony at, a trial (apparently also making terrorist threats).  Into law books 9/11.

AB 2351 (8/25/00) (Zettel, a republican) -- Amended by senate to list specifically firearms exempt from the "unsafe handgun" & "assault weapon" laws because of their use in olympic shooting.  Doesn't address what happens if people have, sell or acquire some OK "bad guns" under these exemptions, then somebody changes a list.  8/25 am. only changed wording re. legislative intent.  Asm concurred in sen amendments 8/31.

AB 2523 (8/25, Thomson) -- Requirement that "brandishing" in a public place in an incorporated city, or on a public street in an unincorporated city would be punishable by 3 mo. to 1 year in a county jail, plus up to $1000 fine.  The lower limit was added by the 8/25 am.  Definition of "public place" is poor since it uses "public" in the definition.  Into law books 9/19.

AB 2536 (Scott, Wright & Jackson, 8/21/00)-- Requires the DoJ to produce public service announcements re. gun law changes & gun owners' responsibilities for safe storage (per the DoJ Basic Firearms Safety Course).  This law would be good because it would help eliminate some of the public ignorance about existing laws that is largely responsible for public support of "sensible gun control."  Into law books 9/19.

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