SB 916

Bill Subjects

Abstract

(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 other reason 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 another 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, including any purely cosmetic feature. This bill would also deem a firearm as meeting the requirements for being listed on the roster if it differs from a listed firearm made by the same manufacturer only in a purely minor feature. (3) Existing law provides that the provisions defining and governing unsafe handguns do not apply to certain transactions, including the sale, loan, or transfer of any firearm in a transaction that requires the use of a licensed dealer, or where the sale, loan, or transfer is exempt from the provisions of law requiring the transfer to be conducted through a licensed firearms dealer, among others. This bill would make the provisions defining and governing unsafe handguns inapplicable to the sale, loan, or transfer of a handgun by a licensed firearms dealer if the firearm previously appeared on the roster but was removed for any reason other than failing retesting and the licensee notified the Department of Justice of the number of qualifying firearms in its inventory within 30 days of the firearm being removed from the roster.