Bill Text: CA SB313 | 2011-2012 | Regular Session | Introduced

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Bill Title: Firearms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB313 Detail]

Download: California-2011-SB313-Introduced.html

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BILL NUMBER: SB 313	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 14, 2011

   An act to amend Section 32110 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 313, as introduced, Correa. Firearms.
   Existing law, with some exceptions, subjects any person in this
state who manufactures or causes to be manufactured, imports into the
state for sale, keeps for sale, offers or exposes for sale, gives,
or lends any unsafe handgun, as defined, to imprisonment in a county
jail for not more than one year. Existing law, subject to exceptions,
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.
   This bill would exempt from those provisions handguns for which
production ceased prior to January 1, 2000, and for which production
has not resumed, and handguns that are commemorative or custom-made,
and for which production was or is limited to 1,000 or fewer
firearms.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32110 of the Penal Code is amended to read:
   32110.  Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
   (a) The sale, loan, or transfer of any firearm pursuant to Chapter
5 (commencing with Section 28050) of Division 6 in order to comply
with Section 27545.
   (b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.
   (c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 32000.
   (d) The delivery of a  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 to a person licensed pursuant to Sections 26700 to 26915,
inclusive, for the purposes of the service or repair of that firearm.

   (e) The return of a  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 by a person licensed pursuant to Sections 26700 to 26915,
inclusive, to its owner where that firearm was initially delivered in
the circumstances set forth in subdivision (a), (d), (f), or (i).
   (f) The delivery of a  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 to a person licensed pursuant to Sections 26700 to 26915,
inclusive, for the purpose of a consignment sale or as collateral for
a pawnbroker loan.
   (g) The sale, loan, or transfer of any pistol, revolver,
or other firearm capable of being concealed upon the person 
 handgun  listed as a curio or relic, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
   (h) The sale, loan, or transfer of any semiautomatic pistol that
is to be used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant therein
in the course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
   (i) The delivery of a  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 to a person licensed pursuant to Sections 26700 to 26915,
inclusive, where the firearm is being loaned by the licensee to a
consultant-evaluator. 
   (j) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person by a person licensed pursuant to
Sections 26700 to 26915, inclusive, where the firearm is being loaned
by the licensee to a consultant-evaluator.  
   (k) 
    (j)  The return of a  pistol, revolver, or other
firearm capable of being concealed upon the person  
handgun  to a person licensed pursuant to Sections 26700 to
26915, inclusive, where it was initially delivered pursuant to
subdivision  (j)   (i)  . 
   (k) Handguns for which production ceased prior to January 1, 2000,
and for which production has not resumed.  
   (l) Handguns that are commemorative and for which total production
was or is limited to 1,000 or fewer firearms.  
   (m) Handguns that are custom-made and for which total production
was or is limited to 1,000 or fewer firearms.