BILL NUMBER: AB 2245	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2016
	AMENDED IN SENATE  JUNE 13, 2016

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 18, 2016

   An act to amend Section 32000 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2245, as amended, Cooper. Firearms: prohibitions: exemptions:
probation departments.
   Existing law makes it a crime for any person in this state to
manufacture, import into the state, keep for sale, offer or expose
for sale, give, or lend an unsafe handgun. Under existing law, this
prohibition does  not  apply to the sale or purchase of a
handgun if the handgun is sold to, or purchased by, the Department of
Corrections and Rehabilitation or to any federal law enforcement
agency, among other entities.
   This bill would also make the above prohibition inapplicable to
the sale to, or purchase by, a probation department, or a sworn
member of a probation department if that person satisfies certain
requirements.  The bill would prohibit a person who  
obtains an unsafe handgun pursuant to this exemption from selling the
handgun or otherwise transferring ownership of the handgun to a
person who is not exempt from the above prohibition.  
   This bill would require a person, with exceptions, who obtains an
unsafe handgun pursuant to this exemption to, when leaving the
handgun in an unattended vehicle, as defined, lock the handgun in the
vehicle's trunk or lock the handgun in a locked container, as
defined, and place the container out of plain view. The bill would
make a violation of this provision an infraction punishable by a fine
not exceeding $1,000. By creating a new crime, this bill would
impose a state-mandated local program.  
   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:  no
  yes  . State-mandated local program:  no
  yes  .


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

  SECTION 1.  Section 32000 of the Penal Code is amended to read:
   32000.  (a) A 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 an unsafe handgun shall
be punished by imprisonment in a county jail not exceeding one year.
   (b) This section shall not apply to any of the following:
   (1) The manufacture in this state, or importation into this state,
of a prototype handgun when the manufacture or importation is for
the sole purpose of allowing an independent laboratory certified by
the Department of Justice pursuant to Section 32010 to conduct an
independent test to determine whether that handgun is prohibited by
Sections 31900 to 32110, inclusive, and, if not, allowing the
department to add the firearm to the roster of handguns that may be
sold in this state pursuant to Section 32015.
   (2) The importation or lending of a handgun by employees or
authorized agents of entities determining whether the weapon is
prohibited by this section.
   (3) Firearms listed as curios or relics, as defined in Section
478.11 of Title 27 of the Code of Federal Regulations.
   (4) The sale or purchase of a handgun, if the handgun is sold to,
or purchased by, the Department of Justice, a police department, a
sheriff's official, a marshal's office, the Department of Corrections
and Rehabilitation, the  Department of the  California
Highway Patrol, any district attorney's office, any federal law
enforcement agency, or the military or naval forces of this state or
of the United States for use in the discharge of their official
duties. This section does not prohibit the sale to, or purchase by,
sworn members of these agencies of a handgun.
   (5) The sale or purchase of a handgun, if the handgun is sold to,
or purchased by, a probation department. This section does not
prohibit the sale of a handgun to, or purchase by, sworn members of a
probation department who have completed the firearms portion of the
training course prescribed by the Commission on Peace Officer
Standards and Training, pursuant to Section 832.
   (6) The sale, purchase, or delivery of a handgun, if the sale,
purchase, or delivery of the handgun is made pursuant to subdivision
(d) of Section 10334 of the Public Contract Code. 
   (c) (1)  A person who obtains an unsafe handgun pursuant to
paragraph (5) of subdivision (b) shall not sell the handgun or
otherwise transfer ownership of the handgun to a person who is not
exempt from this section pursuant to subdivision (b).  
   (2) (A) A person who obtains an unsafe handgun pursuant to
paragraph (5) of subdivision (b) shall, when leaving the handgun in
an unattended vehicle, lock the handgun in the vehicle's trunk or
lock the handgun in a locked container and place the container out of
plain view. 
   (B) A violation of subparagraph (A) is an infraction punishable by
a fine not exceeding one thousand dollars ($1,000).  
   (C) For purposes of this paragraph, the following definitions
shall apply:  
   (i) "Vehicle" has the same meaning as defined in Section 670 of
the Vehicle Code.  
   (ii) A vehicle is "unattended" when a person who is lawfully
carrying or transporting a handgun in the vehicle is not within close
proximity to the vehicle to reasonably prevent unauthorized access
to the vehicle or its contents.  
   (iii) "Locked container" has the same meaning as defined in
Section 16850.  
   (D) Subparagraph (A) does not apply to a peace officer during
circumstances requiring immediate aid or action that are within the
course of his or her official duties.  
   (c) 
    (d)  Violations of subdivision (a) are cumulative with
respect to each handgun and shall not be construed as restricting the
application of any other law. However, an act or omission punishable
in different ways by this section and other provisions of law shall
not be punished under more than one provision, but the penalty to be
imposed shall be determined as set forth in Section 654.
   SEC. 2.    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.