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Subdeacon Joe

(sigh) AB-1964 Unsafe handguns: single-shot pistols. CA....again

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http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1964

 

 

Introduced by Assembly Member Dickinson
February 19, 2014

An act to amend Section 32100 of the Penal Code, relating to unsafe handguns.


LEGISLATIVE COUNSEL'S DIGEST

AB 1964, as introduced, Dickinson. Unsafe handguns: single-shot pistols.
Existing law provides for the testing of handguns and requires the Department of Justice to maintain a roster listing all handguns that are determined not to be unsafe handguns. 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 makes the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol, as specified.
This bill would instead make the provisions defining and governing unsafe handguns inapplicable to a single-shot pistol with a break top or bolt action. The bill would make this exemption inapplicable to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode. By expanding the definition of a 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.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:
SECTION 1. Section 32100 of the Penal Code is amended to read:
32100. (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(2) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled.
(3) Has an overall length measured parallel to the barrel of at least seven and one-half inches when the handle, frame or receiver, and barrel are assembled and that is currently approved for importation into the United States pursuant to the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.
( B) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-shot pistol with a break top or bolt action and a barrel length of not less than six inches and that has an overall length of at least 10½ inches when the handle, frame or receiver, and barrel are assembled. However, Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall apply to a semiautomatic pistol that has been temporarily or permanently altered so that it will not fire in a semiautomatic mode.
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.

 

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It's late... I'm tired... and my brain's mush.

 

What the heck does that say in twenty words or so...? :(

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This is interesting...

 

32100. (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

 

Notice the word AND in the above sentance. That means any single action revolver of at least 5 shots and a barrel 3 inches or over is okay, IF IT WAS MADE IN 1899!

 

Guns made prior to 1899 are not curio or relic, they are antiques. Guns made from 1900 till 50 years ago are C&R, but they are not prior to 1900.

 

So that means that in California that a SA revolver must have been made in 1899 to be sold or imported into the state. Unless the overall length of the pistol is over 7.5". I guess most SASS guns would therefore qualify on "length" but those 2 later paragraphs made my head spin.

 

Buntlines legal.

Sheriff's model, probably not unelss it was made in 1899 and has at least a 3 inch barrel.

Other guns... Get out your ruler.

 

Question: What happens to people who own "unsafe guns" before they were defined as unsafe? Do they have to destroy them? Can their children inherit them?

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This is interesting...

 

32100. (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to a single-action revolver that has at least a five-cartridge capacity with a barrel length of not less than three inches, and meets any of the following specifications:
(1) Was originally manufactured prior to 1900 and is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

 

Notice the word AND in the above sentance. That means any single action revolver of at least 5 shots and a barrel 3 inches or over is okay, IF IT WAS MADE IN 1899!

 

Guns made prior to 1899 are not curio or relic, they are antiques. Guns made from 1900 till 50 years ago are C&R, but they are not prior to 1900.

 

So that means that in California that a SA revolver must have been made in 1899 to be sold or imported into the state.

 

What happens to people who own "unsafe guns" before they were defined as unsafe? Do they have to destroy them? Can their children inherit them?

 

Hi H.K.,

 

Please read it again. It says if it was " originally manufactured prior to 1900."

 

The following is from dictionary.com.

Curio: any unusual article, object of art, etc., valued as a curiosity.

Relic: an object having interest by reason of its age or its association with the past

 

It seems to me that our guns are safe with these definitions. Hope I'm right.

 

Regards,

 

Allie Mo

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It's late... I'm tired... and my brain's mush.

 

What the heck does that say in twenty words or so...? :(

Someone's gonna get screwed,

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It's late... I'm tired... and my brain's mush.

 

What the heck does that say in twenty words or so...? :(

BOHICA.........

LG

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It's late... I'm tired... and my brain's mush.

 

What the heck does that say in twenty words or so...? :(

 

 

BOHICA.........

LG

 

I was 'fraid of that. :(

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Hi kids....

A friend pointed me toward this conversation and I just wanted to clarify some matters about this bill when it does become active 1 Jan 2015. ( It sadly has been signed.)

1.) THIS LAW CHANGE ONLY IS ABOUT certain PISTOLS, not any REVOLVERS.

[Legally, revolvers vs. pistols are separate entities.]

THIS LAW CHANGE IS NOT APPLICABLE TO ANY REVOLVERS.

Especially for folks here, NOTHING CHANGES IN REGARD TO COMMON-GARDEN SINGLE-ACTION REVOLVERS (Colt SAAs, Ruger Vaqueros/ Blackhawks/Bisleys/Bearcats, Beretta Stampedes, what-have-you, etc.....) - REGARDLESS OF AGE.

Ever since the Unsafe Handgun Act ("UHA", ~2000, SB1500, if I recall correctly) single-action revolvers have been exempt from the various provisions of the UHA, as long as:

  1. the revolver holds 5 or more rounds. (Don't wanna go over 10, given other laws.)
  2. the barrel length is at least 3" minimimum in length, measured parallel to bore;
  3. the overall length [parallel to bore] is 7.5" min [when gun is assembled].

Regardless of age, such single action revolvers above are exempt from the Roster, 'drop test', etc.

[N.B..... Anyone wanting to buy a new real short snubby sub-3" bbl (say, 2.5") "Sheriff's Model" style SA wheelgun will, however, NOT meet the dimensional compliance aspects above. However, existing guns can still be transferred between individual Californians via a CA FFL dealer "PPT" ('private party transfer"), inheritance, lineal intrafamily transfer, and a variety of other pathways, etc.

But a CA FFL gun dealer can't buy such a gun & stock them for resale [unless C&R/antique] - but he can acquire them from other Californians and put them on consignment if acquired from another Californian.

So if someone had a cut-down-to 2.5" bbl 1980s Ruger Blackhawk, this gun couldn't be acquired by a CA FFL for resale to another California (aside from LEOs). If the gun were a 1950ish Colt SAA that was cut down, however that would be fine for reinventorying since it's over 50 yrs old and "C&R" !!! ]

BTW it doesn't matter what the gun looks like - this is a 'single action revolver exemption' - NOT a 'cowboy-looking gun' exemption! A classic S&W Model 14-3 K frame single action revolvoer looks like a double action Model 14 etc wheelgun but isn't; the lockwork is different. It is (providing dimensionally compliant per above) also a single action revolver in its own right, is Roster exempt [and similarly unaffected by new law. Classic DA wheelguns with their DA sears removed rendering them SAs a la the 14-3 also are exempt. providing they are of proper length etc.


2.) Commentary about pre-1899 stuff is just some boilerplate for "antiques". Don't sweat it.

Regardless of single-action status, the California UHA simply does NOT apply to handguns if either antique (1898 or earlier) or C&R under Fed law. C&R can be "over 50 years old" and/or "in the book" (the latter applicable for newer limited circulation commenoratives).

 

3.) The "Roster"/UHA is primarily about gating new sales of new guns.

It does not regulate possession of existing guns.

It does play a small part if you want to sell your gun directly to a CA FFL dealer; he doesn't wanna buy non-exempt, non-Rostered handguns since he can't sell them to CA except to LEOs [or via special handwaving called "SSE", single-shot exemption disappearing end of this year... see below]


4.) This law change won't affect true traditional single-shot pistols a la certain Rem XP100s, Thompson Contenders, etc. that are dimensionally compliant (6" min bbl length + 10.5" overall length measured parallel to bore.)

This law change will ONLY affect trade in semiauto pistols that were being converted to single-shot configuration to effectuate various Roster-exempt pistol sales in CA.


By controlling/changing definition in Roster exemptions list, this law attempts to shut down an unusual pathway some folks in CA were legally acquiring "off-Roster" handguns - by having dealers drop in 6+" long barrels/bbl inserts and blocking feed to render single shot chamber-loaded only (with no possible feed/storage capability, etc.)

These temporarily-converted "single shot pistols" legally met a rational standard, and would be set up before the purchase & California 10 day wait.

After customer pickup, the individual could change the gun back to whatever original legal form he wanted (remember the Roster only gates deaier acquisition/sales, not actual possession.) - and give the dealer back his long barrel or barrel insert. This was the way to get non-Rostered 1911s, new Gen4 Glocks, etc. etc. into legal California firearms commerce.

There may well be another workaround for this; time will tell.

Keep shooting straight - and keep fighting. [Join NRA, join Calguns website, help out Calguns Foundation and SAF....! ]

Thanks for surviving this long post - just wanted to clarify and diffuse speculation.


San Jose, CA
Vice Chair/CoFounder
The Calguns Foundation
bwiese@calgunsfoundation.org










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While both interesting and relevant, it doesn't take away the fact that the capons in Sacramento have put yet another barrier in the way of our exercising our constitutionally protected civil rights.

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Hi kids....

 

A friend pointed me toward this conversation and I just wanted to clarify some matters about this bill when it does become active 1 Jan 2015. ( It sadly has been signed.)

 

1.) THIS LAW CHANGE ONLY IS ABOUT certain PISTOLS, not any REVOLVERS.

 

[Legally, revolvers vs. pistols are separate entities.]

 

THIS LAW CHANGE IS NOT APPLICABLE TO ANY REVOLVERS.

 

Especially for folks here, NOTHING CHANGES IN REGARD TO COMMON-GARDEN SINGLE-ACTION REVOLVERS (Colt SAAs, Ruger Vaqueros/ Blackhawks/Bisleys/Bearcats, Beretta Stampedes, what-have-you, etc.....) - REGARDLESS OF AGE.

 

Ever since the Unsafe Handgun Act ("UHA", ~2000, SB1500, if I recall correctly) single-action revolvers have been exempt from the various provisions of the UHA, as long as:

  1. the revolver holds 5 or more rounds. (Don't wanna go over 10, given other laws.)

  2. the barrel length is at least 3" minimimum in length, measured parallel to bore;

  3. the overall length [parallel to bore] is 7.5" min [when gun is assembled].

Regardless of age, such single action revolvers above are exempt from the Roster, 'drop test', etc.

 

[N.B..... Anyone wanting to buy a new real short snubby sub-3" bbl (say, 2.5") "Sheriff's Model" style SA wheelgun will, however, NOT meet the dimensional compliance aspects above. However, existing guns can still be transferred between individual Californians via a CA FFL dealer "PPT" ('private party transfer"), inheritance, lineal intrafamily transfer, and a variety of other pathways, etc.

 

But a CA FFL gun dealer can't buy such a gun & stock them for resale [unless C&R/antique] - but he can acquire them from other Californians and put them on consignment if acquired from another Californian.

 

So if someone had a cut-down-to 2.5" bbl 1980s Ruger Blackhawk, this gun couldn't be acquired by a CA FFL for resale to another California (aside from LEOs). If the gun were a 1950ish Colt SAA that was cut down, however that would be fine for reinventorying since it's over 50 yrs old and "C&R" !!! ]

 

BTW it doesn't matter what the gun looks like - this is a 'single action revolver exemption' - NOT a 'cowboy-looking gun' exemption! A classic S&W Model 14-3 K frame single action revolvoer looks like a double action Model 14 etc wheelgun but isn't; the lockwork is different. It is (providing dimensionally compliant per above) also a single action revolver in its own right, is Roster exempt [and similarly unaffected by new law. Classic DA wheelguns with their DA sears removed rendering them SAs a la the 14-3 also are exempt. providing they are of proper length etc.

 

 

2.) Commentary about pre-1899 stuff is just some boilerplate for "antiques". Don't sweat it.

 

Regardless of single-action status, the California UHA simply does NOT apply to handguns if either antique (1898 or earlier) or C&R under Fed law. C&R can be "over 50 years old" and/or "in the book" (the latter applicable for newer limited circulation commenoratives).

 

3.) The "Roster"/UHA is primarily about gating new sales of new guns.

 

It does not regulate possession of existing guns.

 

It does play a small part if you want to sell your gun directly to a CA FFL dealer; he doesn't wanna buy non-exempt, non-Rostered handguns since he can't sell them to CA except to LEOs [or via special handwaving called "SSE", single-shot exemption disappearing end of this year... see below]

 

 

4.) This law change won't affect true traditional single-shot pistols a la certain Rem XP100s, Thompson Contenders, etc. that are dimensionally compliant (6" min bbl length + 10.5" overall length measured parallel to bore.)

 

This law change will ONLY affect trade in semiauto pistols that were being converted to single-shot configuration to effectuate various Roster-exempt pistol sales in CA.

 

By controlling/changing definition in Roster exemptions list, this law attempts to shut down an unusual pathway some folks in CA were legally acquiring "off-Roster" handguns - by having dealers drop in 6+" long barrels/bbl inserts and blocking feed to render single shot chamber-loaded only (with no possible feed/storage capability, etc.)

 

These temporarily-converted "single shot pistols" legally met a rational standard, and would be set up before the purchase & California 10 day wait.

 

After customer pickup, the individual could change the gun back to whatever original legal form he wanted (remember the Roster only gates deaier acquisition/sales, not actual possession.) - and give the dealer back his long barrel or barrel insert. This was the way to get non-Rostered 1911s, new Gen4 Glocks, etc. etc. into legal California firearms commerce.

 

There may well be another workaround for this; time will tell.

 

Keep shooting straight - and keep fighting. [Join NRA, join Calguns website, help out Calguns Foundation and SAF....! ]

 

Thanks for surviving this long post - just wanted to clarify and diffuse speculation.

 

 

 

San Jose, CA

Vice Chair/CoFounder

The Calguns Foundation

bwiese@calgunsfoundation.org

 

 

 

 

 

 

 

 

 

 

 

Just because of that part in Red this bill should go to court, nothing like having 2 classes of citizens I mean having 1 class of citizens and 1 class of subjects

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