SB1255sam001 98TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 4/15/2013

09800SB1255sam001 LRB098 08773 RLC 44520 a

AMENDMENT TO SENATE BILL 1255

AMENDMENT NO. ______. Amend Senate Bill 1255 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Unsafe Handgun Act.

Section 5. Definitions. For the purposes of this Act:

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Firearm" has the meaning provided in Section 1.1 of the Firearm Owners Identification Card Act.

"Firing requirement for handguns" means a test fulfilling the requirements of Section 15 in which the manufacturer provides 3 handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Director under Section 35.

"Handgun" means any firearm, including, but not limited to, a pistol or a revolver, capable of being concealed upon the person.

"Magazine disconnect mechanism" means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol.

"Pistol" means any handgun that is not a revolver.

"Revolver" means a handgun that has a rotating cylinder containing multiple chambers for loading and firing ammunition.

Section 10. Drop safety requirement for handguns. At the conclusion of the firing requirements for handguns described in Section 15, the same certified independent testing laboratory shall subject the same 3 handguns of the make and model for which certification is sought, to the following test:

(1) A primed case (no powder or projectile) shall be inserted into the chamber. For a pistol, the slide shall be released, allowing it to move forward under the impetus of the recoil spring, and an empty magazine shall be inserted. For both a pistol and a revolver, the weapon shall be placed in a drop fixture capable of dropping the pistol from a drop height of 1 meter + 1 centimeter (39.4 + 0.4 inches) onto the largest side of a slab of solid concrete having minimum dimensions of 7.5 x 15 x 15 centimeters (3 x 6 x 6 inches). The drop distance shall be measured from the lowermost portion of the weapon to the top surface of the slab. The weapon shall be dropped from a fixture and not from the hand. The weapon shall be dropped in the condition that it would be in if it were dropped from a hand (cocked with no manual safety applied). If the pistol is designed so that upon leaving the hand a "safety" is automatically applied by the pistol, this feature shall not be defeated. An approved drop fixture is a short piece of string with the weapon attached at one end and the other end held in an air vise until the drop is initiated.

(2) The following 6 drops shall be performed:

(A) Normal firing position with barrel horizontal.

(B) Upside down with barrel horizontal.

(C) On grip with barrel vertical.

(D) On muzzle with barrel vertical.

(E) On either side with barrel horizontal.

(F) If there is an exposed hammer or striker, on the rearmost point of that device, otherwise on the rearmost point of the weapon.

(3) The primer shall be examined for indentations after each drop. If indentations are present, a fresh primed case shall be used for the next drop.

(4) The make and model of handgun shall pass this test if each of the 3 test guns does not fire the primer.

Section 15. Firing requirement for handguns.

(a) The handguns of the make and model for which certification is sought, and which are to be tested under this Section, may not be refined or modified in any way from those that would be made available for retail sale if certification is granted. The magazines of a tested handgun shall be identical to those that would be provided with the handgun to a retail customer.

(b) The firing requirement for handguns test shall be conducted as follows:

(1) The laboratory shall fire 600 rounds from each gun, stopping after each series of 50 rounds has been fired for 5 to 10 minutes to allow the weapon to cool, stopping after each series of 100 rounds has been fired to tighten any loose screws and clean the gun in accordance with the manufacturer's instructions, and stopping as needed to refill the empty magazine or cylinder to capacity before continuing.

(2) The ammunition used shall be of the type recommended by the handgun manufacturer in the user manual, or if none is recommended, any standard ammunition of the correct caliber in new condition that is commercially available.

(c) A handgun shall pass this test if each of the 3 test guns meets both of the following:

(1) Fires the first 20 rounds without a malfunction that is not due to ammunition that fails to detonate.

(2) Fires the full 600 rounds with no more than 6 malfunctions that are not due to ammunition that fails to detonate and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user.

(d) If a handgun fails the requirements of either paragraph (1) or (2) of subsection (c) of this Section due to ammunition that fails to detonate, the handgun shall be retested from the beginning of the "firing requirement for handguns" test. A new model of the handgun that failed the test due to ammunition that fails to detonate may be submitted for the test to replace the handgun that failed.

(e) As used in this Section, "malfunction" means a failure to properly feed, fire, or eject a round, or failure of a handgun to accept or eject the magazine, or failure of a handgun's slide to remain open after the magazine has been expended.

Section 20. Unsafe handguns. Any handgun is an unsafe handgun when any of the following is true:

(a) For a revolver:

(1) It does not have a safety device that, either automatically in the case of a double-action firing mechanism, or by manual operation in the case of a single-action firing mechanism, causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge.

(2) It does not meet the firing requirement for handguns.

(3) It does not meet the drop safety requirement for handguns.

(b) For a pistol:

(1) It does not have a positive manually operated safety device, as determined by standards relating to imported guns adopted by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

(2) It does not meet the firing requirement for handguns.

(3) It does not meet the drop safety requirement for handguns.

(4) For all center fire semiautomatic pistols, it does not have a chamber load indicator and, if it has a detachable magazine, a magazine disconnect mechanism.

(5) For all rimfire semiautomatic pistols, it does not have a magazine disconnect mechanism, if it has a detachable magazine.

Section 25. Penalty; exceptions.

(a) Commencing January 1, 2015, 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 shall be guilty of a petty offense for a first violation, a Class A misdemeanor for a second violation, and Class 4 felony for a third or subsequent violation.

(b) This Section shall not apply to any of the following:

(1) The manufacture in this State, or importation into this State, of any prototype handgun, when the manufacture or importation is for the sole purpose of allowing an independent laboratory certified by the Department under Section 35 to conduct an independent test to determine whether that handgun is prohibited by this Act, and, if not, allowing the Department to add the firearm to the roster of handguns that may be sold in this State under Section 40.

(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 any handgun, if the handgun is sold to, or purchased by, any federal, State or local law enforcement agency, any State's Attorney's office, or the armed forces of this State or of the United States for use in the discharge of their official duties. Nor shall anything in this Section prohibit the sale to, or purchase by, sworn members of these agencies of any handgun.

(c) Violations of subsection (a) of this Section are cumulative with respect to each handgun and shall not be construed as restricting the application of any other law.

Section 30. Certification by manufacturers and sellers that handguns are not unsafe.

(a) Every person who is licensed as a manufacturer of firearms under Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and who manufactures firearms in this State shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of handgun that the person manufactures is not an unsafe handgun as prohibited by this Act.

(b) Every person who imports into the State for sale, keeps for sale, or offers or exposes for sale any handgun shall certify under penalty of perjury and any other remedy provided by law that every model, kind, class, style, or type of handgun that the person imports, keeps, or exposes for sale is not an unsafe handgun as prohibited by this Act.

Section 35. Testing requirement; certification of laboratories; test report.

(a) Any handgun manufactured in this State, imported into the State for sale, kept for sale, or offered or exposed for sale, shall be tested within a reasonable period of time by an independent laboratory certified under subsection (b) of this Section to determine whether that handgun meets or exceeds the standards defined in Section 20.

(b) On or before October 1, 2014, the Department shall certify laboratories to verify compliance with the standards defined in Section 20. The Department may charge any laboratory that is seeking certification to test any handgun as provided in this Act, a fee not exceeding the costs of certification.

(c) The certified testing laboratory shall, at the manufacturer's or importer's expense, test the handgun and submit a copy of the final test report directly to the Department along with a prototype of the handgun to be retained by the Department. The Department shall notify the manufacturer or importer of its receipt of the final test report and the Department's determination as to whether the handgun tested may be sold in this State.

(d) No center-fire semiautomatic pistol may be submitted for testing as provided in this Act if it does not have a chamber load indicator and, if it has a detachable magazine, a magazine disconnect mechanism. No rimfire semiautomatic pistol may be submitted for testing as provided in this Act if it has a detachable magazine and does not have a magazine disconnect mechanism.

Section 40. Roster of firearms determined not to be unsafe; fee for maintenance of roster.

(a) On and after January 1, 2015, the Department shall compile, publish, and thereafter maintain on its website a roster listing all of the handguns that have been tested by a certified testing laboratory, have been determined not to be unsafe handguns, and may be sold in this State under this Act. The roster shall list, for each handgun, the manufacturer, model number, and model name.

(b)(1) The Department may charge every person in this State who is licensed as a manufacturer of firearms under Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and any person in this State who manufactures or causes to be manufactured, imports into the State for sale, keeps for sale, or offers or exposes for sale any handgun in this State, an annual fee not exceeding the costs of preparing, publishing, and maintaining the roster under subsection (a) of this Section and the costs of research and development, report analysis, firearms storage, and other program infrastructure costs necessary to implement this Act.

(2) Any handgun that is manufactured by a manufacturer who manufactures or causes to be manufactured, imports into the State for sale, keeps for sale, or offers or exposes for sale any handgun in this State, and who fails to pay any fee required under paragraph (1) of this subsection, may be excluded from the roster.

(3) If a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster of not unsafe handguns because of failure to pay the fee required to keep that handgun listed on the roster, the handgun shall be deliverable to the purchaser, if the purchaser is not otherwise prohibited from purchasing or possessing the handgun. However, if a purchaser has initiated a transfer of a handgun that is listed on the roster as not unsafe, and prior to the completion of the transfer, the handgun is removed from the roster under subsection (d) of Section 45, the handgun shall not be deliverable to the purchaser.

Section 45. Retesting of handguns on roster.

(a) The Director may annually retest up to 5 percent of the handgun models that are listed on the roster described in subsection (a) of Section 40.

(b) The retesting of a handgun model under subsection (a) of this Section shall conform to the following:

(1) The Director shall obtain from retail or wholesale sources, or both, 3 samples of the handgun model to be retested.

(2) The Director shall select the certified laboratory to be used for the retesting.

(3) The ammunition used for the retesting shall be of a type recommended by the manufacturer in the user manual for the handgun. If the user manual for the handgun model makes no ammunition recommendation, the Director shall select the ammunition to be used for the retesting. The ammunition shall be of the proper caliber for the handgun, commercially available, and in new condition.

(c) The retest shall be conducted in the same manner as the testing prescribed in Sections 10 and 15.

(d) If the handgun model fails retesting, the Director shall remove the handgun model from the roster maintained under subsection (a) of Section 40.

Section 50. Removal of handgun from roster.

(a) A handgun model removed from the roster under subsection (d) of Section 45 may be reinstated on the roster if all of the following are met:

(1) The manufacturer petitions the Director for reinstatement of the handgun model.

(2) The manufacturer pays the Department for all of the costs related to the reinstatement testing of the handgun model, including the purchase price of the handguns, prior to reinstatement testing.

(3) The reinstatement testing of the handguns shall be in accordance with subsections (b) and (c) of Section 45.

(4) The 3 handgun samples shall be tested only once for reinstatement. If the sample fails it may not be retested.

(5) If the handgun model successfully passes testing for reinstatement, and if the manufacturer of the handgun is otherwise in compliance with this Act, the Director shall reinstate the handgun model on the roster maintained under subsection (a) of Section 40.

(6) The manufacturer shall provide the Director with the complete testing history for the handgun model.

(b) Notwithstanding subsection (a) of Section 45, the Director may at any time, in his or her discretion, further retest any handgun model that has been reinstated to the roster.

Section 55. Listing of handguns differing only cosmetically from handguns on roster.

(a) A handgun shall be deemed to satisfy the requirements of subsection (a) of Section 40 if another handgun made by the same manufacturer is already listed and the unlisted handgun differs from the listed handgun only in one or more of the following features:

(1) Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.

(2) The material from which the grips are made.

(3) The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the handgun.

(4) Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the handgun.

(b) Any manufacturer seeking to have a handgun listed under this Section shall provide to the Department all of the following:

(1) The model designation of the listed handgun.

(2) The model designation of each handgun that the manufacturer seeks to have listed under this Section.

(3) A statement, under oath, that each unlisted handgun for which listing is sought differs from the listed handgun only in one or more of the ways identified in subsection (a) of this Section and is in all other respects identical to the listed handgun.

(c) The Department may, in its discretion and at any time, require a manufacturer to provide to the Department any model for which listing is sought under this Section, to determine whether the model complies with the requirements of this Section.

Section 60. Exceptions for certain revolvers and pistols.

(a) This Act shall not apply to a single-action revolver that has at least a 5-cartridge capacity with a barrel length of not less than 3 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, or is a replica of such a revolver.

(2) Has an overall length measured parallel to the barrel of at least 7 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 7 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 under the provisions of paragraph (3) of subsection (d) of Section 925 of Title 18 of the United States Code.

(b) This Act shall not apply to a single-shot pistol with a barrel length of not less than 6 inches and that has an overall length of at least 10 and one-half inches when the handle, frame or receiver, and barrel are assembled.

Section 65. Exception for pistols designed for Olympic target shooting.

(a) The General Assembly finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by both the International Olympic Committee and USA Shooting (the national governing body for international shooting competition in the United States), that are used for Olympic target shooting purposes, and that fall within the definition of "unsafe handgun" under paragraph (3) of subsection (b) of Section 20 shall be exempt from the provisions of this Act, as provided in subsection (b) of this Section.

(b) The Department shall create a program that is consistent with the purpose stated in subsection (a) of this Section to exempt specific models of competitive firearms from this Act, and shall publish on its website a list of those specific models. The exempt competitive firearms may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the Department deems relevant.

Section 70. Exception for certain sales, loans, and transfers. This Act shall not apply to any of the following:

(1) The sale, loan, or transfer of any handgun described in subsection (b) of Section 25, for the purposes set forth in that Section.

(2) The sale, loan, or transfer of any handgun listed as a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

(3) The sale, loan, or transfer of any handgun 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.

(4) The sale, loan, or transfer of any handgun that has been altered to render it permanently inoperable.

Section 99. Effective date. This Act takes effect upon becoming law.".