Full Text of SB1255 98th General Assembly
SB1255sam001 98TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1255
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1255 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Unsafe Handgun Act. | 6 | | Section 5. Definitions. For the purposes of this Act: | 7 | | "Department" means the Department of State Police.
| 8 | | "Director" means the Director of State Police.
| 9 | | "Firearm" has the meaning provided in Section 1.1 of the | 10 | | Firearm Owners Identification Card Act.
| 11 | | "Firing requirement for handguns" means a test fulfilling | 12 | | the requirements of Section 15 in which the manufacturer | 13 | | provides 3 handguns of the make and model for which | 14 | | certification is sought to an independent testing laboratory | 15 | | certified by the Director under Section 35. | 16 | | "Handgun" means any firearm, including, but not limited to, |
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| 1 | | a pistol or a revolver, capable of being concealed upon the | 2 | | person. | 3 | | "Magazine disconnect mechanism" means a mechanism that | 4 | | prevents a semiautomatic pistol that has a detachable magazine | 5 | | from operating to strike the primer of ammunition in the firing | 6 | | chamber when a detachable magazine is not inserted in the | 7 | | semiautomatic pistol.
| 8 | | "Pistol" means any handgun that is not a revolver. | 9 | | "Revolver" means a handgun that has a rotating cylinder | 10 | | containing multiple chambers for loading and firing | 11 | | ammunition. | 12 | | | 13 | | Section 10. Drop safety requirement for handguns. At the | 14 | | conclusion of the firing requirements for handguns described in | 15 | | Section 15, the same certified independent testing laboratory | 16 | | shall subject the same 3 handguns of the make and model for | 17 | | which certification is sought, to the following test:
| 18 | | (1) A primed case (no powder or projectile) shall be | 19 | | inserted into the chamber. For a pistol, the slide shall be | 20 | | released, allowing it to move forward under the impetus of the | 21 | | recoil spring, and an empty magazine shall be inserted. For | 22 | | both a pistol and a revolver, the weapon shall be placed in a | 23 | | drop fixture capable of dropping the pistol from a drop height | 24 | | of 1 meter + 1 centimeter (39.4 + 0.4 inches) onto the largest | 25 | | side of a slab of solid concrete having minimum dimensions of |
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| 1 | | 7.5 x 15 x 15 centimeters (3 x 6 x 6 inches). The drop distance | 2 | | shall be measured from the lowermost portion of the weapon to | 3 | | the top surface of the slab. The weapon shall be dropped from a | 4 | | fixture and not from the hand. The weapon shall be dropped in | 5 | | the condition that it would be in if it were dropped from a | 6 | | hand (cocked with no manual safety applied). If the pistol is | 7 | | designed so that upon leaving the hand a "safety" is | 8 | | automatically applied by the pistol, this feature shall not be | 9 | | defeated. An approved drop fixture is a short piece of string | 10 | | with the weapon attached at one end and the other end held in | 11 | | an air vise until the drop is initiated.
| 12 | | (2) The following 6 drops shall be performed:
| 13 | | (A) Normal firing position with barrel horizontal.
| 14 | | (B) Upside down with barrel horizontal.
| 15 | | (C) On grip with barrel vertical.
| 16 | | (D) On muzzle with barrel vertical.
| 17 | | (E) On either side with barrel horizontal.
| 18 | | (F) If there is an exposed hammer or striker, on the | 19 | | rearmost point of that device, otherwise on the rearmost | 20 | | point of the weapon.
| 21 | | (3) The primer shall be examined for indentations after | 22 | | each drop. If indentations are present, a fresh primed case | 23 | | shall be used for the next drop.
| 24 | | (4) The make and model of handgun shall pass this test if | 25 | | each of the 3 test guns does not fire the primer.
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| 1 | | Section 15. Firing requirement for handguns. | 2 | | (a) The handguns of the make and model for which | 3 | | certification is sought, and which are to be tested under this | 4 | | Section, may not be refined or modified in any way from those | 5 | | that would be made available for retail sale if certification | 6 | | is granted. The magazines of a tested handgun shall be | 7 | | identical to those that would be provided with the handgun to a | 8 | | retail customer.
| 9 | | (b) The firing requirement for handguns test shall be | 10 | | conducted as follows:
| 11 | | (1) The laboratory shall fire 600 rounds from each gun, | 12 | | stopping after each series of 50 rounds has been fired for | 13 | | 5 to 10 minutes to allow the weapon to cool, stopping after | 14 | | each series of 100 rounds has been fired to tighten any | 15 | | loose screws and clean the gun in accordance with the | 16 | | manufacturer's instructions, and stopping as needed to | 17 | | refill the empty magazine or cylinder to capacity before | 18 | | continuing.
| 19 | | (2) The ammunition used shall be of the type | 20 | | recommended by the handgun manufacturer in the user manual, | 21 | | or if none is recommended, any standard ammunition of the | 22 | | correct caliber in new condition that is commercially | 23 | | available.
| 24 | | (c) A handgun shall pass this test if each of the 3 test | 25 | | guns meets both of the following:
| 26 | | (1) Fires the first 20 rounds without a malfunction |
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| 1 | | that is not due to ammunition that fails to detonate.
| 2 | | (2) Fires the full 600 rounds with no more than 6 | 3 | | malfunctions that are not due to ammunition that fails to | 4 | | detonate and without any crack or breakage of an operating | 5 | | part of the handgun that increases the risk of injury to | 6 | | the user.
| 7 | | (d) If a handgun fails the requirements of either paragraph | 8 | | (1) or (2) of subsection (c) of this Section due to ammunition | 9 | | that fails to detonate, the handgun shall be retested from the | 10 | | beginning of the "firing requirement for handguns" test. A new | 11 | | model of the handgun that failed the test due to ammunition | 12 | | that fails to detonate may be submitted for the test to replace | 13 | | the handgun that failed.
| 14 | | (e) As used in this Section, "malfunction" means a failure | 15 | | to properly feed, fire, or eject a round, or failure of a | 16 | | handgun to accept or eject the magazine, or failure of a | 17 | | handgun's slide to remain open after the magazine has been | 18 | | expended.
| 19 | | Section 20. Unsafe handguns. Any handgun is an unsafe | 20 | | handgun when any of the following is true:
| 21 | | (a) For a revolver:
| 22 | | (1) It does not have a safety device that, either | 23 | | automatically in the case of a double-action firing | 24 | | mechanism, or by manual operation in the case of a | 25 | | single-action firing mechanism, causes the hammer to |
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| 1 | | retract to a point where the firing pin does not rest upon | 2 | | the primer of the cartridge.
| 3 | | (2) It does not meet the firing requirement for | 4 | | handguns.
| 5 | | (3) It does not meet the drop safety requirement for | 6 | | handguns.
| 7 | | (b) For a pistol:
| 8 | | (1) It does not have a positive manually operated | 9 | | safety device, as determined by standards relating to | 10 | | imported guns adopted by the federal Bureau of Alcohol, | 11 | | Tobacco, Firearms and Explosives.
| 12 | | (2) It does not meet the firing requirement for | 13 | | handguns.
| 14 | | (3) It does not meet the drop safety requirement for | 15 | | handguns.
| 16 | | (4) For all center fire semiautomatic pistols, it does | 17 | | not have a chamber load indicator and, if it has a | 18 | | detachable magazine, a magazine disconnect mechanism.
| 19 | | (5) For all rimfire semiautomatic pistols, it does not | 20 | | have a magazine disconnect mechanism, if it has a | 21 | | detachable magazine.
| 22 | | Section 25. Penalty; exceptions. | 23 | | (a) Commencing January 1, 2015, any person in this State | 24 | | who manufactures or causes to be manufactured, imports into the | 25 | | State for sale, keeps for sale, offers or exposes for sale, |
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| 1 | | gives, or lends any unsafe handgun shall be guilty of a petty | 2 | | offense for a first violation, a Class A misdemeanor for a | 3 | | second violation, and Class 4 felony for a third or subsequent | 4 | | violation.
| 5 | | (b) This Section shall not apply to any of the following:
| 6 | | (1) The manufacture in this State, or importation into | 7 | | this State, of any prototype handgun, when the manufacture | 8 | | or importation is for the sole purpose of allowing an | 9 | | independent laboratory certified by the Department under | 10 | | Section 35 to conduct an independent test to determine | 11 | | whether that handgun is prohibited by this Act, and, if | 12 | | not, allowing the Department to add the firearm to the | 13 | | roster of handguns that may be sold in this State under | 14 | | Section 40.
| 15 | | (2) The importation or lending of a handgun by | 16 | | employees or authorized agents of entities determining | 17 | | whether the weapon is prohibited by this Section.
| 18 | | (3) Firearms listed as curios or relics, as defined in | 19 | | Section 478.11 of Title 27 of the Code of Federal | 20 | | Regulations.
| 21 | | (4) The sale or purchase of any handgun, if the handgun | 22 | | is sold to, or purchased by, any federal, State or local | 23 | | law enforcement agency, any State's Attorney's office, or | 24 | | the armed forces of this State or of the United States for | 25 | | use in the discharge of their official duties. Nor shall | 26 | | anything in this Section prohibit the sale to, or purchase |
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| 1 | | by, sworn members of these agencies of any handgun.
| 2 | | (c) Violations of subsection (a) of this Section are | 3 | | cumulative with respect to each handgun and shall not be | 4 | | construed as restricting the application of any other law.
| 5 | | Section 30. Certification by manufacturers and sellers | 6 | | that handguns are not unsafe. | 7 | | (a) Every person who is licensed as a manufacturer of | 8 | | firearms under Chapter 44 (commencing with Section 921) of | 9 | | Title 18 of the United States Code and who manufactures | 10 | | firearms in this State shall certify under penalty of perjury | 11 | | and any other remedy provided by law that every model, kind, | 12 | | class, style, or type of handgun that the person manufactures | 13 | | is not an unsafe handgun as prohibited by this Act.
| 14 | | (b) Every person who imports into the State for sale, keeps | 15 | | for sale, or offers or exposes for sale any handgun shall | 16 | | certify under penalty of perjury and any other remedy provided | 17 | | by law that every model, kind, class, style, or type of handgun | 18 | | that the person imports, keeps, or exposes for sale is not an | 19 | | unsafe handgun as prohibited by this Act.
| 20 | | Section 35. Testing requirement; certification of | 21 | | laboratories; test report. | 22 | | (a) Any handgun manufactured in this State, imported into | 23 | | the State for sale, kept for sale, or offered or exposed for | 24 | | sale, shall be tested within a reasonable period of time by an |
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| 1 | | independent laboratory certified under subsection (b) of this | 2 | | Section to determine whether that handgun meets or exceeds the | 3 | | standards defined in Section 20.
| 4 | | (b) On or before October 1, 2014, the Department shall | 5 | | certify laboratories to verify compliance with the standards | 6 | | defined in Section 20. The Department may charge any laboratory | 7 | | that is seeking certification to test any handgun as provided | 8 | | in this Act, a fee not exceeding the costs of certification.
| 9 | | (c) The certified testing laboratory shall, at the | 10 | | manufacturer's or importer's expense, test the handgun and | 11 | | submit a copy of the final test report directly to the | 12 | | Department along with a prototype of the handgun to be retained | 13 | | by the Department. The Department shall notify the manufacturer | 14 | | or importer of its receipt of the final test report and the | 15 | | Department's determination as to whether the handgun tested may | 16 | | be sold in this State.
| 17 | | (d) No center-fire semiautomatic pistol may be submitted | 18 | | for testing as provided in this Act if it does not have a | 19 | | chamber load indicator and, if it has a detachable magazine, a | 20 | | magazine disconnect mechanism. No rimfire semiautomatic pistol | 21 | | may be submitted for testing as provided in this Act if it has | 22 | | a detachable magazine and does not have a magazine disconnect | 23 | | mechanism.
| 24 | | Section 40. Roster of firearms determined not to be unsafe; | 25 | | fee for maintenance of roster. |
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| 1 | | (a) On and after January 1, 2015, the Department shall | 2 | | compile, publish, and thereafter maintain on its website a | 3 | | roster listing all of the handguns that have been tested by a | 4 | | certified testing laboratory, have been determined not to be | 5 | | unsafe handguns, and may be sold in this State under this Act. | 6 | | The roster shall list, for each handgun, the manufacturer, | 7 | | model number, and model name.
| 8 | | (b)(1) The Department may charge every person in this | 9 | | State who is licensed as a manufacturer of firearms under | 10 | | Chapter 44 (commencing with Section 921) of Title 18 of the | 11 | | United States Code, and any person in this State who | 12 | | manufactures or causes to be manufactured, imports into the | 13 | | State for sale, keeps for sale, or offers or exposes for | 14 | | sale any handgun in this State, an annual fee not exceeding | 15 | | the costs of preparing, publishing, and maintaining the | 16 | | roster under subsection (a) of this Section and the costs | 17 | | of research and development, report analysis, firearms | 18 | | storage, and other program infrastructure costs necessary | 19 | | to implement this Act.
| 20 | | (2) Any handgun that is manufactured by a manufacturer | 21 | | who manufactures or causes to be manufactured, imports into | 22 | | the State for sale, keeps for sale, or offers or exposes | 23 | | for sale any handgun in this State, and who fails to pay | 24 | | any fee required under paragraph (1) of this subsection, | 25 | | may be excluded from the roster.
| 26 | | (3) If a purchaser has initiated a transfer of a |
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| 1 | | handgun that is listed on the roster as not unsafe, and | 2 | | prior to the completion of the transfer, the handgun is | 3 | | removed from the roster of not unsafe handguns because of | 4 | | failure to pay the fee required to keep that handgun listed | 5 | | on the roster, the handgun shall be deliverable to the | 6 | | purchaser, if the purchaser is not otherwise prohibited | 7 | | from purchasing or possessing the handgun. However, if a | 8 | | purchaser has initiated a transfer of a handgun that is | 9 | | listed on the roster as not unsafe, and prior to the | 10 | | completion of the transfer, the handgun is removed from the | 11 | | roster under subsection (d) of Section 45, the handgun | 12 | | shall not be deliverable to the purchaser.
| 13 | | Section 45. Retesting of handguns on roster. | 14 | | (a) The Director may annually retest up to 5 percent of the | 15 | | handgun models that are listed on the roster described in | 16 | | subsection (a) of Section 40.
| 17 | | (b) The retesting of a handgun model under subsection (a) | 18 | | of this Section shall conform to the following:
| 19 | | (1) The Director shall obtain from retail or wholesale | 20 | | sources, or both, 3 samples of the handgun model to be | 21 | | retested.
| 22 | | (2) The Director shall select the certified laboratory | 23 | | to be used for the retesting.
| 24 | | (3) The ammunition used for the retesting shall be of a | 25 | | type recommended by the manufacturer in the user manual for |
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| 1 | | the handgun. If the user manual for the handgun model makes | 2 | | no ammunition recommendation, the Director shall select | 3 | | the ammunition to be used for the retesting. The ammunition | 4 | | shall be of the proper caliber for the handgun, | 5 | | commercially available, and in new condition.
| 6 | | (c) The retest shall be conducted in the same manner as the | 7 | | testing prescribed in Sections 10 and 15.
| 8 | | (d) If the handgun model fails retesting, the Director | 9 | | shall remove the handgun model from the roster maintained under | 10 | | subsection (a) of Section 40.
| 11 | | Section 50. Removal of handgun from roster. | 12 | | (a) A handgun model removed from the roster under | 13 | | subsection (d) of Section 45 may be reinstated on the roster if | 14 | | all of the following are met:
| 15 | | (1) The manufacturer petitions the Director for | 16 | | reinstatement of the handgun model.
| 17 | | (2) The manufacturer pays the Department for all of the | 18 | | costs related to the reinstatement testing of the handgun | 19 | | model, including the purchase price of the handguns, prior | 20 | | to reinstatement testing.
| 21 | | (3) The reinstatement testing of the handguns shall be | 22 | | in accordance with subsections (b) and (c) of Section 45.
| 23 | | (4) The 3 handgun samples shall be tested only once for | 24 | | reinstatement. If the sample fails it may not be retested.
| 25 | | (5) If the handgun model successfully passes testing |
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| 1 | | for reinstatement, and if the manufacturer of the handgun | 2 | | is otherwise in compliance with this Act, the Director | 3 | | shall reinstate the handgun model on the roster maintained | 4 | | under subsection (a) of Section 40.
| 5 | | (6) The manufacturer shall provide the Director with | 6 | | the complete testing history for the handgun model.
| 7 | | (b) Notwithstanding subsection (a) of Section 45, the | 8 | | Director may at any time, in his or her discretion, further | 9 | | retest any handgun model that has been reinstated to the | 10 | | roster.
| 11 | | Section 55. Listing of handguns differing only | 12 | | cosmetically from handguns on roster. | 13 | | (a) A handgun shall be deemed to satisfy the requirements | 14 | | of subsection (a) of Section 40 if another handgun made by the | 15 | | same manufacturer is already listed and the unlisted handgun | 16 | | differs from the listed handgun only in one or more of the | 17 | | following features:
| 18 | | (1) Finish, including, but not limited to, bluing, | 19 | | chrome-plating, oiling, or engraving.
| 20 | | (2) The material from which the grips are made.
| 21 | | (3) The shape or texture of the grips, so long as the | 22 | | difference in grip shape or texture does not in any way | 23 | | alter the dimensions, material, linkage, or functioning of | 24 | | the magazine well, the barrel, the chamber, or any of the | 25 | | components of the firing mechanism of the handgun.
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| 1 | | (4) Any other purely cosmetic feature that does not in | 2 | | any way alter the dimensions, material, linkage, or | 3 | | functioning of the magazine well, the barrel, the chamber, | 4 | | or any of the components of the firing mechanism of the | 5 | | handgun.
| 6 | | (b) Any manufacturer seeking to have a handgun listed under | 7 | | this Section shall provide to the Department all of the | 8 | | following:
| 9 | | (1) The model designation of the listed handgun.
| 10 | | (2) The model designation of each handgun that the | 11 | | manufacturer seeks to have listed under this Section.
| 12 | | (3) A statement, under oath, that each unlisted handgun | 13 | | for which listing is sought differs from the listed handgun | 14 | | only in one or more of the ways identified in subsection | 15 | | (a) of this Section and is in all other respects identical | 16 | | to the listed handgun.
| 17 | | (c) The Department may, in its discretion and at any time, | 18 | | require a manufacturer to provide to the Department any model | 19 | | for which listing is sought under this Section, to determine | 20 | | whether the model complies with the requirements of this | 21 | | Section.
| 22 | | Section 60. Exceptions for certain revolvers and pistols. | 23 | | (a) This Act shall not apply to a single-action revolver | 24 | | that has at least a 5-cartridge capacity with a barrel length | 25 | | of not less than 3 inches, and meets any of the following |
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| 1 | | specifications:
| 2 | | (1) Was originally manufactured prior to 1900 and is a | 3 | | curio or relic, as defined in Section 478.11 of Title 27 of | 4 | | the Code of Federal Regulations, or is a replica of such a | 5 | | revolver.
| 6 | | (2) Has an overall length measured parallel to the | 7 | | barrel of at least 7 and one-half inches when the handle, | 8 | | frame or receiver, and barrel are assembled.
| 9 | | (3) Has an overall length measured parallel to the | 10 | | barrel of at least 7 and one-half inches when the handle, | 11 | | frame or receiver, and barrel are assembled and that is | 12 | | currently approved for importation into the United States | 13 | | under the provisions of paragraph (3) of subsection (d) of | 14 | | Section 925 of Title 18 of the United States Code.
| 15 | | (b) This Act shall not apply to a single-shot pistol with a | 16 | | barrel length of not less than 6 inches and that has an overall | 17 | | length of at least 10 and one-half inches when the handle, | 18 | | frame or receiver, and barrel are assembled.
| 19 | | Section 65. Exception for pistols designed for Olympic | 20 | | target shooting. | 21 | | (a) The General Assembly finds a significant public purpose | 22 | | in exempting pistols that are designed expressly for use in | 23 | | Olympic target shooting events. Therefore, those pistols that | 24 | | are sanctioned by both the International Olympic Committee and | 25 | | USA Shooting (the national governing body for international |
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| 1 | | shooting competition in the United States), that are used for | 2 | | Olympic target shooting purposes, and that fall within the | 3 | | definition of "unsafe handgun" under paragraph (3) of | 4 | | subsection (b) of Section 20 shall be exempt from the | 5 | | provisions of this Act, as provided in subsection (b) of this | 6 | | Section. | 7 | | (b) The Department shall create a program that is | 8 | | consistent with the purpose stated in subsection (a) of this | 9 | | Section to exempt specific models of competitive firearms from | 10 | | this Act, and shall publish on its website a list of those | 11 | | specific models. The exempt competitive firearms may be based | 12 | | on recommendations by USA Shooting consistent with the | 13 | | regulations contained in the USA Shooting Official Rules or may | 14 | | be based on the recommendation or rules of any other | 15 | | organization that the Department deems relevant. | 16 | | Section 70. Exception for certain sales, loans, and | 17 | | transfers. This Act shall not apply to any of the following: | 18 | | (1) The sale, loan, or transfer of any handgun described in | 19 | | subsection (b) of Section 25, for the purposes set forth in | 20 | | that Section. | 21 | | (2) The sale, loan, or transfer of any handgun listed as a | 22 | | curio or relic, as defined in Section 478.11 of Title 27 of the | 23 | | Code of Federal Regulations. | 24 | | (3) The sale, loan, or transfer of any handgun that is to | 25 | | be used solely as a prop during the course of a motion picture, |
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| 1 | | television, or video production by an authorized participant | 2 | | therein in the course of making that production or event or by | 3 | | an authorized employee or agent of the entity producing that | 4 | | production or event. | 5 | | (4) The sale, loan, or transfer of any handgun that has | 6 | | been altered to render it permanently inoperable.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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