Explore The NRA Universe Of Websites

APPEARS IN News

Police Face Liability For Carrying Handguns Deemed "Unsafe" Under New Gun Law

Monday, February 5, 2001

Replacing Police Firearms Could Cost Millions Police Departments throughout the state are struggling to address their increased liability for firearm accidents inadvertently created by SB 15 - 1999 (Polanco, D-Los Angeles). SB 15 declares every handgun "unsafe" unless it passes a series of state mandated performance tests. Because the bill only allows manufacturers to submit guns for testing, and because only current production handgun models have been submitted by those manufacturers, all previous production models carried by police departments across the state are branded "unsafe" by the law, regardless of their quality and safety features. Although law enforcement agencies are exempt from restrictions on buying the guns under the new law, the is no provision immunizing them from the increased liability resulting from carrying an untested "unsafe" handgun. In response to a Public Records Act request done at the behest of the CRPA and NRA, police departments across the state identified the guns they have approved for on and off duty carry. Most of these firearms have not been tested, and many would not pass even if they were. For example, the unique guns carried by the California Highway Patrol are currently untested and thus "unsafe" under the provisions of the new law. Several attorneys representing city and county governments have already advised their police departments against allowing the guns to be carried by their officers, and have contacted the Attorney General about the increased liability problem. At least one Department, Fresno`s Sheriff, has already revised its policy so officers can`t carry untested guns. Although the Attorney General`s office has denied that police departments face increased exposure, their position is based on the assumption that all police guns would pass the required tests. The Attorney General has not addressed the issue of police liability for carrying guns, either on or off duty, that the department has approved but that would not pass the tests, or whether not testing police guns might itself be negligence. Police practices are also starting to be reviewed by risk assessment departments and municipal insurance companies. Law enforcement agencies may have to spend millions of taxpayer dollars to buy new current production guns to replace the ones they have now in order to avoid costly lawsuits resulting from the use of "unsafe" handguns by their own personnel. This will necessitate their current guns either being destroyed or sold out of state. Jim Erdman, Executive Director of the CRPA, stated: "This is exactly the same situation as if the state, by law, had declared everything except this year`s models of automobiles to be unsafe and made illegal for used car dealers to sell them . . . and it is every bit as unsound in logic and fairness to millions of Californians who either own last year`s model already or would like to shop at a dealership to buy one." Many law enforcement agencies, on advice of legal counsel, are also prohibiting civilian holders of permits to carry concealed weapons from carrying non-current production, untested handgun models. "Since most carry high quality guns they have owned for a long time, the new law will force them to buy another gun that is in current production just to be in compliance with the unintended consequences of SB15," says Erdman. "The real effect of SB15 will be the sale of more guns, not less. And with respect to models not currently in production, many will no doubt be sold illegally on the streets and other places instead of through a licensed firearm dealer. Dealer sales include registration, a criminal and mental history background check, and a buyer`s ten day waiting period. Non-dealer sales do not. This is what happens when bills are rushed through the legislative process without adequate consideration being given to the details of their drafting and implementation. The liability concerns follow a California Legislative Counsel`s Office (which acts as the legal counsel to the State Legislature) opinion issued just last week (#21239) interpreting SB 15 and condemning a California Department of Justice (DOJ) policy allowing dealers to conduct consignment sales of untested handguns. As a result, gun dealers who, relying on the DOJ policy, facilitated private party "consignment" sales of handguns since the first of the year face possible prosecution. The registered handgun sales are subject to invalidation, and the registered guns may be confiscated. And most gun dealers, who relied on private party consignment sales for the majority of their profits, face insolvency.
TRENDING NOW
“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

News  

Monday, July 15, 2019

“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

Facebook has teamed up with what it calls “third-party fact-checkers” to punish users of its platform that post information embarrassing or inconvenient to the political outlook of its principals. Yet like most sources of what ...

Hollywood Fantasy v. Reality on Firearm Suppressors

News  

Monday, July 15, 2019

Hollywood Fantasy v. Reality on Firearm Suppressors

It’s no secret that Hollywood has a very loose relationship with reality.  The movie industry, after all, is based on fantasy and escapism, and that’s not necessarily a bad thing.  If someone wants to forget ...

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

News  

Monday, July 15, 2019

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

On Monday, Eric Swalwell became the first of the many pretenders for the Democrat presidential nomination to bow (or perhaps slink) out of the race. The U.S. Congressman from California’s 15th District had tried to distinguish himself from ...

California: City of San Diego Considers Gun Control Ordinance

Friday, July 12, 2019

California: City of San Diego Considers Gun Control Ordinance

San Diego City Attorney, Mara Elliott has asked the City Council to consider a draft ordinance that would require mandatory locked storage of firearms in the home and would propose a conflicting law regarding the reporting of ...

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

Wednesday, July 3, 2019

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

CRPA, with the support of NRA, challenged the ammunition background check law in court months ago with the filing of the Rhode v. Becerra case. The lead plaintiff in the case is Olympic gold medalist shooter ...

Hawaii: Governor Ige Signs Anti-Gun Legislation

Wednesday, July 10, 2019

Hawaii: Governor Ige Signs Anti-Gun Legislation

On July 9th, Governor David Ige signed the final remaining anti-gun bill awaiting his consideration, Senate Bill 600. This comes on the heels of him signing Senate Bill 1466 on June 27th. 

Vox Wants to Take Your Guns

News  

Monday, July 8, 2019

Vox Wants to Take Your Guns

A conspiracy relies on secrecy. Some are, perhaps, never uncovered. Others are exposed by the conspirators themselves, who cannot help but share the details whether from arrogance or anxiousness. For years, law-abiding gun owners and ...

NRA Statement On Virginia Special Session

News  

Tuesday, July 9, 2019

NRA Statement On Virginia Special Session

FAIRFAX, Va.–   The interim executive director of the National Rifle Association Institute for Legislative Action, Jason Ouimet, released the following statement today regarding the special session in Virginia:  "The National Rifle Association has a long ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

California: Legislature Breaks for Summer Recess

Sunday, July 14, 2019

California: Legislature Breaks for Summer Recess

The California Legislature has recessed for the summer and will return August 12 from the break. Last week, the following actions were taken by the Senate Public Safety Committee, Senate Natural Resources, and both the Senate ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.