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
U.S. Supreme Court Schedules NRA-Supported Second Amendment Case for Argument

News  

Friday, September 20, 2019

U.S. Supreme Court Schedules NRA-Supported Second Amendment Case for Argument

In January, the U.S. Supreme Court agreed to hear a Second Amendment challenge to a gun control law for the first time in nearly 10 years. The case arose from a New York City regulation that banned ...

Beto Going All-In on Confiscation

News  

Sunday, September 15, 2019

Beto Going All-In on Confiscation

Democrat Presidential candidate Beto O’Rourke continues to struggle to gain any sort of traction for his campaign. With some polls putting him in 10th place, and his average sitting around 7th, some might say that it is desperation ...

NRA Names Jason Ouimet to Head NRA Institute for Legislative Action

News  

Hunting  

Thursday, September 19, 2019

NRA Names Jason Ouimet to Head NRA Institute for Legislative Action

The National Rifle Association’s executive vice president and CEO, Wayne LaPierre, has named Jason Ouimet to serve as executive director of the NRA’s Institute for Legislative Action (NRA-ILA). The NRA Board of Directors unanimously affirmed ...

California: Carson City Council Fails to Pass Unconstitutional Resolution Targeting Lawful Firearm Possession and Sales

Wednesday, September 18, 2019

California: Carson City Council Fails to Pass Unconstitutional Resolution Targeting Lawful Firearm Possession and Sales

Yesterday, September 17, the Carson City Council failed to pass anti-gun Resolution 19-1693.  ​The resolution was being pushed by Mayor Albert Robles in an effort to prohibit firearm dealers and firearm possession in the City of Carson to the ...

Tell Your Lawmakers: No Semi-Auto and Magazine Ban!

News  

Sunday, September 15, 2019

Tell Your Lawmakers: No Semi-Auto and Magazine Ban!

The Democrat Party is now so aligned with gun control that every major candidate running for its 2020 presidential nomination recently appeared in a propaganda video produced by one of the nation’s most active firearm prohibition groups. ...

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

Friday, September 20, 2019

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

On September 19th, Wisconsin Governor Tony Evers, Attorney General Josh Kaul, Representative Melissa Sargent (D-48), and Senator Lena Taylor (D-4) held a press conference calling on the Legislature to violate the Second Amendment by: 1) ...

NRA Files Suit Against San Francisco for Violating First Amendment

News  

Sunday, September 15, 2019

NRA Files Suit Against San Francisco for Violating First Amendment

On September 3, the San Francisco Board of Supervisors smeared millions of law-abiding Americans by unanimously adopting a resolution that designated NRA a “domestic terrorist organization.” Less than one week later, on September 9, NRA filed a federal lawsuit ...

New Hampshire: House to Vote on Gov. Sununu's Vetoes of Anti-Gun Bills

Tuesday, September 17, 2019

New Hampshire: House to Vote on Gov. Sununu's Vetoes of Anti-Gun Bills

On Wednesday, September 18th, the New Hampshire House of Representatives will vote on Governor Chris Sununu's vetoes of three anti-gun bills sent to his desk by the General Court.  Anti-gun Representatives who remain stubbornly committed to ...

NASCAR Takes a Hard Left

News  

Friday, August 30, 2019

NASCAR Takes a Hard Left

After decades of NASCAR drivers literally turning left for hours every race day (road course races excluded, of course), the governing body appears to be taking a figurative left turn, politically. K-Var, a retailer in outdoor and ...

House Democrats Continue Unprecedented Push for More Gun Control

News  

Sunday, September 15, 2019

House Democrats Continue Unprecedented Push for More Gun Control

As was continually threatened while Congress was on its six-week Summer break, House Democrats hastily convened a hearing on Tuesday to promote their latest batch of anti-gun bills.  The House Judiciary Committee’s markup of three bills, ...

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.