Understanding California’s Unsafe Handgun Act and Single-Shot Exemption

Overview of the Unsafe Handgun Act

California’s Unsafe Handgun Act, enacted in 2001, is a cornerstone of the state’s firearm regulation framework, designed to enhance public safety by restricting the sale and manufacture of handguns deemed “unsafe.” The Act requires handguns sold commercially in California to meet specific safety and performance standards, ensuring they are reliable and equipped with features to prevent accidental discharges or misuse. The California Department of Justice (DOJ) maintains a roster of handguns certified for sale, which includes models that have passed rigorous firing, safety, and drop tests conducted by certified laboratories.

To be included on the roster, new handgun models must typically have:

• A chamber load indicator to show when the firearm is loaded.
• A magazine disconnect mechanism to prevent firing when the magazine is removed.
• Microstamping technology (for semiautomatic pistols developed after January 2007, with expanded requirements starting January 1, 2028, for all semiautomatic handguns sold by licensed dealers).

The Act applies to commercial sales by licensed dealers but does not generally cover private party transfers or firearms classified as curios or relics (firearms at least 50 years old or of significant historical value). Handguns not on the roster are considered “unsafe” and are prohibited from being manufactured, imported for sale, sold, offered for sale, given, or lent within the state, except under specific exemptions.

Penalties for Non-Compliance

Violating the Unsafe Handgun Act is a serious offense. Individuals or businesses who manufacture, import for sale, keep for sale, offer for sale, give, or lend an unsafe handgun face criminal penalties, including:

• Imprisonment in a county jail for up to one year.
• Fines of up to $1,000 per violation.
• Potential civil liabilities.

Each handgun involved in a violation is treated as a separate offense, making penalties cumulative. Additionally, improper storage of an unsafe handgun in an unattended vehicle can result in an infraction punishable by a fine of up to $1,000.

The Single-Shot Exemption

The Unsafe Handgun Act includes exemptions that allow certain firearms to bypass the roster requirements. One key exemption pertains to single-shot pistols, which was significantly modified by Assembly Bill (AB) 1964, effective January 1, 2015. This amendment tightened the exemption to prevent the circumvention of roster requirements through the conversion of semiautomatic pistols.

Elements of the Single-Shot Exemption

Under California Penal Code Section 32100(b), the single-shot exemption is defined as follows:

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.

Explanation in Plain English

The single-shot exemption allows certain single-shot pistols to be sold in California without being on the DOJ’s roster, but it comes with strict criteria to ensure compliance with the Act’s safety goals. Here’s a breakdown of each element:

1. Must Be a Single-Shot Pistol: The firearm must be designed to fire only one round at a time, requiring manual reloading after each shot. This distinguishes it from semiautomatic pistols, which can fire multiple rounds without reloading.
2. Must Have a Break Top or Bolt Action: The pistol must operate using a break-top mechanism (where the barrel hinges open to load a single round) or a bolt-action mechanism (where a bolt is manually operated to chamber a round). These mechanisms ensure the firearm cannot function like a semiautomatic pistol.
3. Barrel Length of at Least 6 Inches: The barrel, measured from the muzzle to the breech, must be at least 6 inches long. This requirement ensures the firearm is not easily concealable, aligning with safety and regulatory goals.
4. Overall Length of at Least 10½ Inches: When fully assembled (including the handle, frame or receiver, and barrel), the pistol must measure at least 10½ inches in length, measured parallel to the barrel. This further limits concealability and reinforces the single-shot design’s intended use.
5. Must Be “Born” Single-Shot: The exemption explicitly excludes semiautomatic pistols that have been temporarily or permanently modified to function as single-shot pistols. This means the firearm must be originally manufactured as a single-shot pistol with a break-top or bolt-action mechanism. For example, a semiautomatic Glock or Springfield XD converted to single-shot mode (e.g., by using a magazine block or extended barrel) does not qualify for the exemption. This provision, introduced by AB 1964, closed a loophole where dealers would modify semiautomatic pistols to meet the exemption and later convert them back to semiautomatic after sale.

Implications of the Exemption

The single-shot exemption was historically used to allow the sale of off-roster handguns by converting semiautomatic pistols to single-shot configurations. Before AB 1964, federal firearms licensed dealers (FFLs) could sell these modified pistols, which buyers would then convert back to semiautomatic after purchase. The 2015 amendment eliminated this practice, limiting the exemption to purpose-built single-shot pistols with break-top or bolt-action mechanisms.

The California Department of Justice has opined on their website that converting a single-shot pistol to a semiautomatic configuration after purchase may be considered “manufacturing” an unsafe handgun under California law, which is a misdemeanor violation of Penal Code Section 32000(a). However, our firm has requested clarification and the law that supports the DOJ’s conclusion via the Public Records Act, and was provided no supporting documentation. Thus, the line between permitted modification and assemblies, and manufacturing has yet to be clarified in this context.

Conclusion

California’s Unsafe Handgun Act establishes stringent safety standards for handguns sold in the state, with the single-shot exemption providing a limited exception for specific firearms. The exemption, as amended by AB 1964, applies only to single-shot pistols with break-top or bolt-action mechanisms, a minimum barrel length of 6 inches, and an overall length of at least 10½ inches, which must be originally manufactured as single-shot. These requirements ensure that only purpose-built single-shot firearms qualify. Understanding the Act and its exemptions is essential for manufacturers, dealers, and gun owners to navigate California’s complex firearm regulations while avoiding significant legal penalties.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Individuals should consult with a qualified firearms attorney, such as those at The Davis Law Firm, to obtain advice tailored to their specific circumstances and jurisdiction. Laws and regulations governing shooting ranges vary by state and locality, and compliance with all applicable federal, state, and local laws is the responsibility of the range owner. The Davis Law Firm and the authors of this article are not liable for any actions taken or not taken based on the information provided herein.