BILL NUMBER: AB 2566 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2008
INTRODUCED BY Assembly Member Hancock
FEBRUARY 22, 2008
An act to amend Section 53071 of the Government Code, and
to amend Section 12026 of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2566, as amended, Hancock. Firearms: prohibitions.
Existing law states the intention of the Legislature to occupy the
whole field of regulation of the registration or licensing of
commercially manufactured firearms, and that those provisions shall
be exclusive of all local regulations relating to registration or
licensing of commercially manufactured firearms by local government
entities, as specified.
This bill would except from those provisions the regulation of the
registration or licensing of handguns, as specified.
Existing law provides that no permit or license to purchase, own,
possess, keep, or carry, either openly or concealed, shall be
required of any citizen of the United States or legal resident over
the age of 18 years who resides or is temporarily within this state,
and who is not within the excepted classes, as specified, to
purchase, own, possess, keep, or carry, either openly or concealed, a
handgun within the citizen's or legal resident's place of residence,
place of business, or on private property owned or lawfully
possessed by the citizen or legal resident.
This bill would provide that, these
neither those provisions nor any other provisions may
not be construed to prohibit the regulation by a city, county, or
city and county of the possession of handguns of law
would limit the authority of any city, county, or city and county to
regulate or prohibit the purchase, sale, ownership, possession,
keeping, carrying, manufacture, transfer, or distribution
of handguns within the jurisdictional limits of that city, county, or
city and county, provided however, that any local regulation would
be required to exempt peace officers and the transportation of
handguns through the local juri sdiction, as specified,
from the application of the local regulation .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53071 of the
Government Code is amended to read:
53071. It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing of commercially
manufactured firearms as encompassed by the provisions of the Penal
Code, with the exception of handguns, as defined in Section
12001 of the Penal Code, and such those
provisions shall be exclusive of all local regulations,
relating to registration or licensing of commercially manufactured
firearms, with the exception of handguns, as defined
in Section 12001 of the Penal Code, by any political
subdivision as defined in Section 1721 of the Labor Code.
SECTION 1. SEC. 2. Section 12026 of
the Penal Code is amended to read:
12026. (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.
(b) No (1) Except as
provided in paragraph (2), no permit or license to purchase,
own, possess, keep, or carry, either openly or concealed, shall be
required of any citizen of the United States or legal resident over
the age of 18 years who resides or is temporarily within this state,
and who is not within the excepted classes prescribed by Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code, to purchase, own, possess, keep, or carry,
either openly or concealed, a pistol, revolver, or other firearm
capable of being concealed upon the person within the citizen's or
legal resident's place of residence, place of business, or on private
property owned or lawfully possessed by the citizen or legal
resident, provided however, that nothing in this section
shall be construed to prohibit the regulation by a city, county, or
city and county of the possession of handguns.
resident.
(2) Neither paragraph (1) nor any other provision of law shall
limit the authority of any city, county, or city and county to
regulate or prohibit the purchase, sale, ownership, possession,
keeping, carrying, manufacture, transfer, or distribution of handguns
within the jurisdictional limits of that city, county, or city and
county, provided however, that any local regulation authorized by
this paragraph shall exempt the transportation of handguns in
compliance with state law through the local jurisdiction from the
application of the local regulation, and further provided, that any
local regulation authorized by this paragraph shall exempt peace
officers from the application of the local regulation.
(c) Nothing in this section shall be construed as affecting the
application of Section 12031.