BILL ANALYSIS
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THIRD READING
Bill No: AB 1363
Author: Davis (D)
Amended: 4/13/09 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/16/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg
NO VOTE RECORDED: Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 5/18/09 - See last page for vote
SUBJECT : Handguns: open carry licenses
SOURCE : Los Angeles County Sheriffs Department
DIGEST : This bill clarifies that any licenses issued, as
specified, by a sheriff or police chief in a jurisdiction
with a population under 200,000, to openly carry a loaded
handgun, are valid only within the county in which they are
issued.
ANALYSIS : Existing law provides that, subject to a
number of specified exceptions, a person is guilty of
carrying a loaded firearm when he or she carries a loaded
firearm on his or her person or in a vehicle while in any
public place or on any public street in an incorporated
city or in any public place or on any public street in a
prohibited area of unincorporated territory. (Penal Code
CONTINUED
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Section 12031(a)(1).)
Existing law provides that carrying a loaded firearm in
public, as specified, is punishable, as follows:
1.Where the person previously has been convicted of any
felony, or of any crime made punishable by this chapter,
as a felony.
2.Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen as a
felony.
3.Where the person is an active participant in a criminal
street gang, as defined, as a felony.
4.Where the person is not in lawful possession of the
firearm, as defined in this section, or is within a class
of persons prohibited from possessing or acquiring a
firearm, as specified, as a felony.
5.Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug
violation, by imprisonment in the state prison, or by
imprisonment in a county jail not to exceed one year, by
a fine not to exceed $1,000, or by both that imprisonment
and fine.
6.Where the person is not listed with the Department of
Justice as the registered owner of the pistol, revolver,
or other firearm capable of being concealed upon the
person, by imprisonment in the state prison, or by
imprisonment in a county jail not to exceed one year, or
by a fine not to exceed $1,000, or both that fine and
imprisonment.
7.In all cases other than those specified above, as a
misdemeanor, punishable by imprisonment in a county jail
not to exceed one year, by a fine not to exceed $1,000,
or by both that imprisonment and fine.
(Penal Code Section 12031(a)(2).)
Existing law provides an exception to the prohibition
against carrying a loaded firearm in public for holders of
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licenses to carry concealed handguns. (Penal Code Section
12031(b)(6).)
Existing law provides that the sheriff of a county or the
chief or other head of a municipal police department of any
city or city and county, upon proof that the person
applying is of good moral character, that good cause exists
for the issuance, and that the person applying either lives
or works in the county (or city in the case of a police
chief), as specified, and has completed a course of
training as specified, may issue to that person a license
to carry a pistol, revolver, or other firearm capable of
being concealed upon the person in either one of the
following formats:
1.A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
2.Where the population of the county is less than 200,000,
persons according to the most recent federal decennial
census, a license to carry loaded and exposed in that
county a pistol, revolver, or other firearm capable of
being concealed upon the person.
(Penal Code Section 12050(a)(1)(A)&(B), emphasis added.)
Existing law provides that, if the license is one to carry
concealed a pistol, revolver, or other firearm capable of
being concealed upon the person, then it may not be revoked
solely because the licensee changes his or her place of
residence to another county if the licensee has not
breached any conditions or restrictions set forth in the
license and has not become prohibited by state or federal
law from possessing, receiving, owning, or purchasing a
firearm. However, any license issued to private citizens,
as specified, shall expire 90 days after the licensee moves
from the county of issuance if the licensee's place of
residence was the basis for issuance of the license.
(Penal Code Section 12050(f)(4)(B).)
Existing law provides that a license to carry a concealed
handgun may be issued for any amount of time not to exceed
two years form the date of issuance, unless issued to a
judge or magistrate (valid for up to three years) or
specified custodial employees or reserve peace officers
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(valid for up to four years). (Penal Code Section
12050(a)(2).)
Existing law provides that if a license to carry a pistol,
revolver, or other firearm capable of being concealed upon
the person is granted by the sheriff or a county to an
applicant based on the fact that the applicant spends a
substantial amount of time employed within the county, such
a license is valid only in the county issued and is valid
for any period of time not to exceed 90 days from the date
of issuance. (Penal Code Section 12050(a)(2)(A)(ii).)
Existing law provides that if the license is one to carry
loaded and exposed a pistol, revolver, or other firearm
capable of being concealed upon the person, the license
shall be revoked immediately if the licensee changes his or
her place of residence to another county. (Penal Code
Section 12050(f)(4)(B)&(C).)
This bill clarifies that any licenses issued, as specified,
by a sheriff or police chief in a county with a population
under 200,000, to openly carry a loaded handgun, are valid
only within the county in which they are issued.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/29/09)
Los Angeles County Sheriff's Department (source)
California Brady Campaign Chapters
Legal Community Against Violence
ARGUMENTS IN SUPPORT : According to the author's office,
"Section 12050 of the California Penal Code allows the
sheriff of the county or a chief of police to issue a
concealed weapons permit (also known as a CCW permit) to
applicants they deem acceptable according to prescriptions
by law. If approved, the applicant can carry a concealed
and loaded gun. This section also allows both sheriff's
and police chiefs in a county with a population of less
than 200,000 to allow an applicant to carry a loaded and
exposed weapon, but only in that county with a population
of less than 200,000.
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"Some of these people that have been authorized to carry a
loaded and exposed weapon have been going to other
counties, with a population of over 200,000, with the
loaded and exposed weapon, which is a violation of their
CCW authorization. Currently in law, Section 12031 of the
California Penal Code, which is the law making it illegal
to carry a loaded firearm in public, provides for an
exception to an individual who has a CCW permit. However,
the exception does not appropriately address the two
different CCW authorizations. By making a simple language
change to the exception, Section 12031 will properly
address the two different CCW authorizations and provide a
penalty for individuals who abuse their CCW privileges."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Eng, Price, Saldana
RJG:cm 6/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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