BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1363| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 1363 Page 2 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 AB 1363 Page 3 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 AB 1363 Page 4 (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 OPPOSITION : (Verified 7/10/09) California Association of Firearms Retailers California Sportsman's Lobby Outdoor Sportsmen's Coalition of California Safari Club International 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 AB 1363 Page 5 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. "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." ARGUMENTS IN OPPOSITION : The California Association of Firearms Retailers states that, "?after carefully reviewing the bill and the overall discussion this year in the Legislature on the Concealed Carry Permits, we believe this is a piecemeal approach to this issue and that a comprehensive review of the CCW process is needed. We have supported such efforts in the Legislature over the years, including this year's AB 357 which was defeated in the policy committee. We argued that persons who are not lawfully prohibited from possessing firearms should be able to obtain a CCW. It should be their right and not determined by an issuing agency. "We do not see a need for t his bill. It has been argued that under current law there is no penalty for violating the statutes. It seems clear that is not the case since the issuing authority has the ability to withdraw the permit from the recipient for any violation of the provisions of the permit. "We believe this bill could lead to further limitations in those permits. We would like to see the Legislature and AB 1363 Page 6 the sponsor that opposes CCE reform to work with all the parties to define a comprehensive CCW process that provides equal protection to all citizens and does not discriminate based on the jurisdiction in which the individual resides. The sponsor, the LA Sheriffs Office, consistently sponsors legislation in the area to impose its local position on all jurisdictions. We note on AB 962, the ammunition registration bill, they want to dictate how other jurisdictions manage their sales and this bill related to CCW seems to be attempting to exercise the same control over CCW permits. We see this as unnecessary bill and a dangerous attempt to begin the process of limiting lawfully issued permits to carry concealed (CCW) in the counties or cities in which they were issued." 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 7/10/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****