BILL NUMBER: AB 1934	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 17, 2010

   An act to amend  Section 12075 of   Sections
7574.14 and 7582.2 of the Business and Professions Code, and to amend
Sections 626.9, 12001, 12025, 12026, 12026.2, and 12590 of, and to
add Section 12037 to,  the Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1934, as amended, Saldana. Firearms. 
   Existing law, subject to exceptions, makes it an offense to carry
a concealed handgun on the person or in a vehicle, as specified.
Existing law provides that firearms carried openly in belt holsters
are not concealed within the meaning of those provisions.  
   This bill would delete the exception pertaining to firearms
carried openly in belt holsters. The bill would also establish an
exemption to the offense for transportation of a firearm by members
of specified organizations going directly to or from official parade
duty or ceremonial occasions, as specified.  
   By expanding the scope of an existing offense, this bill would
impose a state-mandated local program.  
   Existing law, subject to exceptions, makes it an offense to carry
a loaded firearm in specified public areas.  
   The bill would, subject to exceptions, make it a misdemeanor,
punishable as specified, to openly carry an unloaded handgun on the
person in specified public areas.  
   By creating a new offense, this bill would impose a state-mandated
local program.  
   The bill would make conforming and nonsubstantive technical
changes.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law generally regulates firearms transfers, including the
use of a register in connection with sales, as specified. 

   This bill would make a technical, nonsubstantive change to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7574.14 of the  
Business and Professions Code   is amended to read: 
   7574.14.  This chapter shall not apply to the following:
   (a) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
   (b) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
   (c) A charitable philanthropic society or association incorporated
under the laws of this state that is organized and duly maintained
for the public good and not for private profit.
   (d) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
   (e) An attorney at law in performing his or her duties as an
attorney at law.
   (f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
   (g) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
   (h) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
   (i) A person engaged solely in the business of securing
information about persons or property from public records.
   (j) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt such a peace
officer who either contracts for his or her services or the services
of others as a private patrol operator or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
   (k) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry an unloaded and exposed handgun unless ex
  empted by Section 12037 of the Penal Code, or  a
loaded or concealed firearm unless he or she is exempted under the
provisions of subdivision (a) of Section 12027 of the Penal Code or
paragraph (1) of subdivision (b) of Section 12031 of the Penal Code
or has met the requirements set forth in Section 12033 of the Penal
Code. However, nothing herein shall exempt the retired peace officer
who contracts for his or her services or the services of others as a
private patrol operator.
   (l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
   (m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
   (n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
   (o) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
   (p) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
   (1) The screening and monitoring access of employees of the same
employer.
   (2) The screening and monitoring access of prearranged and
preauthorized invited guests.
   (3) The screening and monitoring of vendors and suppliers.
   (4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
   (q) An armored contract carrier operating armored vehicles
pursuant to the authority of the Department of the California Highway
Patrol or the Public Utilities Commission, or an armored vehicle
guard employed by an armored contract carrier.
   SEC. 2.    Section 7582.2 of the   Business
and Professions Code   is amended to read: 
   7582.2.  This chapter does not apply to the following:
   (a) A person who does not meet the requirements to be a
proprietary private security officer, as defined in Section 7574.1,
and is employed exclusively and regularly by any employer who does
not provide contract security services for other entities or persons,
in connection with the affairs of the employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon in the performance of his or her
duties. For purposes of this subdivision, "deadly weapon" is defined
to include any instrument or weapon of the kind commonly known as a
blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, any
dirk, dagger, pistol, revolver, or any other firearm, any knife
having a blade longer than five inches, any razor with an unguarded
blade and any metal pipe or bar used or intended to be used as a
club.
   (b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
   (c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
   (d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.
   (e) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
   (f) An attorney at law in performing his or her duties as an
attorney at law.
   (g) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
   (h) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
   (i) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
   (j) A person engaged solely in the business of securing
information about persons or property from public records.
   (k) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt such peace
officer who either contracts for his or her services or the services
of others as a private patrol operator or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
   (l) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry  an unloaded and exposed handgun unless
exempted by Section 12037 of   the Penal Code, or  a
loaded or concealed firearm unless he or she is exempted under the
provisions of subdivision (a) of Section 12027 of the Penal Code or
paragraph (1) of subdivision (b) of Section 12031 of the Penal Code
or has met the requirements set forth in Section 12033 of the Penal
Code. However, nothing herein shall exempt the retired peace officer
who contracts for his or her services or the services of others as a
private patrol operator.
   (m) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
   (n) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
   (o) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
   (p) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
   (q) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
   (1) The screening and monitoring access of employees of the same
employer.
   (2) The screening and monitoring access of prearranged and
preauthorized invited guests.
   (3) The screening and monitoring of vendors and suppliers.
   (4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
   (r) The changes made to this section by the act adding this
subdivision during the 2005-06 Regular Session of the Legislature
shall apply as follows:
   (1) On and after July 1, 2006, to a person hired as a security
officer on and after January 1, 2006.
   (2) On and after January 1, 2007, to a person hired as a security
officer before January 1, 2006.
   SEC. 3.    Section 626.9 of the   Penal Code
  is amended to read: 
   626.9.  (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
   (b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
   (c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
   (1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
   (2) When the firearm is an unloaded  pistol, revolver, or
other firearm capable of being concealed on the person  
handgun  and is in a locked container or within the locked
trunk of a motor vehicle.
   This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a  pistol,
revolver, or other firearm capable of being concealed on the person
  handgun  , in accordance with state law.
   (3) When the person possessing the firearm reasonably believes
that he or she is in grave danger because of circumstances forming
the basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a threat
to his or her life or safety. This subdivision may not apply when
the circumstances involve a mutual restraining order issued pursuant
to Division 10 (commencing with Section 6200) of the Family Code
absent a factual finding of a specific threat to the person's life or
safety. Upon a trial for violating subdivision (b), the trier of a
fact shall determine whether the defendant was acting out of a
reasonable belief that he or she was in grave danger.
   (4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to subdivision (b), (d), (e),
or (h) of Section 12027.
   (d) Except as provided in subdivision (b), it shall be unlawful
for any person, with reckless disregard for the safety of another, to
discharge, or attempt to discharge, a firearm in a school zone, as
defined in paragraph (1) of subdivision (e).
   The prohibition contained in this subdivision does not apply to
the discharge of a firearm to the extent that the conditions of
paragraph (1) of subdivision (c) are satisfied.
   (e) As used in this section, the following definitions shall
apply:
   (1) "School zone" means an area in, or on the grounds of, a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,000 feet from the grounds
of the public or private school.
   (2) "Firearm" has the same meaning as that term is given in
Section 12001.
   (3) "Locked container" has the same meaning as that term is given
in subdivision (c) of Section 12026.1.
   (4) "Concealed firearm" has the same meaning as that term is given
in Sections 12025 and 12026.1.
   (f) (1) Any person who violates subdivision (b) by possessing a
firearm in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
shall be punished by imprisonment in the state prison for two, three,
or five years.
   (2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,000 feet from the grounds of a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, shall be punished as follows:
   (A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:
   (i) If the person previously has been convicted of any felony, or
of any crime made punishable by Chapter 1 (commencing with Section
12000) of Title 2 of Part 4.
   (ii) If the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
   (iii) If the firearm is any  pistol, revolver, or other
firearm capable of being concealed upon the person  
handgun  and the offense is punished as a felony pursuant to
Section 12025.
   (B) By imprisonment in a county jail for not more than one year or
by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).
   (3) Any person who violates subdivision (d) shall be punished by
imprisonment in the state prison for three, five, or seven years.
   (g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 12001.6
shall be punished by imprisonment in a county jail for not less than
three months, or if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a condition thereof
that he or she be imprisoned in a county jail for not less than three
months.
   (2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted previously
of a misdemeanor offense enumerated in Section 12001.6, if probation
is granted or if the execution of sentence is suspended, it shall be
a condition thereof that he or she be imprisoned in a county jail
for not less than three months.
   (3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted previously
of any felony, or of any crime made punishable by Chapter 1
(commencing with Section 12000) of Title 2 of Part 4, if probation is
granted or if the execution or imposition of sentence is suspended,
it shall be a condition thereof that he or she be imprisoned in a
county jail for not less than three months.
   (4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision, in which
case the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by this disposition.
   (h) Notwithstanding Section 12026, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching, research,
or administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (i) Notwithstanding Section 12026, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when it
is capped or primed and has a powder charge and ball or shot in the
barrel or cylinder.
   (k) This section does not require that notice be posted regarding
the proscribed conduct.
   (l) This section does not apply to a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making arrests or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged
in the performance of his or her duties, as defined in subdivision
 (e) of Section 7521   (d) of Section 7582.1
 of the Business and Professions Code.
   (m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Section 12031  or to openly
carry an unloaded handgun pursuant to Section 12037  .
   (n) This section does not apply to an existing shooting range at a
public or private school or university or college campus.
   (o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
subdivision (a) or (i) of Section 12027 or paragraph (1) or (8) of
subdivision (b) of Section 12031  or to openly carry an unloaded
handgun pursuant to Section 12037  .
   SEC. 4.    Section 12001 of the   Penal Code
  is amended to read: 
   12001.  (a) (1) As used in this title, the terms "pistol,"
"revolver," and "firearm capable of being concealed upon the person"
shall apply to and include any device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion, or other form of combustion, and that has a barrel less
than 16 inches in length. These terms also include any device that
has a barrel 16 inches or more in length which is designed to be
interchanged with a barrel less than 16 inches in length.
   (2) As used in this title, the term "handgun" means any "pistol,"
"revolver," or "firearm capable of being concealed upon the person."
   (b) As used in this title, "firearm" means any device, designed to
be used as a weapon, from which is expelled through a barrel, a
projectile by the force of any explosion or other form of combustion.

   (c) As used in Sections 12021, 12021.1, 12070, 12071, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, the term "firearm"
includes the frame or receiver of the weapon.
   (d) For the purposes of Sections 12025 and 12031, the term
"firearm" also shall include any rocket, rocket propelled projectile
launcher, or similar device containing any explosive or incendiary
material whether or not the device is designed for emergency or
distress signaling purposes.
   (e) For purposes of Sections  12037,  12070, 12071, and
paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and
(f) of Section 12072, the term "firearm" does not include an
unloaded firearm that is defined as an "antique firearm" in Section
921(a)(16) of Title 18 of the United States Code.
   (f) Nothing shall prevent a device defined as a "handgun,"
"pistol," "revolver," or "firearm capable of being concealed upon the
person" from also being found to be a short-barreled shotgun or a
short-barreled rifle, as defined in Section 12020.
   (g) For purposes of Sections 12551 and 12552, the term "BB device"
means any instrument that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas pressure, or spring action, or any spot marker gun.
   (h) As used in this title, "wholesaler" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto who sells, transfers, or assigns firearms, or parts
of firearms, to persons who are licensed as manufacturers,
importers, or gunsmiths pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, or persons
licensed pursuant to Section 12071, and includes persons who receive
finished parts of firearms and assemble them into completed or
partially completed firearms in furtherance of that purpose.
   "Wholesaler" shall not include a manufacturer, importer, or
gunsmith who is licensed to engage in those activities pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code or a person licensed pursuant to Section 12071 and the
regulations issued pursuant thereto. A wholesaler also does not
include those persons dealing exclusively in grips, stocks, and other
parts of firearms that are not frames or receivers thereof.
    (i) As used in Section 12071 or 12072, "application to purchase"
means any of the following:
   (1) The initial completion of the register by the purchaser,
transferee, or person being loaned the firearm as required by
subdivision (b) of Section 12076.
   (2) The initial completion and transmission to the department of
the record of electronic or telephonic transfer by the dealer on the
purchaser, transferee, or person being loaned the firearm as required
by subdivision (c) of Section 12076.
   (j) For purposes of Section 12023, a firearm shall be deemed to be
"loaded" whenever both the firearm and the unexpended ammunition
capable of being discharged from the firearm are in the immediate
possession of the same person.
   (k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072,
12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
and 8103 of the Welfare and Institutions Code, notwithstanding the
fact that the term "any firearm" may be used in those sections, each
firearm or the frame or receiver of the same shall constitute a
distinct and separate offense under those sections.
   (l) For purposes of Section 12020, a violation of that section as
to each firearm, weapon, or device enumerated therein shall
constitute a distinct and separate offense.
   (m) Each application that requires any firearms eligibility
determination involving the issuance of any license, permit, or
certificate pursuant to this title shall include two copies of the
applicant's fingerprints on forms prescribed by the Department of
Justice. One copy of the fingerprints may be submitted to the United
States Federal Bureau of Investigation.
   (n) As used in this chapter, a "personal handgun importer" means
an individual who meets all of the following criteria:
   (1) He or she is not a person licensed pursuant to Section 12071.
   (2) He or she is not a licensed manufacturer of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
   (3) He or she is not a licensed importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (4) He or she is the owner of a handgun.
   (5) He or she acquired that handgun outside of California.
   (6) He or she moves into this state on or after January 1, 1998,
as a resident of this state.
   (7) He or she intends to possess that handgun within this state on
or after January 1, 1998.
   (8) The handgun was not delivered to him or her by a person
licensed pursuant to Section 12071 who delivered that 
firearm   handgun  following the procedures set
forth in Section 12071 and subdivision (c) of Section 12072.
   (9) He or she, while a resident of this state, had not previously
reported his or her ownership of that handgun to the Department of
Justice in a manner prescribed by the department that included
information concerning him or her and a description of the firearm.
   (10) The handgun is not a firearm that is prohibited by
subdivision (a) of Section 12020.
   (11) The handgun is not an assault weapon, as defined in Section
12276 or 12276.1.
   (12) The handgun is not a machinegun, as defined in Section 12200.

   (13) The person is 18 years of age or older.
   (o) For purposes of paragraph (6) of subdivision (n):
   (1) Except as provided in paragraph (2), residency shall be
determined in the same manner as is the case for establishing
residency pursuant to Section 12505 of the Vehicle Code.
   (2) In the case of members of the Armed Forces of the United
States, residency shall be deemed to be established when he or she
was discharged from active service in this state.
   (p) As used in this code, "basic firearms safety certificate"
means a certificate issued by the Department of Justice pursuant to
Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
Part 4, prior to January 1, 2003.
   (q) As used in this code, "handgun safety certificate" means a
certificate issued by the Department of Justice pursuant to Article 8
(commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
as that article is operative on or after January 1, 2003.
   (r) As used in this title, "gunsmith" means any person who is
licensed as a dealer pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations issued
pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or
trigger mechanisms to firearms, or the agent or employee of that
person.
   (s) As used in this title, "consultant-evaluator" means a
consultant or evaluator who, in the course of his or her profession
is loaned firearms from a person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, for his or her research
or evaluation, and has a current certificate of eligibility issued to
him or her pursuant to Section 12071.
   SEC. 5.    Section 12025 of the   Penal Code
  is amended to read: 
   12025.  (a) A person is guilty of carrying a concealed firearm
when he or she does any of the following:
   (1) Carries concealed within any vehicle which is under his or her
control or direction any  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 .
   (2) Carries concealed upon his or her person any  pistol,
revolver, or other firearm capable of being concealed upon the person
  handgun  .
   (3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 .
   (b) Carrying a concealed firearm in violation of this section 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 in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
   (4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, 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 one thousand
dollars ($1,000), or by both that imprisonment and fine.
   (6) By imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment if
both of the following conditions are met:
   (A) Both the  pistol, revolver, or other firearm capable
of being concealed upon the person   handgun  and
the unexpended ammunition capable of being discharged from that
firearm are either in the immediate possession of the person or
readily accessible to that person, or the  pistol, revolver,
or other firearm capable of being concealed upon the person 
 handgun  is loaded as defined in subdivision (g) of
Section 12031.
   (B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
registered owner of that  pistol, revolver, or other firearm
capable of being concealed upon the person   handgun
 .
   (7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.
   (c) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the  pistol, revolver, or
other firearm capable of being concealed upon the person 
 handgun  , and one or more of the conditions in
subparagraph (A) of paragraph (6) of subdivision (b) is met.
   (d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
12001.6 shall be punished by imprisonment in a county jail for at
least three months and not exceeding six months, or, if granted
probation, or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned in a county jail for at least three months.
   (2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by this
chapter, if probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
   (e) The court shall apply the three-month minimum sentence as
specified in subdivision (d), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition. 
   (f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.  
   (g) 
    (f)  For purposes of this section, "lawful possession of
the firearm" means that the person who has possession or custody of
the firearm either lawfully owns the firearm or has the permission of
the lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm. 
   (h) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
 
   (2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).  
   (3) This subdivision shall remain operative until January 1, 2005,
and as of that date shall be repealed. 
   SEC. 6.    Section 12026 of the   Penal Code
  is amended to read: 
   12026.  (a)  Section   Sections  12025
 and 12037  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   handgun  .
   (b) 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   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.
   (c) Nothing in this section shall be construed as affecting the
application of Section 12031.
   SEC. 7.    Section 12026.2 of the   Penal
Code   is amended to read: 
   12026.2.  (a) Section 12025 does not apply to, or affect, any of
the following:
   (1) The possession of a firearm by an authorized participant in a
motion picture, television, or video production or entertainment
event when the participant lawfully uses the firearm as part of that
production or event or while going directly to, or coming directly
from, that production or event.
   (2) The possession of a firearm in a locked container by a member
of any club or organization, organized for the purpose of lawfully
collecting and lawfully displaying pistols, revolvers, or other
firearms, while the member is at meetings of the clubs or
organizations or while going directly to, and coming directly from,
those meetings.
   (3) The transportation of a firearm by a participant when going
directly to, or coming directly from, a recognized safety or hunter
safety class, or a recognized sporting event involving that firearm.
   (4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026.
   (5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or
the lawful transfer, sale, or loan of that firearm.
   (6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully
received that firearm to that person's place of residence or place of
business or to private property owned or lawfully possessed by that
person.
   (7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
   (8) The transportation of a firearm by an authorized employee or
agent of a supplier of firearms when going directly to, or coming
directly from, a motion picture, television, or video production or
entertainment event for the purpose of providing that firearm to an
authorized participant to lawfully use as a part of that production
or event.
   (9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.
   (10) The transportation of a firearm by a person when going
directly to, or coming directly from, a place designated by a person
authorized to issue licenses pursuant to Section 12050 when done at
the request of the issuing agency so that the issuing agency can
determine whether or not a license should be issued to that person to
carry that firearm.
   (11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite. This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.
   (12) The transportation of a firearm by a person in order to
comply with subdivision (c) or (i) of Section 12078 as it pertains to
that firearm.
   (13) The transportation of a firearm by a person in order to
utilize subdivision (  l  ) of Section 12078 as it pertains
to that firearm.
   (14) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show or event, as defined
in Section 478.100 of Title 27 of the Code of Federal Regulations,
for the purpose of lawfully transferring, selling, or loaning that
firearm in accordance with subdivision (d) of Section 12072.
   (15) The transportation of a firearm by a person in order to
utilize paragraph (6) of subdivision (a) of Section 12078 as it
pertains to that firearm.
   (16) The transportation of a firearm by a person who finds the
firearm in order to comply with Article 1 (commencing with Section
2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to
that firearm and if that firearm is being transported to a law
enforcement agency, the person gives prior notice to the law
enforcement agency that he or she is transporting the firearm to the
law enforcement agency.
   (17) The transportation of a firearm by a person in order to
comply with paragraph (2)  or (3)  of subdivision (f) of
Section 12072 as it pertains to that firearm.
   (18) The transportation of a firearm by a person who finds the
firearm and is transporting it to a law enforcement agency for
disposition according to law, if he or she gives prior notice to the
law enforcement agency that he or she is transporting the firearm to
the law enforcement agency for disposition according to law. 

   (19) The transportation of a firearm by a person in order to
comply with paragraph (3) of subdivision (f) of Section 12072 as it
pertains to that firearm.  
   (20) 
    (19)  The transportation of a firearm by a person for
the purpose of obtaining an identification number or mark assigned
for that firearm from the Department of Justice pursuant to Section
12092. 
   (20) The transportation by a member of an organization of a
firearm directly to, or directly from, official parade duty or
ceremonial occasions of that organization, if the organization is
chartered by the Congress of the United States, or is a nonprofit
mutual or public benefit corporation organized and recognized as a
nonprofit tax-exempt organization by the Internal Revenue Service.

   (b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.
   (c) This section does not prohibit or limit the otherwise lawful
carrying or transportation of any  pistol, revolver, or other
firearm capable of being concealed upon the person  
handgun  in accordance with this chapter.
   (d) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, keylock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.
   SEC. 8.   Section 12037 is added to the  
Penal Code   , to read:  
   12037.  (a) A person is guilty of openly carrying an unloaded
handgun when that person carries an exposed and unloaded handgun
outside a vehicle on his or her person 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 an unincorporated
territory.
   (b) A violation of this section is punishable by imprisonment in a
county jail not to exceed six months, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment,
provided, however, that a violation of this section is punishable by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed one thousand dollars ($1,000), or both that imprisonment
and fine, if any of the following circumstances is pled and proved to
the trier of fact:
   (1) The firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen.
   (2) The person is an active participant in a criminal street gang,
as defined in subdivision (a) of Section 186.22, under the Street
Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with
Section 186.20) of Title 7 of Part 1).
   (3) The person is not in lawful possession of the firearm.
   (4) The person has been convicted of a crime against a person or
property, or of a narcotics or dangerous drug violation.
   (5) Both the handgun and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, and
the person is not listed with the Department of Justice pursuant to
Section 11106 as the registered owner of that handgun.
   (c) (1) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
12001.6, or of any crime made punishable under this chapter, shall
serve a term of at least three months in a county jail, or, if a
person is granted probation or if the execution or imposition of
sentence is suspended, it shall be a condition thereof that the
person be imprisoned for a period of at least three months.
   (2) The court shall apply the three-month minimum sentence set
forth in paragraph (1) except in unusual cases where the interests of
justice would best be served by granting probation or suspending the
imposition or execution of sentence without the minimum imprisonment
required in this subdivision or by granting probation or suspending
the imposition or execution of sentence with conditions other than
those set forth in this subdivision, in which case the court shall
specify on the record and shall enter on the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
   (d) (1) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a penalty
greater than is set forth in this section.
   (2) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
   (e) Notwithstanding paragraphs (2) and (3) of subdivision (a) of
Section 836, a peace officer may make an arrest without a warrant
whenever the officer has reasonable cause to believe that the person
to be arrested has violated this section, whether or not this section
has been violated.
   (f) A violation of this section which is punishable by
imprisonment in a county jail not exceeding one year shall not
constitute a conviction of a crime punishable by imprisonment for a
term exceeding one year for the purposes of determining federal
firearms eligibility under Section 922(g)(1) of Title 18 of the
United States Code.
   (g) Subdivision (a) does not apply to, or affect, any of the
following:
   (1) The open carrying of an unloaded handgun by any peace officer
or any honorably retired peace officer if he or she may carry a
concealed firearm pursuant to Section 12027 or a loaded firearm
pursuant to Section 12031.
   (2) The open carrying of an unloaded handgun by any person to the
extent that person may carry a loaded firearm pursuant to Section
12031.
   (3) The open carrying of an unloaded handgun as merchandise by a
person who is engaged in the business of manufacturing, importing,
wholesaling, repairing, or dealing in firearms and who is licensed to
engage in that business or the authorized representative or
authorized agent of that person while engaged in the lawful course of
the business.
   (4) The open carrying of an unloaded handgun by duly authorized
military or civil organizations while parading, or the members
thereof when at the meeting places of their respective organizations.

   (5) The open carrying of an unloaded handgun by a member of any
club or organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while the members are using handguns upon the target ranges
or incident to the use of a handgun at that target range.
   (6) The open carrying of an unloaded handgun by a licensed hunter
while engaged in lawful hunting.
   (7) The open carrying of an unloaded handgun incident to
transportation of a handgun by a person operating a licensed common
carrier or an authorized agent or employee thereof when transported
in conformance with applicable federal law.
   (8) The open carrying of an unloaded handgun by a member of an
organization chartered by the Congress of the United States or a
nonprofit mutual or public benefit corporation organized and
recognized as a nonprofit tax-exempt organization by the Internal
Revenue Service while on official parade duty or ceremonial occasions
of that organization.
                                                 (9) The open
carrying of an unloaded handgun within a gun show conducted pursuant
to Sections 12071.1 and 12071.4.
   (10) The open carrying of an unloaded handgun within a school
zone, as defined in Section 626.9, with the written permission of the
school district superintendent, his or her designee, or equivalent
school authority.
   (11) The open carrying of an unloaded handgun when in accordance
with the provisions of Section 171b or 171c.
   (12) The open carrying of an unloaded handgun by any person while
engaged in the act of making or attempting to make a lawful arrest.
   (13) The open carrying of an unloaded handgun incident to loaning,
selling, or transferring the same in accordance with Section 12072
or any of the exemptions from subdivision (d) of Section 12072 so
long as that handgun is possessed within private property and the
possession and carrying is with the permission of the owner or lessee
of that private property.
   (14) The open carrying of an unloaded handgun by a person engaged
in firearms-related activities, while on the premises of a fixed
place of business which is licensed to conduct and conducts, as a
regular course of its business, activities related to the sale,
making, repair, transfer, pawn, or the use of firearms, or related to
firearms training.
   (15) The open carrying of an unloaded handgun by an authorized
participant in, or an authorized employee or agent of a supplier of
firearms for, a motion picture, television, or video production or
entertainment event when the participant lawfully uses the handgun as
part of that production or event or while the participant or
authorized employee or agent is at that production or event.
   (16) The open carrying of an unloaded handgun incident to
obtaining an identification number or mark assigned for that handgun
from the Department of Justice pursuant to Section 12092.
   (17) The open carrying of an unloaded handgun at established
target ranges, whether public or private, while the person is using
the handgun upon the target ranges.
   (18) The open carrying of an unloaded handgun by a person when
that person is summoned by a peace officer to assist in making
arrests or preserving the peace while he or she is actually engaged
in assisting that officer.
   (19) The open carrying of an unloaded handgun incident to:
   (A) Complying with paragraph (2) or (3) of subdivision (f) of
Section 12072 as it pertains to that handgun.
   (B) Subdivision (l) of Section 12078 as it pertains to that
handgun.
   (C) Paragraph (6) of subdivision (a) of Section 12078 as it
pertains to that handgun.
   (D) Complying with subdivision (c) or (i) of Section 12078 as it
pertains to that handgun.
   (h) Notwithstanding the fact that the term "an unloaded handgun"
is used in this section, each handgun shall constitute a distinct and
separate offense under this section.
   (i) For purposes of this section, the following shall apply:
   (1) A handgun shall be deemed unloaded if it is not "loaded"
within the meaning of subdivision (g) of Section 12031.
   (2) The term "lawful possession of the firearm" shall have the
same meaning as set forth in subdivision (f) of Section 12025.
   (3) The term "prohibited area" means any place where it is
unlawful to discharge a weapon.
   (4) The term "public place" shall have the same meaning as in
Section 12031. 
   SEC. 9.    Section 12590 of the   Penal Code
  is amended to read: 
   12590.  (a) Any person who does any of the following acts while
engaged in picketing, or other informational activities in a public
place relating to a concerted refusal to work, is guilty of a
misdemeanor:
   (1) Carries concealed upon his person or within any vehicle which
is under his or her control or direction any  pistol,
revolver, or other firearm capable of being concealed upon the person
  handgun  .
   (2) Carries a loaded firearm upon his or her person or within any
vehicle which is under his or her control or direction.
   (3) Carries a deadly weapon.
   (4) Wears the uniform of a peace officer, whether or not the
person is a peace officer. 
   (5) Carries an unloaded handgun openly on his or her person
outside of a vehicle. 
   (b) This section shall not be construed to authorize or ratify any
picketing or other informational activities not otherwise authorized
by law.
   (c) Section 12027 shall not be construed to authorize any conduct
described in paragraph (1) of subdivision (a), nor shall subdivision
(b) of Section 12031 be construed to authorize any conduct described
in paragraph (2) of subdivision (a)  , nor shall subdivision (g)
of Section 12037 be construed to authorize any conduct described in
paragraph (   5) of subdivision (a)  .
   SEC. 10.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 12075 of the Penal Code is
amended to read:
   12075.  The State Printer upon issuing a register shall forward to
the Department of Justice the name and business address of the
dealer together with the series and sheet numbers of the register.
The register shall not be transferable. If the dealer moves his or
her business to a different location he or she shall notify the
department of that fact in writing within 48 hours.