BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 144
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          ASSEMBLY THIRD READING
          AB 144 (Portantino and Ammiano)
          As Amended  May 2, 2011
          Majority vote 

           PUBLIC SAFETY       5-2         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Cedillo, Hill,   |Ayes:|Fuentes, Blumenfield,     |
          |     |Mitchell, Yamada          |     |Bradford, Charles         |
          |     |                          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Knight, Hagman            |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
           ----------------------------------------------------------------- 

           SUMMARY  :  Makes it a misdemeanor for any person to carry an 
          exposed and unloaded handgun outside a vehicle upon his or her 
          person while in any public place or on any public street in an 
          incorporated city, or in any public place or public street in a 
          prohibited area of an unincorporated county.   Specifically, 
           this bill  :  

          1)Makes it a misdemeanor punishable by imprisonment in the 
            county jail not to exceed six months, by a fine not to exceed 
            $1,000, or by both a fine and imprisonment for any person to 
            carry an exposed and unloaded handgun outside a vehicle upon 
            his or her person, or when that person carries and exposed and 
            unlocked handgun inside or on a vehicle, whether or not is in 
            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 public street in a prohibited area of an unincorporated 
            county.

          2)Makes the crime of openly carrying an unloaded handgun 
            punishable by imprisonment in the county jail not to exceed 
            one year, or by a fine not to exceed $1,000, or by that fine 
            and imprisonment if the handgun and unexpended ammunition 
            capable of being discharged from that firearm are in the 
            immediate possession of the person and the person is not the 
            registered owner of the firearm.








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          3)States that the sentencing provisions of this prohibition 
            shall not preclude prosecution under other specified 
            provisions of law with a penalty that is greater.

          4)Provides that the provisions of this prohibition 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.

          5)States that notwithstanding the fact that the term "an 
            unloaded handgun" is used in this section, each handgun shall 
            constitute a separate and distinct offense.

          6)States that the open carrying of an unloaded handgun does not 
            apply to the carrying of an unloaded handgun if the handgun is 
            carried either in the locked trunk of a motor vehicle or in a 
            locked container.

          7)Provides that the crime of openly carrying an unloaded handgun 
            does not apply to, or affect, the following:

             a)   The open carrying of an unloaded handgun by any peace 
               officer or by an honorably retired peace officer authorized 
               to carry a handgun;

             b)   The open carrying of an unloaded handgun by any person 
               authorized to carry a loaded handgun;

             c)   The open carrying of an unloaded handgun as merchandise 
               by a person who is engaged in the business of 
               manufacturing, wholesaling, repairing or dealing in 
               firearms and who is licensed to engaged in that business or 
               an authorized representative of that business;

             d)   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;

             e)   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 








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               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;

             f)   The open carrying of an unloaded handgun by a licensed 
               hunter while engaged in lawful hunting;

             g)   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;

             h)   The open carrying of an unloaded handgun by a member of 
               an organization chartered by the Congress of the United 
               States or nonprofit mutual or public benefit corporation 
               organized and recognized as a nonprofit tax-exempt 
               organization by the Internal Revenue Service while an 
               official parade duty or ceremonial occasions of that 
               organization;

             i)   The open carrying of an unloaded handgun within a gun 
               show;

             j)   The open carrying of an unloaded handgun within a school 
               zone, as defined, with the written permission of the school 
               district superintendent, his or her designee, or equivalent 
               school authority;

             aa)  The open carrying of an unloaded handgun when in 
               accordance with the provisions relating to the possession 
               of a weapon in a public building or State Capitol;

             bb)  The open carrying of an unloaded handgun by any person 
               while engaged in the act of making or attempting to make a 
               lawful arrest;

             cc)  The open carrying of an unloaded handgun incident to 
               loaning, selling, or transferring the same, 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;

             dd)  The open carrying of an unloaded handgun by a person 








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               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;

             ee)  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 event;

             ff)  The open carrying of an unloaded handgun incident to 
               obtaining an identification number or mark assigned for 
               that handgun from the Department of Justice (DOJ);

             gg)  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; 

             hh)  The open carrying of an unloaded handgun incident to a 
               private party transfer through a licensed firearms dealer;

             ii)  The open carrying of an unloaded handgun by a person in 
               the scope and course of training by an individual to become 
               a sworn peace officer;

             jj)  The open carrying of an unloaded handgun in the course 
               and scope of training to in order to be licensed to carry a 
               concealed weapon;

             aaa) The open carrying of an unloaded handgun at the request 
               of a sheriff or chief or other head of a municipal police 
               department;

             bbb) The open carrying of an unloaded handgun within a place 
               of business, within a place of residence, or on private 
               property if done with the permission of the owner or lawful 
               possessor of the property; and,









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             ccc) The open carrying of an unloaded handgun when all of the 
               following conditions are satisfied:

               i)     The open carrying occurs at an auction or similar 
                 event of a nonprofit or mutual benefit corporation event 
                 where firearms are auctioned or otherwise sold to fund 
                 activities;

               ii)    The unloaded handgun is to be auctioned or otherwise 
                 sold for the nonprofit public benefit mutual benefit 
                 corporation;

               iii)   The unloaded handgun is delivered by a licensed 
                 dealer;

               iv)    The open carrying of an unloaded handgun does not 
                 apply to person authorized to carry handguns in the State 
                 Capitol or residences of the Governor or other 
                 constitutional officers; and,

               v)     The open carrying of an unloaded handgun on publicly 
                 owned land, if the possession and use of a handgun is 
                 specifically permitted by the managing agency of the land 
                 and the person carrying the handgun is the registered 
                 owner of the handgun.

          8)Makes conforming and nonsubstantive technical changes.

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee, unknown, likely minor, non-state-reimbursable local 
          law enforcement and incarceration costs, offset to a degree by 
          increased fine revenue. 

           COMMENTS  :  According to the author, "The absence of a 
          prohibition on 'open carry' has created an increase in 
          problematic instances of guns carried in public, alarming 
          unsuspecting individuals causing issues for law enforcement.

          "Open carry creates a potentially dangerous situation.  In most 
          cases when a person is openly carrying a firearm, law 
          enforcement is called to the scene with few details other than 
          one or more people are present at a location and are armed.

          "In these tense situations, the slightest wrong move by the gun 








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          carrier could be construed as threatening by the responding 
          officer, who may feel compelled to respond in a manner that 
          could be lethal.  In this situation, the practice of 'open 
          carry' creates an unsafe environment for all parties involved:  
          the officer, the gun-carrying individual, and for any other 
          individuals nearby as well.

          "Additionally, the increase in "open carry" calls placed to law 
          enforcement has taxed departments dealing with under-staffing 
          and cutbacks due to the current fiscal climate in California, 
          preventing them from protecting the public in other ways."

          Please see the policy committee for a full discussion of this 
          bill.
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744 



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