BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1527|
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                                 THIRD READING


          Bill No:  AB 1527
          Author:   Portantino (D)
          Amended:  4/10/12 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 6/26/12
          AYES:  Hancock, Calderon, Liu, Price, Steinberg
          NOES:  Anderson, Harman

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/6/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

           ASSEMBLY FLOOR  :  44-29, 5/3/12 - See last page for vote


           SUBJECT  :    Openly carrying long guns

           SOURCE  :     California Police Chiefs Association
                      Peace Officer Research Association of 
          California


           DIGEST  :    This bill (1) makes it a misdemeanor, punishable 
          by up to six months in a county jail, or a fine of up to 
          $1,000, or both, for a person to carry an unloaded firearm 
          that is not a handgun on his/her person outside a vehicle 
          while in an incorporated city or city and county; (2) makes 
          this offense punishable by up to one year in the county 
          jail, or a fine of up to $1,000, or both, if the firearm 
          and unexpended ammunition capable of being fired from that 
          firearm are in the immediate possession of that person and 
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          the person is not in lawful possession of that firearm; (3) 
          establishes numerous exemptions from this prohibition; (4) 
          creates an exemption from the existing prohibition against 
          carrying an exposed and unloaded handgun outside a vehicle 
          in a public place for a licensed hunter while actually 
          engaged in the training of a dog for the purpose of using 
          the dog in hunting that is not prohibited by law, or while 
          transporting the firearm while going to or returning from 
          that training; and (5) creates an exemption from the 
          existing prohibition against carrying an exposed and 
          unloaded handgun outside a vehicle in a public place for a 
          person in compliance with specified provisions related to 
          carrying a firearm in airports and commuter passenger 
          terminals, as specified.

           ANALYSIS  :    Existing law 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 both, for any 
          person to carry an exposed and unloaded handgun outside a 
          vehicle upon his/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.  (Penal Code (PEN) Section 
          26350(a)(1))

          Existing law 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.  (PEN 
          Section 26350(a)(2))

          Existing law prohibits the carrying of a loaded firearm on 
          his/her person or in a vehicle while in any public place or 
          on any public street in an incorporated city or a 
          prohibited area of unincorporated territory.  This offense 
          is a misdemeanor, punishable by up to one year in the 
          county jail, a fine of up to $1,000, or both, unless 
          various aggravating circumstances are present, in which 
          case this offense it is punishable as a felony.  (PEN 
          Section 25850) 


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          Existing law provides that a firearm shall be deemed to be 
          loaded for the purposes of PEN Section 12031 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; except that 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.  (PEN Section 16840(b))

          Existing law provides in the Fish and Game Code that it is 
          unlawful to possess a loaded rifle or shotgun in any 
          vehicle or conveyance or its attachments which is standing 
          on or along or is being driven on or along any public 
          highway or other way open to the public.  (Fish and Game 
          Code Section 2006)

          Existing law provides that a rifle or shotgun shall be 
          deemed to be loaded for the purposes of this section when 
          there is an unexpended cartridge or shell in the firing 
          chamber but not when the only cartridges or shells are in 
          the magazine.  (Id.)

          Existing law provides that carrying a loaded firearm is 
          generally a misdemeanor, punishable by up to one year in a 
          county jail; by a fine of up to $1,000; or both.  However, 
          there are several circumstances in which the penalty may be 
          punishable as a felony or alternate felony-misdemeanor:

           A felony where the person has previously been convicted 
            of any felony or of any crime made punishable by the 
            Dangerous Weapons Control Law;

           A felony where the firearm is stolen and the person knew 
            or had reasonable cause to believe that the firearm was 
            stolen;

           A felony where the person is an active participant in a 
            criminal street gang;

           A felony where the person is not in lawful possession of 
            the firearm, as defined, or the person is within a class 
            of persons prohibited from possessing or acquiring a 

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            firearm;

           An alternate felony-misdemeanor punishable by 
            imprisonment in the state prison; 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 
            where the person has been convicted of a crime against a 
            person or property or of a narcotics or dangerous drug 
            violation.

           An alternate felony-misdemeanor punishable by 
            imprisonment in the state prison; 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 
            where the person is not listed with the Department of 
            Justice (DOJ) as the registered owner of the firearm.  
            (PEN Section 25858(c))

          This bill makes it a misdemeanor punishable by imprisonment 
          in a county jail not to exceed six months, or by a fine not 
          to exceed $1,000, or both, for a person to carry an 
          unloaded firearm that is not a handgun on his/her person 
          outside a vehicle while in an incorporated city or city and 
          county, and makes this offense punishable by imprisonment 
          in the county jail not exceeding one year, or by a fine not 
          to exceed $1,000, or both, if the firearm and unexpended 
          ammunition capable of being fired from that firearm are in 
          the immediate possession of that person and the person is 
          not in lawful possession of that firearm.

          This bill states that the sentencing provisions of this 
          prohibition shall not preclude prosecution under other 
          specified provisions of law with a penalty that is greater.

          This bill states 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.

          This bill provides that the provisions relating to the 
          carrying of an unloaded firearm that is not a handgun on 
          his/her person outside a vehicle in specified areas does 

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          not apply under any of the following circumstances:

           By a person when done within a place of business, a place 
            of residence, or on private property, or if done with the 
            permission of the owner or lawful possessor of the 
            property.

           When the firearm is either in a locked container or 
            encased and it is being transported directly from any 
            place where a person is not prohibited from possessing 
            that firearm and the course of travel includes only those 
            deviations that are reasonably necessary under the 
            circumstances. 

           If 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/her 
            life or safety, as specified.

           By any peace officer or by an honorably retired peace 
            officer if that officer may carry a concealed firearm, as 
            specified.

           By any person to the extent that person is authorized to 
            openly carry a loaded firearm as a member of the military 
            of the United States.

           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 or agent of that 
            business.

           By a duly authorized military or civil organization, or 
            the members thereof, while parading or rehearsing or 
            practicing parading, when at the meeting place of the 
            organization.

           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 

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            ranges or incident to the use of a handgun at that target 
            range.

           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.

           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.

           Within a licensed gun show.

           Within a school zone, as defined, with the written 
            permission of the school district superintendent, his/her 
            designee, or equivalent school authority.

           When in accordance with the provisions relating to the 
            possession of a weapon in a public building or State 
            Capitol.

           By any person while engaged in the act of making or 
            attempting to make a lawful arrest.

           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.

           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.

           Incident to obtaining an identification number or mark 

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            assigned for that handgun from the DOJ.

           At any established public target range while the person 
            is using that firearm upon the target range.

           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.

           Complying with specified provisions of law relating to 
            the regulation of firearms.

           Incident to, and in the course and scope of, training of 
            or by an individual to become a sworn peace officer as 
            part of a course of study approve by the Commission on 
            Peace Officer Standards and Training.

           Incident to, and in the course and scope of, training of 
            or by an individual to become licensed to carry a 
            concealed weapon.

           Incident to and at the request of a sheriff or chief or 
            other head of a municipal police department.

           If all of the following conditions are satisfied:

             o    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;

             o    The unloaded firearm that is not a handgun is to be 
               auctioned or otherwise sold for the nonprofit public 
               benefit mutual benefit corporation; and

             o    The unloaded firearm that is not a handgun is to be 
               delivered by a licensed firearms dealer.

             o    By a person who has permission granted by Chief 
               Sergeants at Arms of the State Assembly and the State 
               Senate to possess a concealed firearm within the State 
               Capitol.


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             o    By a person exempted from the prohibition against 
               carrying a loaded firearm within the Governor's 
               Mansion.

             o    By a person who is responsible for the security of 
               a public transit system who has been authorized by the 
               public transit authority's security coordinator, in 
               writing, to possess a weapon within a public transit 
               system.

             o    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.

             o    The carrying of an unloaded firearm that is not a 
               handgun by a person who holds a specified permit.

             o    By a licensed hunter while actually engaged in 
               training a dog for the purpose of using the dog in 
               hunting that is not prohibited by law, or while 
               transporting the firearm while going to or returning 
               form the training.

             o    By a person in compliance with specified provisions 
               related to carrying a firearm in an airport.

             o    By a person who is engaged in the business of 
               manufacturing ammunition and who is licensed to engage 
               in that business, or an authorized representative or 
               authorized agent of the person while the firearm is 
               being used in the lawful course and scope of the 
               licensee's activities, as specified.

          This bill states that, for purposes of the prohibition on 
          openly carrying an unloaded firearm that is not a handgun, 
          the definition of "firearm" does not include any antique 
          firearm. 

          This bill exempts security guards and retired peace 
          officers who are authorized to carry an unloaded firearm 
          that is not a handgun from the prohibition against 
          possessing a firearm in a school zone.


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          This bill exempts from the prohibition against carrying an 
          exposed and unloaded handgun outside a vehicle in a public 
          place a licensed hunter while actually engaged in the 
          training of a dog for the purpose of using the dog in 
          hunting that is not prohibited by law, or while 
          transporting the firearm while going to or returning from 
          that training.

          This bill exempts from the prohibition against carrying an 
          exposed and unloaded handgun outside a vehicle in a public 
          place a person in compliance with specified provisions 
          related to carrying a firearm in airports and commuter 
          passenger terminals.

          This bill makes conforming technical changes.

           Prior Legislation
           
          AB 144 (Portantino), Chapter 725, Statutes of 2011, passed 
          the Senate Floor (21-18) on 9/8/11.

          AB 1934 (Saldana, 2010) died on Assembly Concurrence.

          AB 98 (Cohn, 2005) held on Suspense in the Assembly 
          Appropriations Committee.

          AB 2501(Horton, 2004) failed passage in the Assembly Public 
          Safety Committee.

          AB 2828 (Cohn, 2004) failed passage in the Assembly Public 
          Safety Committee.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

           Potential ongoing court costs of $24,000 to $48,000 
            (General Fund) for 50 to 100 additional misdemeanor 
            filings per year.

           Potential non-reimbursable local enforcement and 
            incarceration costs, offset to a degree by fine revenue.


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           While the impact of this bill independently is likely to 
            be minor, the cumulative effect of all new misdemeanors 
            could create General Fund cost pressure on capital 
            outlay, staffing, programming, the courts, and other 
            resources in the context of recently enacted 2011 Public 
            Safety Realignment.

           SUPPORT  :   (Verified  8/8/12)

          California Police Chiefs Association (co-source)
          Peace Officer Research Association of California 
          (co-source)
          California Chapters of the Brady Campaign Against Gun 
          Violence
          California Peace Officers Association
          Coalition Against Gun Violence
          Law Center to Prevent Gun Violence
          Los Angeles Sheriff's Department
          Women Against Gun Violence

           OPPOSITION  :    (Verified  8/8/12)

          California Rifle and Pistol Association
          National Association for Gun Rights
          National Rifle Association of America
          Save Our State

           ARGUMENTS IN SUPPORT  :    The Peace Officer Research 
          Association states:

            The practice by individuals and organizations to 
            "openly carry" firearms in public places in order to 
            challenge law enforcement and firearms statutes in 
            California is increasing in frequency.  While PORAC 
            understands that most of these open carry 
            demonstrations are being done by law abiding citizens, 
            it places law enforcement and the public in a 
            precarious and possible dangerous situation.  Most 
            often, law enforcement is called to the scene based on 
            a citizen or merchant complaint.  When the officer 
            arrives at the scene, it is their obligation to 
            question those persons carrying the firearms and to 
            inquire as to whether the firearm is loaded.  Until 
            that officer has physically seen if the firearm is 

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            loaded, that officer must assume that their lives and 
            the lives of those around them may be in danger.

            Again, these situations are potentially dangerous and 
            should not occur in a public place wherein any number 
            of things could go wrong.  We believe this bill will be 
            very helpful in preventing these potentially unsafe 
            incidents from happening.

           ARGUMENTS IN OPPOSITION  :    The National Association for 
          Gun Rights states, "Rifles and shotguns are hardly the 
          weapons of choice for the common criminal.  This is yet 
          another attempt to prohibit something because it 'looks 
          scary.'  In a recent press release, Assemblyman Anthony 
          Portantino admitted this bill is merely retaliation against 
          law-abiding citizens who chose to peacefully exercise their 
          First Amendment right of free speech in support of their 
          Second Amendment rights after passage of last year's Open 
          Carry Ban.  Punishing citizens for engaging in lawful 
          public demonstration is an outrageous abuse of power, 
          further infringing on their constitutionally protected 
          rights.  Currently twenty-eight states allow for the Open 
          Carry of firearms in some form without a permit, and an 
          additional thirteen allow Open Carry with a permit.  Eight 
          states and the District of Colombia ban open carry; half of 
          which are remnants of the 'Jim Crow' era where the intent 
          was to prevent African-Americans from possessing firearms.  
          Open Carry should be viewed in the same light as Ý ] 
          concealed carry: if a person is legally able to purchase a 
          firearm, it is not the place of the state to deny their 
          right to carry it."  
           
           ASSEMBLY FLOOR  :  44-29, 5/3/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bradford, Brownley, Buchanan, Butler, 
            Charles Calderon, Campos, Carter, Cedillo, Davis, 
            Dickinson, Eng, Feuer, Fong, Fuentes, Galgiani, Gatto, 
            Gordon, Hayashi, Hill, Hueso, Huffman, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, 
            Portantino, Skinner, Solorio, Swanson, Torres, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Chesbro, Conway, Cook, 
            Donnelly, Beth Gaines, Garrick, Gorell, Grove, Hagman, 
            Halderman, Harkey, Huber, Jeffries, Jones, Knight, Logue, 

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            Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, 
            Olsen, Perea, Silva, Valadao, Wagner
          NO VOTE RECORDED:  Bonilla, Fletcher, Furutani, Hall, Roger 
            Hernández, V. Manuel Pérez, Smyth


          RJG:d  8/8/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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