BILL ANALYSIS Ó
AB 1527
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1527 (Portantino and Ammiano)
As Amended August 22, 2012
Majority vote
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|ASSEMBLY: |44-29|(May 3, 2012) |SENATE: |23-15|(August 27, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it a misdemeanor, with certain exceptions, for a
person to carry an unloaded firearm that is not a handgun on his
or her person outside a motor vehicle in an incorporated city or
city and county.
The Senate amendments add double jointing language to avoid
chaptering problems with SB 1366 (De Saulnier).
AS PASSED BY THE ASSEMBLY , this bill made it a misdemeanor, with
certain exceptions, for a person to carry an unloaded firearm
that is not a handgun on his or her person outside a motor
vehicle in an incorporated city or city and county.
Specifically, this bill
1)Made 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 person to carry an unloaded firearm that
is not a handgun on his or 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.
2)Stated that the sentencing provisions of this prohibition
shall not preclude prosecution under other specified
provisions of law with a penalty that is greater.
3)Provided 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
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punishable in different ways by different provisions of law
shall not be punished under more than one provision.
4)Provided that the provisions relating to the carrying of an
unloaded firearm that is not a handgun on his or her person
outside a vehicle in specified areas does not apply under any
of the following circumstances:
a) 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;
b) 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;
c) 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 or her life or safety,
as specified;
d) By any peace officer or by an honorably retired peace
officer if that officer may carry a concealed firearm, as
specified;
e) 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;
f) 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;
g) 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;
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h) 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;
i) By a licensed hunter while engaged in lawful hunting or
while transporting that firearm while going to or returning
from that hunting expedition;
j) 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;
aa) 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;
bb) Within a licensed gun show;
cc) Within a school zone, as defined, with the written
permission of the school district superintendent, his or
her designee, or equivalent school authority;
dd) When in accordance with the provisions relating to the
possession of a weapon in a public building or State
Capitol;
ee) By any person while engaged in the act of making or
attempting to make a lawful arrest;
ff) 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;
gg) By an authorized participant in, or an authorized
employee or agent of a supplier of firearms for, a motion
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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;
hh) Incident to obtaining an identification number or mark
assigned for that handgun from the Department of Justice
(DOJ);
ii) At any established public target range while the person
is using that firearm upon the target range;
jj) 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;
aaa) Complying with specified provisions of law relating to
the regulation of firearms;
bbb) 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;
ccc) Incident to, and in the course and scope of, training of
or by an individual to become licensed to carry a concealed
weapon;
ddd) Incident to and at the request of a sheriff or chief or
other head of a municipal police department;
eee) If 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 firearm that is not a handgun is to be
auctioned or otherwise sold for the nonprofit public
benefit mutual benefit corporation; and,
iii) The unloaded firearm that is not a handgun is to be
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delivered by a licensed firearms dealer.
fff) 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;
ggg) By a person exempted from the prohibition against
carrying a loaded firearm within the Governor's Mansion;
hhh) 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;
iii) 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;
jjj) The carrying of an unloaded firearm that is not a
handgun by a person who holds a specified permit;
aaaa)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 from the training;
bbbb)By a person in compliance with specified provisions
related to carrying a firearm in an airport; or,
cccc)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.
5)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.
6)Exempts from the prohibition against carrying an exposed and
unloaded handgun outside a vehicle in a public place a
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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.
7)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 an airport.
8)Made conforming technical changes.
FISCAL EFFECT : According to the Senate Appropriations Committee
1)Ongoing court costs for increased misdemeanor filings
potentially in excess of $100,000 (General Fund) per year,
offset to a degree by fine revenue.
2)Potential non-reimbursable local enforcement and incarceration
costs, offset to a degree by fine revenue.
3)While the impact of this bill independently on local jails
could be minor, the cumulative effect of increasing the number
of misdemeanors filed 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.
COMMENTS : According to the author, "AB 1527 is a modified
version of AB 144 from last session. AB 1527 bans the open
carrying of an unloaded firearm that is not a handgun in an
incorporated city or city and county, with specific exceptions."
The absence of a prohibition on 'open carry' of long guns has
created an increase in problematic instances of these 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-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'
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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 has 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
FN: 0005485