BILL NUMBER: SB 894 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
FEBRUARY 18, 2011
An act to amend Sections 25400 and 25850 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 894, as introduced, Runner. Firearms: felons.
Existing law makes it an offense to carry a concealed firearm, as
specified. Existing law provides that the offense is punishable as a
felony if the offender has previously been convicted of a felony.
This bill would instead provide that the offense would be
punishable by 3 years imprisonment in the state prison, if the
offender was previously convicted of a felony.
Existing law makes it an offense when a person carries a loaded
firearm on the person or in a vehicle while in any public place or on
any public street in an incorporated city or in any public place or
on any public street in a prohibited area of unincorporated
territory. Existing law provides that the offense is punishable as a
felony if the offender has previously been convicted of a felony.
This bill would instead provide that the offense would be
punishable by 3 years imprisonment in the state prison, if the
offender was previously convicted of a felony.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25400 of the Penal Code is amended to read:
25400. (a) A person is guilty of carrying a concealed firearm
when the person does any of the following:
(1) Carries concealed within any vehicle that is under the person'
s control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or
other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the
person is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) A firearm carried openly in a belt holster is not concealed
within the meaning of this section.
(c) Carrying a concealed firearm in violation of this section is
punishable as follows:
(1) (A) If the person previously has been
convicted of any felony, or by imprisonment
for three years in the state prison.
(B) If the person has previously been
convicted of any crime made punishable by a provision listed in
Section 16580, as a felony.
(2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.
(3) If 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) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, as a felony.
(5) If 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) If both of the following conditions are met, 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:
(A) The pistol, revolver, or other firearm capable of being
concealed upon the person is loaded, or both it and the unexpended
ammunition capable of being discharged from it are in the immediate
possession of the person or readily accessible to that person.
(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.
(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.
(d) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
23515 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 the person 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 a
provision listed in Section 16580, if probation is granted, or if the
execution or imposition of sentence is suspended, it shall be a
condition thereof that the person 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) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c) 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, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(c) is met.
SEC. 2. Section 25850 of the Penal Code is amended to read:
25850. (a) A person is guilty of carrying a loaded firearm when
the person carries a loaded firearm on the person or in a vehicle
while in any public place or on any public street in an incorporated
city or in any public place or on any public street in a prohibited
area of unincorporated territory.
(b) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on the person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
(c) Carrying a loaded firearm in violation of this section is
punishable, as follows:
(1) (A) Where the person previously has been
convicted of any felony, or by imprisonment
for three years in the state prison.
(B) Where the person previously has
been convicted of any crime made punishable by a provision
listed in Section 16580, 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,
or is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, 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) Where the person is not listed with the Department of Justice
pursuant to Section 11106 as the registered owner of the handgun, by
imprisonment in the state prison, or by imprisonment in a county jail
not to exceed one year, or by a fine not to exceed one thousand
dollars ($1,000), or both that fine and imprisonment.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, as a misdemeanor, punishable 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.
(d) (1) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section 23515,
or of any crime made punishable under a provision listed in Section
16580, shall serve a term of at least three months in a county jail,
or, if 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 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 section or
by granting probation or suspending the imposition or execution of
sentence with conditions other than those set forth in this section,
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.
(e) A violation of this section that is punished 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.
(f) Nothing in this section, or in Article 3 (commencing with
Section 25900) or Article 4 (commencing with Section 26000), shall
preclude prosecution under Chapter 2 (commencing with Section 29800)
or Chapter 3 (commencing with Section 29900) of Division 9 of this
title, Section 8100 or 8103 of the Welfare and Institutions Code, or
any other law with a greater penalty than this section.
(g) Notwithstanding paragraphs (2) and (3) of subdivision (a) of
Section 836, a peace officer may make an arrest without a warrant:
(1) When the person arrested has violated this section, although
not in the officer's presence.
(2) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
(h) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c), if the peace officer has probable
cause to believe that the person is carrying a handgun in violation
of this section and that 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 handgun.