Amended in Assembly May 23, 2013

Amended in Assembly May 2, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 180


Introduced by Assembly Member Bonta

January 24, 2013


An act to amend Section 53071 of the Government Code, and to amend Section 25605 of the Penal Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 180, as amended, Bonta. Registration and licensing of firearms:begin delete exclusive regulation by the Legislature.end deletebegin insert City of Oakland.end insert

Existing law statesbegin delete the intentionend deletebegin insert that it is the intentend insert of the Legislature to occupy the whole field of regulation of registration or licensing of commercially manufactured firearmsbegin delete as encompassed by the Penal Code to the exclusion of all local regulations.end deletebegin insert and that provisions of existing law are exclusive of all local regulations relating to registration or licensing of commercially manufactured firearms, as specified.end insert

begin insert

Existing law makes a person guilty of carrying a concealed firearm under specified circumstances. Existing law makes a person guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on specified locations. Existing law specifies that those provisions are not applicable to a person who carries any handgun anywhere within the person’s place of residence, place of business, or on specified property. Existing law prohibits a permit or license to purchase a handgun from being required of any person to purchase, own, possess, keep, or carry, a handgun within the person’s place of residence, place of business, or on specified property.

end insert

This bill wouldbegin delete provide an exception to those provisions by authorizingend deletebegin insert authorizeend insert the City of Oakland to enact an ordinance or regulationbegin insert, applicable solely to its residents and in accordance with federal law,end insert that is more restrictive than state law regulating the registration or licensing of commercially manufactured firearmsbegin delete as encompassed by the Penal Code and make conforming changesend delete.begin insert The bill would also provide that those provisions relating to the carrying of a handgun within the person’s place of residence, place of business, or on specified property do not affect the application of the aforementioned authorization to the City of Oakland.end insert

begin insert

This bill would make legislative findings and declarations regarding the need for special legislation.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 53071 of the Government Code is
2amended to read:

3

53071.  

(a) It is thebegin delete intentionend deletebegin insert intentend insert of the Legislature to occupy
4the whole field of regulation of the registration or licensing of
5commercially manufactured firearms as encompassed by the
6provisions of the Penal Code, and such provisions shall be
7exclusive of all local regulations, relating to registration or
8licensing of commercially manufactured firearms, by any political
9subdivision as defined in Section 1721 of the Labor Code.

10(b) Notwithstanding subdivision (a), the City of Oakland may
11 enact an ordinance or regulationbegin insert, applicable solely to its residents
12and in accordance with federal law,end insert
that is more restrictive than
13state law regulating the registration or licensing of commercially
14manufactured firearms as encompassed by the Penal Code.

15

SEC. 2.  

Section 25605 of the Penal Code is amended to read:

16

25605.  

(a) Section 25400 and Chapter 6 (commencing with
17Section 26350) of Division 5 shall not apply to or affect any citizen
18of the United States or legal resident over the age of 18 years who
19resides or is temporarily within this state, and who is not within
20the excepted classes prescribed by Chapter 2 (commencing with
21Section 29800) or Chapter 3 (commencing with Section 29900)
P3    1of Division 9 of this title, or Section 8100 or 8103 of the Welfare
2and Institutions Code, who carries, either openly or concealed,
3anywhere within the citizen’s or legal resident’s place of residence,
4place of business, or on private property owned or lawfully
5possessed by the citizen or legal resident, any handgun.

6(b) A permit or license to purchase, own, possess, keep, or carry,
7either openly or concealed, shall not be required of any citizen of
8the United States or legal resident over the age of 18 years who
9resides or is temporarily within this state, and who is not within
10the excepted classes prescribed by Chapter 2 (commencing with
11Section 29800) or Chapter 3 (commencing with Section 29900)
12of Division 9 of this title, or Section 8100 or 8103 of the Welfare
13and Institutions Code, to purchase, own, possess, keep, or carry,
14either openly or concealed, a handgun within the citizen’s or legal
15resident’s place of residence, place of business, or on private
16property owned or lawfully possessed by the citizen or legal
17resident.

18(c) This section shall not be construed as affecting the
19application of Sections 25850 to 26055, inclusive.

20(d) This section shall not be construed as affecting the
21application of subdivision (b) of Section 53071 of the Government
22Code.

23begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
24is necessary and that a general law cannot be made applicable
25within the meaning of Section 16 of Article IV of the California
26Constitution because the City of Oakland is suffering from the
27worst gun violence among cities in the state, with 131 homicides
28and over 4,000 gun-related crimes in 2012.

end insert


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