BILL NUMBER: AB 180 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2013
AMENDED IN ASSEMBLY MAY 2, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
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:
exclusive regulation by the Legislature.
City of Oakland.
Existing law states the intention that it
is the intent of the Legislature to occupy the whole field of
regulation of registration or licensing of commercially manufactured
firearms as encompassed by the Penal Code to the exclusion
of all local regulations. and that provisions of
existing law are exclusive of all local regulations relating to
registration or licensing of commercially manufactured firearms, as
specified.
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.
This bill would provide an exception to those provisions
by authorizing authorize the City of Oakland to
enact an ordinance or regulation , applicable solely to its
residents and in accordance with federal law, that is more
restrictive than state law regulating the registration or licensing
of commercially manufactured firearms as encompassed by the
Penal Code and make conforming changes . 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.
This bill would make legislative findings and declarations
regarding the need for special legislation.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53071 of the Government Code is amended to
read:
53071. (a) It is the intention intent
of the Legislature to occupy the whole field of regulation of
the registration or licensing of commercially manufactured firearms
as encompassed by the provisions of the Penal Code, and such
provisions shall be exclusive of all local regulations, relating to
registration or licensing of commercially manufactured firearms, by
any political subdivision as defined in Section 1721 of the Labor
Code.
(b) Notwithstanding subdivision (a), the City of Oakland may enact
an ordinance or regulation , applicable solely to its residents
and in accordance with federal law, that is more restrictive
than state law regulating the registration or licensing of
commercially manufactured firearms as encompassed by the Penal Code.
SEC. 2. Section 25605 of the Penal Code is amended to read:
25605. (a) Section 25400 and Chapter 6 (commencing with Section
26350) of Division 5 shall not apply to or affect any citizen of the
United States or legal resident over the age of 18 years who resides
or is temporarily within this state, and who is not within the
excepted classes prescribed by 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, who carries, either openly or concealed, anywhere within the
citizen's or legal resident's place of residence, place of business,
or on private property owned or lawfully possessed by the citizen or
legal resident, any handgun.
(b) A permit or license to purchase, own, possess, keep, or carry,
either openly or concealed, shall not be required of any citizen of
the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by 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, to purchase, own, possess, keep, or carry, either openly or
concealed, a handgun within the citizen's or legal resident's place
of residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident.
(c) This section shall not be construed as affecting the
application of Sections 25850 to 26055, inclusive.
(d) This section shall not be construed as affecting the
application of subdivision (b) of Section 53071 of the Government
Code.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because the City of Oakland is suffering from
the worst gun violence among cities in the state, with 131 homicides
and over 4,000 gun-related crimes in 2012.