Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 249

Introduced by Assembly Member Donnelly

February 6, 2013

An act to amend begin delete Section 630 of end delete begin insert Sections 7574.14 and 7582.2 of the Business and Professions Code, and to amend Sections 16520, 16750, 16850, 25590, and 25605 of, to repeal Sections 626.92, 16505, 16950, 17040, 17295, and 17512 of, to repeal Chapter 6 (commencing with Section 26350) of, and to repeal Chapter 7 (commencing with Section 26400) of, Division 5 of Title 4 of Part 6 of, end insert the Penal Code, relating to begin delete invasion of privacy end delete begin insert firearms end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 249, as amended, Donnelly. begin delete Invasion of privacy. end delete begin insert Firearms: open carry prohibitions. end insert

begin insert

Existing law, subject to certain exceptions, makes it an offense for a person to carry an exposed and unloaded handgun on his or her person outside a motor vehicle or inside or on a motor vehicle in public areas and public streets, as specified. Existing law, subject to exceptions makes it an offense 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 and makes it an offense to carry an unloaded firearm that is not a handgun outside a motor vehicle in an incorporated city or city and county, as specified.

end insert begin insert

This bill would repeal these provisions. The bill would make additional conforming changes.

end insert begin delete

Existing law makes wiretapping without the consent of all parties to the communication, or in an unauthorized manner, a crime. Existing law further declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of those devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society. Existing law expresses the intent of the Legislature to protect the right of privacy of the people of California.

end delete begin delete

This bill would make a technical, nonsubstantive change to those provisions describing the invasion of privacy resulting from the use of those devices.

end delete

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

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

begin insert

begin insert SECTION 1 end insert begin insert . end insert   

end insert

begin insert Section 7574.14 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

7574.14.  

This chapter shall not apply to the following:

(a) An officer or employee of the United States of America, or
of this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official
duties, including uniformed peace officers employed part time by
a public agency pursuant to a written agreement between a chief
of police or sheriff and the public agency, provided the part-time
employment does not exceed 50 hours in a calendar month.

(b) A person engaged exclusively in the business of obtaining
and furnishing information as to the financial rating of persons.

(c) A charitable philanthropic society or association incorporated
under the laws of this state that is organized and duly maintained
for the public good and not for private profit.

(d) Patrol special police officers appointed by the police
commission of a city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of
age, (3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as
the owners of a certain beat or territory as may be fixed from time
to time by the police commission.

(e) An attorney at law in performing his or her duties as an
attorney at law.

(f) A collection agency or an employee thereof while acting
within the scope of his or her employment, while making an
investigation incidental to the business of the agency, including
an investigation of the location of a debtor or his or her property
where the contract with an assignor creditor is for the collection
of claims owed or due or asserted to be owed or due or the
equivalent thereof.

(g) Admitted insurers and agents and insurance brokers licensed
by the state, performing duties in connection with insurance
transacted by them.

(h) A bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the
Comptroller of Currency of the United States.

(i) A person engaged solely in the business of securing
information about persons or property from public records.

(j) A peace officer of this state or a political subdivision thereof
while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126
of the Government Code. However, nothing herein shall exempt
such a peace officer who either contracts for his or her services or
the services of others as a private patrol operator or contracts for
his or her services as or is employed as an armed private security
officer. For purposes of this subdivision, “armed security officer”
means an individual who carries or uses a firearm in the course
and scope of that contract or employment.

(k) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement
officer of the jurisdiction where the employment takes place,
provided that the retired officer is in a uniform of a public law
enforcement agency, has registered with the bureau on a form
approved by the director, and has met any training requirements
or their equivalent as established for security personnel under
Section 7583.5. This officer begin delete may not carry an unloaded and
exposed handgun unless he or she is exempted under the provisions
of Article 2 (commencing with Section 26361) of Chapter 6 of
Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
an unloaded firearm that is not a handgun unless he or she is
exempted under the provisions of Article 2 (commencing with
Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
the Penal Code, and end delete may not carry a loaded or concealed firearm
unless he or she is exempted under the provisions of Sections
25450 to 25475, inclusive, of the Penal Code or Sections 25900
to 25910, inclusive, of the Penal Code or has met the requirements
set forth in subdivision (d) of Section 26030 of the Penal Code.
However, nothing herein shall exempt the retired peace officer
who contracts for his or her services or the services of others as a
private patrol operator.

(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.

(m) A savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.

(n) A secured creditor engaged in the repossession of the
creditor’s collateral and a lessor engaged in the repossession of
leased property in which it claims an interest.

(o) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.

(p) An unarmed, uniformed security person employed
exclusively and regularly by a motion picture studio facility
employer who does not provide contract security services for other
entities or persons in connection with the affairs of that employer
only and where there exists an employer-employee relationship if
that person at no time carries or uses a deadly weapon, as defined
in subdivision (a), in the performance of his or her duties, which
may include, but are not limited to, the following business
purposes:

(1) The screening and monitoring access of employees of the
same employer.

(2) The screening and monitoring access of prearranged and
preauthorized invited guests.

(3) The screening and monitoring of vendors and suppliers.

(4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.

(q) An armored contract carrier operating armored vehicles
pursuant to the authority of the Department of the California
Highway Patrol or the Public Utilities Commission, or an armored
vehicle guard employed by an armored contract carrier.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 7582.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7582.2.  

This chapter does not apply to the following:

(a) A person who does not meet the requirements to be a
proprietary private security officer, as defined in Section 7574.01,
and is employed exclusively and regularly by an employer who
does not provide contract security services for other entities or
persons, in connection with the affairs of the employer only and
where there exists an employer-employee relationship if that person
at no time carries or uses a deadly weapon in the performance of
his or her duties. For purposes of this subdivision, “deadly weapon”
is defined to include an instrument or weapon of the kind
commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any
other firearm, a knife having a blade longer than five inches, a
razor with an unguarded blade, and a metal pipe or bar used or
intended to be used as a club.

(b) An officer or employee of the United States of America, or
of this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official
duties, including uniformed peace officers employed part time by
a public agency pursuant to a written agreement between a chief
of police or sheriff and the public agency, provided the part-time
employment does not exceed 50 hours in any calendar month.

(c) A person engaged exclusively in the business of obtaining
and furnishing information as to the financial rating of persons.

(d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.

(e) Patrol special police officers appointed by the police
commission of a city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of
age, (3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as
the owners of a certain beat or territory as may be fixed from time
to time by the police commission.

(f) An attorney at law in performing his or her duties as an
attorney at law.

(g) A collection agency or an employee thereof while acting
within the scope of his or her employment, while making an
investigation incidental to the business of the agency, including
an investigation of the location of a debtor or his or her property
where the contract with an assignor creditor is for the collection
of claims owed or due or asserted to be owed or due or the
equivalent thereof.

(h) Admitted insurers and agents and insurance brokers licensed
by the state, performing duties in connection with insurance
transacted by them.

(i) A bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the
Comptroller of the Currency of the United States.

(j) A person engaged solely in the business of securing
information about persons or property from public records.

(k) A peace officer of this state or a political subdivision thereof
while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126
of the Government Code. However, nothing herein shall exempt
a peace officer who either contracts for his or her services or the
services of others as a private patrol operator or contracts for his
or her services as or is employed as an armed private security
officer. For purposes of this subdivision, “armed security officer”
means an individual who carries or uses a firearm in the course
and scope of that contract or employment.

(l) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement
officer of the jurisdiction where the employment takes place,
provided that the retired officer is in a uniform of a public law
enforcement agency, has registered with the bureau on a form
approved by the director, and has met any training requirements
or their equivalent as established for security personnel under
Section 7583.5. This officer begin delete may not carry an unloaded and
exposed handgun unless he or she is exempted under the provisions
of Article 2 (commencing with Section 26361) of Chapter 6 of
Division 5 of Title 4 of Part 6 of the Penal Code, may not carry
an unloaded firearm that is not a handgun unless he or she is
exempted under the provisions of Article 2 (commencing with
Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of
the Penal Code, and end delete may not carry a loaded or concealed firearm
unless he or she is exempted under the provisions of Article 2
(commencing with Section 25450) of Chapter 2 of Division 5 of
Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910,
inclusive, of the Penal Code or has met the requirements set forth
in subdivision (d) of Section 26030 of the Penal Code. However,
nothing herein shall exempt the retired peace officer who contracts
for his or her services or the services of others as a private patrol
operator.

(m) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.

(n) A savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.

(o) A secured creditor engaged in the repossession of the
creditor’s collateral and a lessor engaged in the repossession of
leased property in which it claims an interest.

(p) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.

(q) An unarmed, uniformed security person employed
exclusively and regularly by a motion picture studio facility
employer who does not provide contract security services for other
entities or persons in connection with the affairs of that employer
only and where there exists an employer-employee relationship if
that person at no time carries or uses a deadly weapon, as defined
in subdivision (a), in the performance of his or her duties, which
may include, but are not limited to, the following business
purposes:

(1) The screening and monitoring access of employees of the
same employer.

(2) The screening and monitoring access of prearranged and
preauthorized invited guests.

(3) The screening and monitoring of vendors and suppliers.

(4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.

(r) The changes made to this section by the act adding this
subdivision during the 2005-06 Regular Session of the Legislature
shall apply as follows:

(1) On and after July 1, 2006, to a person hired as a security
officer on and after January 1, 2006.

(2) On and after January 1, 2007, to a person hired as a security
officer before January 1, 2006.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 626.92 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

626.92.  

Section 626.9 does not apply to or affect any of the
following:

(a) A security guard authorized to openly carry an unloaded
handgun pursuant to Chapter 6 (commencing with Section 26350)
of Division 5 of Title 4 of Part 6.

(b) An honorably retired peace officer authorized to openly
carry an unloaded handgun pursuant to Section 26361.

(c) A security guard authorized to openly carry an unloaded
firearm that is not a handgun pursuant to Chapter 7 (commencing
with Section 26400) of Division 5 of Title 4 of Part 6.

(d) An honorably retired peace officer authorized to openly
carry an unloaded firearm that is not a handgun pursuant to Section
26405.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 16505 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

16505.  

For purposes of Chapter 7 (commencing with Section
26400) of Division 5 of Title 4, a firearm is “encased” when that
firearm is enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped,
buckled, tied, or otherwise fastened with no part of that firearm
exposed.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 16520 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16520.  

(a) As used in this part, “firearm” means a device,
designed to be used as a weapon, from which is expelled through
a barrel, a projectile by the force of an explosion or other form of
combustion.

(b) As used in the following provisions, “firearm” includes the
frame or receiver of the weapon:

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26600 to 27140, inclusive.

(9) Sections 27400 to 28000, inclusive.

(10) Section 28100.

(11) Sections 28400 to 28415, inclusive.

(12) Sections 29010 to 29150, inclusive.

(13) Sections 29610 to 29750, inclusive.

(14) Sections 29800 to 29905, inclusive.

(15) Sections 30150 to 30165, inclusive.

(16) Section 31615.

(17) Sections 31705 to 31830, inclusive.

(18) Sections 34355 to 34370, inclusive.

(19) Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.

(c) As used in the following provisions, “firearm” also includes
a rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

(5) Subdivisions (a), (b), and (c) of Section 26030.

(6) Sections 26035 to 26055, inclusive.

(d) As used in the following provisions, “firearm” does not
include an unloaded antique firearm:

(1) Subdivisions (a) and (c) of Section 16730.

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

begin delete

(5) Chapter 6 (commencing with Section 26350) of Division 5
of Title 4.

end delete begin delete

(6) Chapter 7 (commencing with Section 26400) of Division 5
of Title 4.

end delete begin delete

(7)

end delete

begin insert (5) end insert  Sections 26500 to 26588, inclusive.

begin delete

(8)

end delete

begin insert (6) end insert  Sections 26700 to 26915, inclusive.

begin delete

(9)

end delete

begin insert (7) end insert  Section 27510.

begin delete

(10)

end delete

begin insert (8) end insert  Section 27530.

begin delete

(11)

end delete

begin insert (9) end insert  Section 27540.

begin delete

(12)

end delete

begin insert (10) end insert  Section 27545.

begin delete

(13)

end delete

begin insert (11) end insert  Sections 27555 to 27570, inclusive.

begin delete

(14)

end delete

begin insert (12) end insert  Sections 29010 to 29150, inclusive.

(e) As used in Sections 34005 and 34010, “firearm” does not
include a destructive device.

(f) As used in Sections 17280 and 24680, “firearm” has the
same meaning as in Section 922 of Title 18 of the United States
Code.

(g) As used in Sections 29010 to 29150, inclusive, “firearm”
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame
or receiver.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 16750 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16750.  

(a) As used in Section 25400, “lawful possession of
the firearm” means that the person who has possession or custody
of the firearm either lawfully owns the firearm or has the
permission of the lawful owner or a person who otherwise has
apparent authority to possess or have custody of the firearm. A
person who takes a firearm without the permission of the lawful
owner or without the permission of a person who has lawful
custody of the firearm does not have lawful possession of the
firearm.

(b) As used in Article 2 (commencing with Section 25850),
Article 3 (commencing with Section 25900), and Article 4
(commencing with Section 26000) of Chapter 3 of Division 5 of
Title 4, begin delete Chapter 6 (commencing with Section 26350) of Division
5 of Title 4, and Chapter 7 (commencing with Section 26400) of
Division 5 of Title 4, end delete “lawful possession of the firearm” means
that the person who has possession or custody of the firearm either
lawfully acquired and lawfully owns the firearm or has the
permission of the lawful owner or person who otherwise has
apparent authority to possess or have custody of the firearm. A
person who takes a firearm without the permission of the lawful
owner or without the permission of a person who has lawful
custody of the firearm does not have lawful possession of the
firearm.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 16850 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16850.  

As used in Sections 17740, 23925, 25105, 25205, and
25610, begin insert and end insert in Article 3 (commencing with Section 25505) of
Chapter 2 of Division 5 of Title 4, begin delete in Chapter 6 (commencing with
Section 26350) of Division 5 of Title 4, and in Chapter 7
(commencing with Section 26400) of Division 5 of Title 4, end delete “locked
container” means a secure container that is fully enclosed and
locked by a padlock, keylock, combination lock, or similar locking
device. The term “locked container” does not include the utility
or glove compartment of a motor vehicle.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 16950 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

16950.  

As used in Chapter 6 (commencing with Section 26350)
of Division 5 of Title 4, a handgun shall be deemed to be carried
openly or exposed if the handgun is not carried concealed within
the meaning of Section 25400.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 17040 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

17040.  

As used in Chapter 6 (commencing with Section 26350)
of Division 5 of Title 4, “public place” has the same meaning as
in Section 25850.

end delete

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 17295 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

17295.  

(a) For purposes of Chapter 6 (commencing with
Section 26350) of Division 5 of Title 4, a handgun shall be deemed
“unloaded” if it is not “loaded” within the meaning of subdivision
(b) of Section 16840.

(b) For purposes of Chapter 7 (commencing with Section 26400)
of Division 5 of Title 4, a firearm that is not a handgun shall be
deemed “unloaded” if it is not “loaded” within the meaning of
subdivision (b) of Section 16840.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 17512 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

17512.  

It is a misdemeanor for a driver of any motor vehicle
or the owner of any motor vehicle, whether or not the owner of
the vehicle is occupying the vehicle, to knowingly permit any other
person to carry into or bring into the vehicle a firearm in violation
of Section 26350.

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 25590 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

25590.  

Section 25400 does not apply to, or affect, the
transportation of a firearm by a person if done directly between
any of the places set forth below:

(a) A place where the person may carry that firearm pursuant
to an exemption from the prohibition set forth in subdivision (a)
of Section 25400.

(b) A place where that person may carry that firearm pursuant
to an exemption from the prohibition set forth in subdivision (a)
of Section 25850, or a place where the prohibition set forth in
subdivision (a) of Section 25850 does not apply.

begin delete

(c) A place where that person may carry a firearm pursuant to
an exemption from the prohibition set forth in subdivision (a) of
Section 26350, or a place where the prohibition set forth in
subdivision (a) of Section 26350 does not apply.

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 25605 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

25605.  

(a) Section 25400 begin delete and Chapter 6 (commencing with
Section 26350) of Division 5 end delete 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) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall 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) Nothing in this section shall be construed as affecting the
application of Sections 25850 to 26055, inclusive.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Chapter 6 (commencing with Section 26350) of
Division 5 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Chapter 7 (commencing with Section 26400) of
Division 5 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

SECTION 1.  

Section 630 of the Penal Code is amended to
read:

630.  

(a) The Legislature hereby declares that advances in
science and technology have led to the development of new devices
and techniques for the purpose of eavesdropping upon private
communications and that the invasion of privacy resulting from
the continual and increasing use of those devices and techniques
has created a serious threat to the free exercise of personal liberties
and cannot be tolerated in a free and civilized society.

(b) The Legislature by this chapter intends to protect the right
of privacy of the people of this state.

(c) The Legislature recognizes that law enforcement agencies
have a legitimate need to employ modern listening devices and
techniques in the investigation of criminal conduct and the
apprehension of lawbreakers. Therefore, it is not the intent of the
Legislature to place greater restraints on the use of listening devices
and techniques by law enforcement agencies than existed prior to
the effective date of this chapter.

end delete