BILL ANALYSIS Ó
AB 249
Page 1
Date of Hearing: April 16, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 249 (Donnelly) - As Amended: March 19, 2013
SUMMARY : Repeals the prohibitions against the open carrying of
an unloaded firearm that is not a handgun, or an exposed and
unloaded handgun, on his or her person outside a vehicle while
on a public street or in a public place in an incorporated city
or city and county, and makes other conforming changes.
EXISTING LAW :
1)Makes it a misdemeanor punishable by imprisonment in the
county jail not to exceed six months, by a fine not to exceed
$1,000, or by both a fine and imprisonment for any person to
carry an exposed and unloaded handgun outside a vehicle upon
his or her person while in any public place or on any public
street in an incorporated city, or in any public place or
public street in a prohibited area of an unincorporated
county. [Penal Code Section 26350(b)(1).]
2)Provides that the crime of openly carrying an unloaded handgun
is punishable by imprisonment in the county jail not to exceed
one year, or by a fine not to exceed $1,000, or by that fine
and imprisonment if the handgun and unexpended ammunition
capable of being discharged from that firearm are in the
immediate possession of the person and the person is not the
registered owner of the firearm. [Penal Code Section
26350(b)(2).]
3)Makes 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. [Penal Code
Section 26400(b)(1).]
4)Provides that the crime of openly carrying an unloaded firearm
that is not a handgun on his or her person outside a vehicle
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while in an incorporated city or city and county is punishable
by imprisonment in the county jail not to exceed one year, or
by a fine not to exceed $1,000, or by that fine and
imprisonment if the handgun and unexpended ammunition capable
of being discharged from that firearm are in the immediate
possession of the person and the person is not in lawful
possession of the firearm. [Penal Code Section 26400(b)(2).]
5)Provides 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.
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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.
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,
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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
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;
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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
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 form the training.
bbbb)By a person in compliance with specified provisions
related to carrying a firearm in an airport.
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. (Penal Code Section 26405.)
6)Provides that a person is guilty of carrying a loaded firearm
when the person carries a loaded firearm upon the person or in
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a vehicle while at 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 an unincorporated territory.
[Penal Code Section 25850(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In the current
system, Californians are denied their second amendment rights.
The Concealed Carry Permit (CCP) system is very restrictive,
limiting permits to the elite and the wealthy. In most
counties, an individual seeking a concealed carry permit,
citing self-protection and defense as 'good cause', as
required by California Penal Code, is denied for lacking
specifics about the nature of the danger they face. Up until
recently, this injustice was offset by the fact that any
citizen could carry a firearm for self-defense, as long as it
wasn't concealed or loaded. Now, even this basic right has
been taken away. The second amendment right to "keep and bear
arms" is denied to Californians. This bill protects our
constitutional rights by repealing the bans on the open carry
of unloaded firearms."
2)Argument in Support : The National Rifle Association argues,
"The legislation that was passed to prohibit the 'open carry'
of firearms was pursued without a basic comprehension of what
an integral part the open carrying and possession of firearms
are in the numerous outdoor activities Californians enjoy.
"The defensive carrying of firearms in public is protected by
the Second Amendment of the United States Constitution, which
the U.S. Supreme Court has already stated protects 'the
individual right to possess and carry weapons in case of
confrontation.'
"The extreme nature of the 'open carry' prohibitions was
illustrated in the legislation itself, which followed the
prohibition with dozens of exceptions, all of which merely
reflect the fact that firearms are a normal and integral part
of American culture and are handled or carried in a variety of
perfectly innocent and legitimate contexts."
3)Argument in Opposition : The Peace Officer Research
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Association of California states, "The practice by individuals
and organizations to 'openly carry' firearms in public places
in order to challenge law enforcement and firearm statutes in
California is increasing in frequency. While PORAC
understands that most of these open carry demonstrations are
being done by law abiding citizens, it places law enforcement
and the public in a precarious and possibly dangerous
situation. Most often, law enforcement is called to the scene
based on a citizen or merchant complaint. When the officer
arrives at the scene, it is their obligation to question those
persons carrying the firearms and to enquire as to whether the
firearm is loaded. Until that officer has physically seen if
the firearm is loaded, that officer must assume that their
lives and the lives of those around them may be in danger.
"Again, these situations are potentially dangerous and should
not occur in a public place where any number of things could
go wrong. To repeal the provisions would be foolish and a
danger to public safety."
4)Prior Legislation :
a) AB 1527 (Portantino), Chapter 770, Statutes of 2012,
made it a misdemeanor 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.
b) AB 144 (Portantino), Chapter 725, Statutes of 2011, made
it a misdemeanor for any person to carry an exposed and
unloaded handgun outside a vehicle upon his or her person
while in any public place or on any public street in an
incorporated city, or in any public place or public street
in a prohibited area of an unincorporated county.
c) AB 1934 (Saldana) of the 2009-2010 Legislative Session
made it a misdemeanor for any person to carry an exposed
and unloaded handgun outside a vehicle upon his or her
person while in any public place or on any public street in
an incorporated city. AB 1934 died on the Assembly floor
while pending concurrence in Senate amendments.
REGISTERED SUPPORT / OPPOSITION :
Support
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California Federal Firearms Licensees
California Rifle and Pistol Association
National Rifle Association
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Police Chiefs Association
Law Center to Protect Gun Violence
Peace Officer Research Association of California
Taxpayers for Improving Public Safety
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744