California Legislature—2013–14 Regular Session

Assembly BillNo. 2305


Introduced by Assembly Member Ridley-Thomas

February 21, 2014


An act to amend Sections 21510, 25400, and 25850 of the Penal Code, relating to weapons.

LEGISLATIVE COUNSEL’S DIGEST

AB 2305, as introduced, Ridley-Thomas. Weapons.

Under existing law, every person who carries a switchblade knife upon the person is guilty of a misdemeanor. Under existing law, a person is guilty of carrying a concealed firearm when the person carries concealed any handgun upon the person. Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person while in any public place or on any public street.

This bill would make it a misdemeanor to carry a switchblade knife on or about the person. The bill would make a person who carries concealed a handgun on or about the person guilty of carrying a concealed firearm. The bill would make any person who carries a loaded firearm on or about the person guilty of carrying a loaded firearm. By expanding the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P2    1

SECTION 1.  

Section 21510 of the Penal Code is amended to
2read:

3

21510.  

begin deleteEvery end deletebegin insertA end insertperson whobegin delete doesend deletebegin insert commitsend insert any of the following
4begin insert actsend insert with a switchblade knife having a blade two or more inches
5in length is guilty of a misdemeanor:

6(a) Possesses the knife in the passenger’s or driver’s area of any
7motor vehicle in any public place or place open to the public.

8(b) Carries the knifebegin delete uponend deletebegin insert on or aboutend insert the person.

9(c) Sells, offers for sale, exposes for sale, loans, transfers, or
10gives the knife to any other person.

11

SEC. 2.  

Section 25400 of the Penal Code is amended to read:

12

25400.  

(a) A person is guilty of carrying a concealed firearm
13begin delete whenend deletebegin insert ifend insert the personbegin delete doesend deletebegin insert commitsend insert any of the followingbegin insert actsend insert:

14(1) Carries concealed within any vehicle that is under the
15person’s control or direction any pistol, revolver, or other firearm
16capable of being concealed upon the person.

17(2) Carries concealedbegin delete uponend deletebegin insert on or aboutend insert the person any pistol,
18revolver, or other firearm capable of being concealed upon the
19person.

20(3) Causes to be carried concealed within any vehicle in which
21the person is an occupant any pistol, revolver, or other firearm
22capable of being concealed upon the person.

23(b) A firearm carried openly in a belt holster is not concealed
24within the meaning of this section.

25(c) Carrying a concealed firearm in violation of this section is
26punishable as follows:

27(1) If the person previously has been convicted of any felony,
28or of any crime made punishable by a provision listed in Section
2916580, as a felony.

30(2) If the firearm is stolen and the person knew or had reasonable
31cause to believe that it was stolen, as a felony.

32(3) If the person is an active participant in a criminal street gang,
33as defined in subdivision (a) of Section 186.22, under the Street
34Terrorism Enforcement and Prevention Act (Chapter 11
35(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

36(4) If the person is not in lawful possession of the firearm or
37the person is within a class of persons prohibited from possessing
38or acquiring a firearm pursuant to Chapter 2 (commencing with
P3    1Section 29800) or Chapter 3 (commencing with Section 29900)
2of Division 9 of this title, or Section 8100 or 8103 of the Welfare
3and Institutions Code, as a felony.

4(5) If the person has been convicted of a crime against a person
5or property, or of a narcotics or dangerous drug violation, by
6imprisonment pursuant to subdivision (h) of Section 1170, or by
7imprisonment in a county jail not to exceed one year, by a fine not
8to exceed one thousand dollars ($1,000), or by both that
9imprisonment and fine.

10(6) If both of the following conditions are met, by imprisonment
11pursuant to subdivision (h) of Section 1170, or by imprisonment
12in a county jail not to exceed one year, by a fine not to exceed one
13thousand dollars ($1,000), or by both that fine and imprisonment:

14(A) The pistol, revolver, or other firearm capable of being
15concealed upon the person is loaded, or both it and the unexpended
16ammunition capable of being discharged from it are in the
17immediate possession of the person or readily accessible to that
18person.

19(B) The person is not listed with the Department of Justice
20pursuant tobegin delete paragraph (1) of subdivision (c) ofend delete Section 11106 as
21the registered owner of that pistol, revolver, or other firearm
22capable of being concealed upon the person.

23(7) In all cases other than those specified in paragraphs (1) to
24(6), inclusive, by imprisonment in a county jail not to exceed one
25year, by a fine not to exceed one thousand dollars ($1,000), or by
26both that imprisonment and fine.

27(d) (1) Every person convicted under this section who
28previously has been convicted of a misdemeanor offense
29enumerated in Section 23515 shall be punished by imprisonment
30in a county jail for at least three months and not exceeding six
31months, or, if granted probation, or if the execution or imposition
32of sentence is suspended, it shall be a condition thereof that the
33person be imprisoned in a county jail for at least three months.

34(2) Every person convicted under this section who has
35previously been convicted of any felony, or of any crime made
36punishable by a provision listed in Section 16580, if probation is
37granted, or if the execution or imposition of sentence is suspended,
38it shall be a condition thereof that the person be imprisoned in a
39county jail for not less than three months.

P4    1(e) The court shall apply the three-month minimum sentence
2as specified in subdivision (d), except in unusual cases where the
3interests of justice would best be served by granting probation or
4suspending the imposition or execution of sentence without the
5minimum imprisonment required in subdivision (d) or by granting
6probation or suspending the imposition or execution of sentence
7with conditions other than those set forth in subdivision (d), in
8which case, the court shall specify on the record and shall enter
9on the minutes the circumstances indicating that the interests of
10justice would best be served by that disposition.

11(f) A peace officer may arrest a person for a violation of
12paragraph (6) of subdivision (c) if the peace officer has probable
13cause to believe that the person is not listed with the Department
14of Justice pursuant tobegin delete paragraph (1) of subdivision (c) ofend delete Section
1511106 as the registered owner of the pistol, revolver, or other
16firearm capable of being concealed upon the person, and one or
17more of the conditions in subparagraph (A) of paragraph (6) of
18subdivision (c) is met.

19

SEC. 3.  

Section 25850 of the Penal Code is amended to read:

20

25850.  

(a) A person is guilty of carrying a loaded firearm
21when the person carries a loaded firearm onbegin insert or aboutend insert the person
22or in a vehicle while in any public place or on any public street in
23an incorporated city or in any public place or on any public street
24in a prohibited area of unincorporated territory.

25(b) In order to determine whether or not a firearm is loaded for
26the purpose of enforcing this section, peace officers are authorized
27to examine any firearm carried by anyone onbegin insert or aboutend insert the person
28or in a vehicle while in any public place or on any public street in
29an incorporated city or prohibited area of an unincorporated
30territory. Refusal to allow a peace officer to inspect a firearm
31pursuant to this section constitutes probable cause for arrest for
32violation of this section.

33(c) Carrying a loaded firearm in violation of this section is
34punishable, as follows:

35(1) Where the person previously has been convicted of any
36felony, or of any crime made punishable by a provision listed in
37Section 16580, as a felony.

38(2) Where the firearm is stolen and the person knew or had
39reasonable cause to believe that it was stolen, as a felony.

P5    1(3) Where the person is an active participant in a criminal street
2gang, as defined in subdivision (a) of Section 186.22, under the
3Street Terrorism Enforcement and Prevention Act (Chapter 11
4(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

5(4) Where the person is not in lawful possession of the firearm,
6or is within a class of persons prohibited from possessing or
7acquiring a firearm pursuant to Chapter 2 (commencing with
8Section 29800) or Chapter 3 (commencing with Section 29900)
9of Division 9 of this title, or Section 8100 or 8103 of the Welfare
10and Institutions Code, as a felony.

11(5) Where the person has been convicted of a crime against a
12person or property, or of a narcotics or dangerous drug violation,
13by imprisonment pursuant to subdivision (h) of Section 1170, or
14by imprisonment in a county jail not to exceed one year, by a fine
15not to exceed one thousand dollars ($1,000), or by both that
16imprisonment and fine.

17(6) Where the person is not listed with the Department of Justice
18pursuant to Section 11106 as the registered owner of the handgun,
19by imprisonment pursuant to subdivision (h) of Section 1170, or
20by imprisonment in a county jail not to exceed one year, or by a
21fine not to exceed one thousand dollars ($1,000), or both that fine
22and imprisonment.

23(7) In all cases other than those specified in paragraphs (1) to
24(6), inclusive, as a misdemeanor, punishable by imprisonment in
25a county jail not to exceed one year, by a fine not to exceed one
26thousand dollars ($1,000), or by both that imprisonment and fine.

27(d) (1) Every person convicted under this section who has
28previously been convicted of an offense enumerated in Section
2923515, or of any crime made punishable under a provision listed
30in Section 16580, shall serve a term of at least three months in a
31county jail, or, if granted probation or if the execution or imposition
32of sentence is suspended, it shall be a condition thereof that the
33person be imprisoned for a period of at least three months.

34(2) The court shall apply the three-month minimum sentence
35except in unusual cases where the interests of justice would best
36be served by granting probation or suspending the imposition or
37execution of sentence without the minimum imprisonment required
38in this section or by granting probation or suspending the
39imposition or execution of sentence with conditions other than
40those set forth in this section, in which case, the court shall specify
P6    1on the record and shall enter on the minutes the circumstances
2indicating that the interests of justice would best be served by that
3disposition.

4(e) A violation of this section that is punished by imprisonment
5in a county jail not exceeding one year shall not constitute a
6conviction of a crime punishable by imprisonment for a term
7exceeding one year for the purposes of determining federal firearms
8eligibility under Section 922(g)(1) of Title 18 of the United States
9Code.

10(f) Nothing in this section, or in Article 3 (commencing with
11Section 25900) or Article 4 (commencing with Section 26000),
12shall preclude prosecution under Chapter 2 (commencing with
13Section 29800) or Chapter 3 (commencing with Section 29900)
14of Division 9 of this title, Section 8100 or 8103 of the Welfare and
15Institutions Code, or any other law with a greater penalty than this
16section.

17(g) Notwithstanding paragraphs (2) and (3) of subdivision (a)
18of Section 836, a peace officer may make an arrest without a
19warrant:

20(1) When the person arrested has violated this section, although
21not in the officer’s presence.

22(2) Whenever the officer has reasonable cause to believe that
23the person to be arrested has violated this section, whether or not
24this section has, in fact, been violated.

25(h) A peace officer may arrest a person for a violation of
26paragraph (6) of subdivision (c), if the peace officer has probable
27cause to believe that the person is carrying a handgun in violation
28of this section and that person is not listed with the Department of
29Justice pursuant tobegin delete paragraph (1) of subdivision (c) ofend delete Section
3011106 as the registered owner of that handgun.

31

SEC. 4.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P7    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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