Amended in Assembly April 10, 2014

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 amended, 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.begin insert The bill would define the term “on or about the person” for the purposes of these provisions and would make technical, conforming changes.end insert 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 insert(a)end insertbegin insertend insert A person who commits any of the following acts
4with a switchblade knife having a blade two or more inches in
5length is guilty of a misdemeanor:

begin delete

6(a)

end delete

7begin insert(end insertbegin insert1)end insert Possesses the knife in the passenger’s or driver’s area of any
8motor vehicle in any public place or place open to the public.

begin delete

9(b)

end delete

10begin insert(end insertbegin insert2)end insert Carries the knife on or about the person.

begin delete

11(c)

end delete

12begin insert(end insertbegin insert3)end insert Sells, offers for sale, exposes for sale, loans, transfers, or
13gives the knife to any other person.

begin insert

14(b) For purposes of this section, “on or about the person”
15includes upon the body of a person, in the attire or clothing of a
16person, in a bag or container carried by the person, or in close
17proximity to, within the immediate reach of, or conveniently
18accessible to, the person.

end insert
19

SEC. 2.  

Section 25400 of the Penal Code is amended to read:

20

25400.  

(a) begin deleteA end deletebegin insertExcept as otherwise provided by law, a end insertperson
21is guilty of carrying a concealed firearm if the person commits any
22of the following acts:

23(1) Carries concealed within any vehicle that is under the
24person’s control or direction any pistol, revolver, or other firearm
25capable of being concealed upon the person.

26(2) Carries concealed on or about the person any pistol, revolver,
27or other firearm capable of being concealed upon the person.

28(3) Causes to be carried concealed within any vehicle in which
29the person is an occupant any pistol, revolver, or other firearm
30capable of being concealed upon the person.

begin insert

31(b) For purposes of this section, “on or about the person”
32includes upon the body of a person, in the attire or clothing of a
33person, in a bag or container carried by the person, or in close
P3    1proximity to, within the immediate reach of, or conveniently
2accessible to, the person.

end insert
begin delete

3(b)

end delete

4begin insert(end insertbegin insertc)end insert A firearm carried openly in a belt holster is not concealed
5within the meaning of this section.

begin delete

6(c)

end delete

7begin insert(end insertbegin insertd)end insert Carrying a concealed firearm in violation of this section is
8punishable as follows:

9(1) If the person previously has been convicted of any felony,
10or of any crime made punishable by a provision listed in Section
1116580, as a felony.

12(2) If the firearm is stolen and the person knew or had reasonable
13cause to believe that it was stolen, as a felony.

14(3) If the person is an active participant in a criminal street gang,
15as defined in subdivision (a) of Section 186.22, under the Street
16Terrorism Enforcement and Prevention Act (Chapter 11
17(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

18(4) If the person is not in lawful possession of the firearm or
19the person is within a class of persons prohibited from possessing
20or acquiring a firearm pursuant to Chapter 2 (commencing with
21Section 29800) or Chapter 3 (commencing with Section 29900)
22of Division 9 of this title, or Section 8100 or 8103 of the Welfare
23and Institutions Code, as a felony.

24(5) If the person has been convicted of a crime against a person
25or property, or of a narcotics or dangerous drug violation, by
26imprisonment pursuant to subdivision (h) of Section 1170, or by
27imprisonment in a county jail not to exceed one year, by a fine not
28to exceed one thousand dollars ($1,000), or by both that
29imprisonment and fine.

30(6) If both of the following conditions are met, by imprisonment
31pursuant to subdivision (h) of Section 1170, or by imprisonment
32in a county jail not to exceed one year, by a fine not to exceed one
33thousand dollars ($1,000), or by both that fine and imprisonment:

34(A) The pistol, revolver, or other firearm capable of being
35concealed upon the person is loaded, or both it and the unexpended
36ammunition capable of being discharged from it are in the
37immediate possession of the person or readily accessible to that
38person.

39(B) The person is not listed with the Department of Justice
40pursuant to Section 11106 as the registered owner of that pistol,
P4    1revolver, or other firearm capable of being concealed upon the
2person.

3(7) In all cases other than those specified in paragraphs (1) to
4(6), inclusive, by imprisonment in a county jail not to exceed one
5year, by a fine not to exceed one thousand dollars ($1,000), or by
6both that imprisonment and fine.

begin delete

7(d)

end delete

8begin insert(end insertbegin inserte)end insert (1) Every person convicted under this section who
9previously has been convicted of a misdemeanor offense
10enumerated in Section 23515 shall be punished by imprisonment
11in a county jail for at least three months and not exceeding six
12months, or, if granted probation, or if the execution or imposition
13of sentence is suspended, it shall be a condition thereof that the
14person be imprisoned in a county jail for at least three months.

15(2) Every person convicted under this section who has
16previously been convicted of any felony, or of any crime made
17punishable by a provision listed in Section 16580, if probation is
18granted, or if the execution or imposition of sentence is suspended,
19it shall be a condition thereof that the person be imprisoned in a
20county jail for not less than three months.

begin delete

21(e)

end delete

22begin insert(end insertbegin insertf)end insert The court shall apply the three-month minimum sentence as
23specified in subdivisionbegin delete (d),end deletebegin insert (e),end insert except in unusual cases where the
24interests of justice would best be served by granting probation or
25suspending the imposition or execution of sentence without the
26minimum imprisonment required in subdivisionbegin delete (d)end deletebegin insert (e)end insert or by
27granting probation or suspending the imposition or execution of
28sentence with conditions other than those set forth in subdivision
29begin delete (d),end deletebegin insert (e),end insert in which case, the court shall specify on the record and
30shall enter on the minutes the circumstances indicating that the
31interests of justice would best be served by that disposition.

begin delete

32(f)

end delete

33begin insert(end insertbegin insertg)end insert A peace officer may arrest a person for a violation of
34paragraph (6) of subdivisionbegin delete (c)end deletebegin insert (d)end insert if the peace officer has probable
35cause to believe that the person is not listed with the Department
36of Justice pursuant to Section 11106 as the registered owner of the
37pistol, revolver, or other firearm capable of being concealed upon
38the person, and one or more of the conditions in subparagraph (A)
39of paragraph (6) of subdivisionbegin delete (c)end deletebegin insert (d)end insert is met.

40

SEC. 3.  

Section 25850 of the Penal Code is amended to read:

P5    1

25850.  

(a) A person is guilty of carrying a loaded firearm
2when the person carries a loaded firearm on or about the person
3or in a vehicle while in any public place or on any public street in
4an incorporated city or in any public place or on any public street
5in a prohibited area of unincorporated territory.

6(b) In order to determine whether or not a firearm is loaded for
7the purpose of enforcing this section, peace officers are authorized
8to examine any firearm carried by anyone on or about the person
9or in a vehicle while in any public place or on any public street in
10an incorporated city or prohibited area of an unincorporated
11territory. Refusal to allow a peace officer to inspect a firearm
12pursuant to this section constitutes probable cause for arrest for
13violation of this section.

begin insert

14(c) For purposes of this section, “on or about the person”
15includes upon the body of a person, in the attire or clothing of a
16person, in a bag or container carried by the person, or in close
17proximity to, within the immediate reach of, or conveniently
18accessible to, the person.

end insert
begin delete

19(c)

end delete

20begin insert(end insertbegin insertd)end insert Carrying a loaded firearm in violation of this section is
21punishable, as follows:

22(1) Where the person previously has been convicted of any
23felony, or of any crime made punishable by a provision listed in
24Section 16580, as a felony.

25(2) Where the firearm is stolen and the person knew or had
26reasonable cause to believe that it was stolen, as a felony.

27(3) Where the person is an active participant in a criminal street
28gang, as defined in subdivision (a) of Section 186.22, under the
29Street Terrorism Enforcement and Prevention Act (Chapter 11
30(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

31(4) Where the person is not in lawful possession of the firearm,
32or is within a class of persons prohibited from possessing or
33acquiring a firearm pursuant to Chapter 2 (commencing with
34Section 29800) or Chapter 3 (commencing with Section 29900)
35of Division 9 of this title, or Section 8100 or 8103 of the Welfare
36and Institutions Code, as a felony.

37(5) Where the person has been convicted of a crime against a
38person or property, or of a narcotics or dangerous drug violation,
39by imprisonment pursuant to subdivision (h) of Section 1170, or
40by imprisonment in a county jail not to exceed one year, by a fine
P6    1not to exceed one thousand dollars ($1,000), or by both that
2imprisonment and fine.

3(6) Where the person is not listed with the Department of Justice
4pursuant to Section 11106 as the registered owner of the handgun,
5by imprisonment pursuant to subdivision (h) of Section 1170, or
6by imprisonment in a county jail not to exceed one year, or by a
7fine not to exceed one thousand dollars ($1,000), or both that fine
8and imprisonment.

9(7) In all cases other than those specified in paragraphs (1) to
10(6), inclusive, as a misdemeanor, punishable by imprisonment in
11a county jail not to exceed one year, by a fine not to exceed one
12thousand dollars ($1,000), or by both that imprisonment and fine.

begin delete

13(d)

end delete

14begin insert(end insertbegin inserte)end insert (1) Every person convicted under this section who has
15previously been convicted of an offense enumerated in Section
1623515, or of any crime made punishable under a provision listed
17in Section 16580, shall serve a term of at least three months in a
18county jail, or, if granted probation or if the execution or imposition
19of sentence is suspended, it shall be a condition thereof that the
20person be imprisoned for a period of at least three months.

21(2) The court shall apply the three-month minimum sentence
22except in unusual cases where the interests of justice would best
23be served by granting probation or suspending the imposition or
24execution of sentence without the minimum imprisonment required
25in this section or by granting probation or suspending the
26imposition or execution of sentence with conditions other than
27those set forth in this section, in which case, the court shall specify
28on the record and shall enter on the minutes the circumstances
29indicating that the interests of justice would best be served by that
30disposition.

begin delete

31(e)

end delete

32begin insert(end insertbegin insertf)end insert A violation of this section that is punished by imprisonment
33in a county jail not exceeding one year shall not constitute a
34conviction of a crime punishable by imprisonment for a term
35exceeding one year for the purposes of determining federal firearms
36eligibility under Section 922(g)(1) of Title 18 of the United States
37Code.

begin delete

38(f)

end delete

39begin insert(end insertbegin insertg)end insert Nothing in this section, or in Article 3 (commencing with
40Section 25900) or Article 4 (commencing with Section 26000),
P7    1shall preclude prosecution under Chapter 2 (commencing with
2Section 29800) or Chapter 3 (commencing with Section 29900)
3of Division 9 of this title, Section 8100 or 8103 of the Welfare and
4Institutions Code, or any other law with a greater penalty than this
5section.

begin delete

6(g)

end delete

7begin insert(end insertbegin inserth)end insert Notwithstanding paragraphs (2) and (3) of subdivision (a)
8of Section 836, a peace officer may make an arrest without a
9warrant:

10(1) When the person arrested has violated this section, although
11not in the officer’s presence.

12(2) Whenever the officer has reasonable cause to believe that
13the person to be arrested has violated this section, whether or not
14this section has, in fact, been violated.

begin delete

15(h)

end delete

16begin insert(end insertbegin inserti)end insert A peace officer may arrest a person for a violation of
17paragraph (6) of subdivisionbegin delete (c),end deletebegin insert (d),end insert if the peace officer has
18probable cause to believe that the person is carrying a handgun in
19violation of this section and that person is not listed with the
20Department of Justice pursuant to Section 11106 as the registered
21owner of that handgun.

22

SEC. 4.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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