BILL ANALYSIS Ó AB 2305 Page 1 Date of Hearing: April 30, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 2305 (Ridley-Thomas) - As Amended: April 10, 2014 Policy Committee: Public SafetyVote: 5-2 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill modifies the elements of several weapons-possession statutes to prohibit carrying the specified weapons - switchblades and concealed guns - "on or about the person," rather than simply on the person, and defines on or about the person to mean "upon the body of the person, in the attire or clothing of a person, in a bag or container carried by the person, or in close proximity to, within the immediate reach of, or conveniently accessible to, the person." FISCAL EFFECT Unknown, potentially moderate state and local costs to the extent this clarification results in additional state or local incarceration, offset to an unknown degree by fine revenue. As the amended statutes include several circumstances in which carrying a concealed or loaded weapon are punishable by state prison, it is reasonable to assume additional offenders will be committed to state prison, where per capita costs exceed $62,000. COMMENTS 1)Rationale . In People v. Pellecer, 2013, 215 Cal.App.4th 508, the defendant appealed a conviction for carrying a dirk or dagger because the knives he possessed were in a backpack and not "on his person" as required under the language of the statute. The court agreed that carrying a dirk or dagger in a backpack does not result in a violation of the statute, because the statute requires that the item be concealed "upon his or her person." The court concluded the ordinary meaning AB 2305 Page 2 of "upon his or her person" means on the body or in the clothing worn on the body. The court also discussed the conflicting decision of People v. Dunn (1976) 61 Cal.App.3rd Supp. 12, which reached a contrary conclusion in interpreting former Penal Code section 12025 (possession of a concealable firearm). In that case, the appellate department of the superior court held that a concealable pistol found in a briefcase carried by the defendant was "sufficiently on the person" to be a violation of the statute. In Pellecer, the appellate court ruled that the Dunn Court was wrong. According to Pellecer, had the Legislature wanted to criminalize possession of a dirk or dagger in a carried container, it would have used the phrase "on or about his or her person" rather than "upon his or her person." "That the Legislature did not outlaw carrying a dirk or dagger in a backpack is understandable, given the utility of a knife in such lawful pursuits as fishing, hunting, camping, picnicking and the like." According to the author, "This measure makes clear the legislature's intent regarding prohibitions on the unlawful carrying of concealed firearms and switchblade knives in purses, backpacks, fanny packs, brief cases, suitcases, or any other container by conforming statute to the recent Court of Appeal ruling." 2)Current law a) Makes it a misdemeanor to carry a switchblade having a blade two or more inches in length upon the person, or to possess the knife in the passenger's or driver's area of any vehicle in any public place or place open to the public. b) Makes it a misdemeanor or a felony, depending on circumstances, to carry a concealed gun in a vehicle under the person's control or in which the person is an occupant, and also prohibits carry it upon the person. Exempts from prosecution for carrying a concealed gun any person licensed to carry that weapon in a concealed manner. c) Makes it a misdemeanor or a felony, depending on AB 2305 Page 3 circumstances, to carry a loaded gun either upon the person, or in a vehicle while in a public place or on a public street in an incorporated city, or in a public place or on a public street in a prohibited area of unincorporated territory. 3)Support . The L.A. District Attorney's Office, a sponsor of this bill, states "AB 2305 would amend California law as suggested by the Court of Appeal in the Pellecer decision to replace the language in existing law that prohibits the carrying of a firearm or switchblade 'on the person' with 'on or about the person.'" Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081