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