BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 869        Hearing Date:    March 29, 2016    
          
           ----------------------------------------------------------------- 
          |Author:    |Hill                                                 |
          |-----------+-----------------------------------------------------|
          |Version:   |January 12, 2016                                     |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |Yes              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|JRD                                                  |
          |           |                                                     |
           ----------------------------------------------------------------- 


                 Subject:  Firearms:  Securing Handguns in Vehicles



          HISTORY

          Source:   Author

          Prior Legislation:None known

          Support:  Law Center to Prevent Gun Violence; California  
                    Chapters of the Brady Campaign to Prevent Gun Violence

          Opposition:None known

           
          PURPOSE

          The purpose of this bill is to require a person, when leaving a  
          handgun in a vehicle, to secure the handgun by locking it in the  
          trunk of the vehicle or locking it in a locked container and  
          placing the container out of plain view, as specified.
          
          Under existing law a person is guilty of carrying a concealed  
          firearm when the person:

               Carries concealed within any vehicle that is under the  
              person's control or direction any pistol, revolver, or other  
              firearm capable of being concealed upon the person.








          SB 869  (Hill )                                           PageB  
          of?
          

               Carries concealed upon the person any pistol, revolver, or  
              other firearm capable of being concealed upon the person.

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

          (Penal Code  25400(a).)

          Under existing law a firearm carried openly in a belt holster is  
          not concealed, as specified.  
          (Penal Code  25400(b).)

          Under existing law carrying a concealed firearm in is punishable  
          as follows:

                 If the person previously has been convicted of any  
               felony, or of any crime made punishable by a provision  
               listed in Section 16580, as a felony.

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

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

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

                 If the person has been convicted of a crime against a  
               person or property, or of a narcotics or dangerous drug  
               violation, by imprisonment pursuant to subdivision (h) of  
               Section 1170, or by imprisonment in a county jail not to  
               exceed one year, by a fine not to exceed one thousand  









          SB 869  (Hill )                                           PageC  
          of?
          
               dollars ($1,000), or by both that imprisonment and fine.

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

                  o         The pistol, revolver, or other firearm capable  
                    of being concealed upon the person is loaded, or both  
                    it and the unexpended ammunition capable of being  
                    discharged from it are in the immediate possession of  
                    the person or readily accessible to that person.

                  o         The person is not listed with the Department  
                    of Justice pursuant to paragraph (1) of subdivision  
                    (c) of Section 11106 as the registered owner of that  
                    pistol, revolver, or other firearm capable of being  
                    concealed upon the person.

           (Penal Code 25400(c).)

          Under existing law the prohibition on concealed carry as  
          described in section 25400 does not apply to, or affect, any of  
          the following:

                 Any peace officer, listed in Section 830.1 or 830.2, or  
               subdivision (a) of Section 830.33, whether active or  
               honorably retired;

                 Any other duly appointed peace officer;

                 Any honorably retired peace officer listed in  
               subdivision (c) of Section 830.5;

                  Any other honorably retired peace officer who during  
               the course and scope of his or her appointment as a peace  
               officer was authorized to, and did, carry a firearm;

                 Any full-time paid peace officer of another state or the  
               federal government who is carrying out official duties  
               while in California; or

                 Any person summoned by any of these officers to assist  









          SB 869  (Hill )                                           PageD  
          of?
          
               in making arrests or preserving the peace while the person  
               is actually engaged in assisting that officer.

          (Penal Code  25450.)

          Under existing law the prohibition on concealed carry as  
          described in section 25400 is not construed to prohibit any  
          citizen of the United States over the age of 18 years who  
          resides or is temporarily within this state, and who is not  
          prohibited by state or federal law from possessing, receiving,  
          owning, or purchasing a firearm, from transporting or carrying  
          any pistol, revolver, or other firearm capable of being  
          concealed upon the person, provided that the following applies  
          to the firearm:

                 The firearm is within a motor vehicle and it is locked  
               in the vehicle's trunk or in a locked container in the  
               vehicle.

                 The firearm is carried by the person directly to or from  
               any motor vehicle for any lawful purpose and, while  
               carrying the firearm, the firearm is contained within a  
               locked container.

          (Penal Code  25610.)

          Under existing law the prohibition on concealed carry, as  
          described in section 25400, does not apply to, or affect: 

                 Any member of the Army, Navy, Air Force, Coast Guard, or  
               Marine Corps of the United States, or the National Guard,  
               when on duty, or any organization that is by law authorized  
               to purchase or receive those weapons from the United States  
               or this state. (Penal Code 25620.)

                 The carrying of unloaded pistols, revolvers, or other  
               firearms capable of being concealed upon the person by duly  
               authorized military or civil organizations while parading,  
               or the members thereof when going to and from the places of  
               meeting of their respective organizations.  (Penal Code   
               25625.)

                 Any guard or messenger of any common carrier, bank, or  
               other financial institution, while actually employed in and  









          SB 869  (Hill )                                           PageE  
          of?
          
               about the shipment, transportation, or delivery of any  
               money, treasure, bullion, bonds, or other thing of value  
               within this state. (Penal Code  25630.)

                 Members 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 pistols, revolvers, or other firearms capable of  
               being concealed upon the person upon the target ranges, or  
               transporting these firearms unloaded when going to and from  
               the ranges.  (Penal Code  25635.)

                 Licensed hunters or fishermen carrying pistols,  
               revolvers, or other firearms capable of being concealed  
               upon the person while engaged in hunting or fishing, or  
               transporting those firearms unloaded when going to or  
               returning from the hunting or fishing expedition.  (Penal  
               Code  25640.)


                 The transportation of unloaded firearms by a person  
               operating a licensed common carrier or an authorized agent  
               or employee thereof when the firearms are transported in  
               conformance with applicable federal law.  (Penal Code   
               25645.)

                 Upon approval of the sheriff of the county in which the  
               retiree resides, any honorably retired federal officer or  
               agent of any federal law enforcement agency, including, but  
               not limited to, the Federal Bureau of Investigation, the  
               United States Secret Service, the United States Customs  
               Service, the federal Bureau of Alcohol, Tobacco, Firearms  
               and Explosives, the Federal Bureau of Narcotics, the United  
               States Drug Enforcement Administration, the United States  
               Border Patrol, and any officer or agent of the Internal  
               Revenue Service who was authorized to carry weapons while  
               on duty, who was assigned to duty within the state for a  
               period of not less than one year, or who retired from  
               active service in the state.  (Penal Code  25650.) 

                 The carrying of a pistol, revolver, or other firearm  
               capable of being concealed upon the person by a person who  
               is authorized to carry that weapon in a concealed manner  
               pursuant to Chapter 4 (commencing with Section 26150).   









          SB 869  (Hill )                                           PageF  
          of?
          
               (Penal Code  25655.)

          This bill would require a person, when leaving a handgun in a  
          vehicle, to secure the handgun by locking it in the trunk of the  
          vehicle or locking it in a locked container and placing the  
          container out of plain view. 

          This bill would make a violation of its requirements an  
          infraction punishable by a fine not exceeding $1,000.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                          
          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   









          SB 869  (Hill )                                           PageG  
          of?
          
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison  population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
        Whether a proposal corrects a constitutional problem or  
            legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.

          COMMENTS
          
          1.Need for This Bill 
          
          According to the author: 

               Stolen guns are a major problem in California. According to  
               the federal Bureau of Alcohol, Tobacco, Firearms and  
               Explosives (ATF), in 2012 at least 10,639 guns in  
               California were reported as lost or stolen. 

               In the past few years, according to a report published in  
               the San Francisco Chronicle, gun thefts from cars have  
               steadily increased in the city. For example, in San  
               Francisco, 31 guns were stolen from cars in 2012, 48 in  









          SB 869  (Hill )                                           PageH  
          of?
          
               2014, and through November 20, 2015, there were 57 guns  
               stolen from cars. The rise in gun thefts from cars  
               corresponds with a rise in car burglaries overall. 

               Firearms belonging to law enforcement officers also have  
               been stolen from cars throughout the Bay Area. Just last  
               year:

                           In August 2015, a handgun belonging to a  
                    Hayward police officer was stolen from a car in  
                    Oakland.

                           Also in August, a handgun belonging to  t  he  
                    chief of UC Berkeley Police was stolen from her car  
                    while she was jogging. 

                           In October 2015, the handgun of an off-duty  
                    CHP officer was stolen from his car while in San  
                    Francisco.

                           In January 2016, 3 handguns were stolen out of  
                    an FBI vehicle parked in a Benicia neighborhood. 

               Tragically, many stolen guns end up being used in violent  
               crimes. In the latter half of 2015, four people were killed  
               with guns stolen from cars; two of the weapons were taken  
               from law enforcement officers' vehicles:

                           A gun stolen from the car of a federal Bureau  
                    of Land Management ranger was used to kill a  
                    32-year-old woman who was strolling with her father on  
                    San Francisco's Pier 14 on a July 2015 afternoon.

                           A gun stolen from the car of a federal  
                    Immigration and Customs Enforcement officer was used  
                    in the slaying of a muralist as worked in Oakland in  
                    September 2015.

                           A weapon stolen from a civilian's vehicle was  
                    used to gun down a backpacker in Golden Gate Park and  
                    a hiker in Marin County.

               While researching the bill, our office came upon a  
               particularly striking story that highlights the problem.   









          SB 869  (Hill )                                           PageI  
          of?
          
               On August 4, 2000, Louis Peoples was sentenced to death for  
               murdering 4 people. The gun he used in the murders was a  
               .40 caliber fully loaded Glock stolen out of the vehicle of  
               an off duty Alameda county deputy sheriff who was in  
               Stockton to attend his son's baseball game.  The deputy  
               left his handgun in a fanny pack in the car. Louis Peoples  
               also used the gun to rob a bank, rob a liquor store, and  
               hold up a market, all in Stockton.

          1.Effect of This Bill 
            
          Section 25400 provides that a person is guilty of carrying a  
          concealed firearm when the person: (1) carries concealed within  
          any vehicle that is under the person's control or direction any  
          pistol, revolver, or other firearm capable of being concealed  
          upon the person; (2) carries concealed upon the person any  
          pistol, revolver, or other firearm capable of being concealed  
          upon the person; or, (3) causes to be carried concealed within  
          any vehicle in which the person is an occupant any pistol,  
          revolver, or other firearm capable of being concealed upon the  
          person.

          A defendant is guilty of a violation of 25400 if:

             1.   The defendant carried within a vehicle a firearm capable  
               of being concealed on the person;

             2.   The defendant knew the firearm was in the vehicle;

             3.   The firearm was substantially concealed within the  
               vehicle; and

             4.   The vehicle was under the defendant's control or  




















          SB 869  (Hill )                                           PageJ  
          of?
          
               direction.<1>

          (2-2500 CALCRIM 2521)


          Concealed carry is, however, acceptable if the person has a  
          concealed carry license or is a member of particular group, like  
          law enforcement officers.  Given that these groups are allowed  
          to concealed carry, it is arguable that they are, additionally,  
          immune from criminal liability for leaving a handgun unlocked in  
          their vehicle.  This legislation makes it clear that all  
          individuals, including those that are exempt from the concealed  
          carry laws, are required to lock their handguns in the vehicle's  
          trunk or in a locked container when a handgun is left unattended  
          in a vehicle.   


          1.Proposed Amendments


          The bill will be amended to: (1) strike "Notwithstanding Section  
          25450" in subdivision (a); (2) add a cross-reference to the  
          definition of "vehicle" in vehicle code section 670; (3) add a  
          cross-reference to the definition of "locked container" in penal  
          code section 16850; (4) clarify that the legislation applies to  
          handguns left "unattended" in vehicles; (5) add a definition of  
          "unattended"; and, (6) add an exception for on-duty peace  
          officers actively engaged in a crime or crime scene.



                                       - END -


                             ---------------------------

          <1> A weapon is carried in a vehicle in violation of this  
          statute, regardless of whether the vehicle is or has been in  
          motion, where it is found concealed in a parked and locked  
          automobile in such manner that it would be carried within the  
          vehicle when in motion.  People v. Smith (1946, Cal App Dep't  
          Super Ct) 72 Cal App 2d Supp 875, 164 P2d 857, 1946 Cal App  
          LEXIS 1114.










          SB 869  (Hill )                                           PageK  
          of?