BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 869 Hearing Date: March 29, 2016
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|Author: |Hill |
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|Version: |January 12, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|JRD |
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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.
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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
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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
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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
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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).
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(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.
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(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
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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.
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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
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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.
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<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.
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