BILL ANALYSIS                                                                                                                                                                                                    






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                                   THIRD READING 


          Bill No:  SB 869
          Author:   Hill (D) 
          Amended:  3/30/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 3/29/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           SUBJECT:   Firearms:  securing handguns in vehicles


          SOURCE:    Author

          DIGEST:  This bill requires 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.
          
          ANALYSIS:  
          
          Existing law:

          1)Provides that a person is guilty of carrying a concealed  
            firearm when the person:

             a)   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.

             b)   Carries concealed upon the person any pistol, revolver,  








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               or other firearm capable of being concealed upon the  
               person.

             c)   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).)

          2)States that a firearm carried openly in a belt holster is not  
            concealed, as specified.  (Penal Code  25400(b).)

          3)Provides that carrying a concealed firearm in is punishable as  
            follows:

             a)   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.

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

             c)   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.

             d)   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.

             e)   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  
               dollars ($1,000), or by both that imprisonment and fine.

             f)   If both of the following conditions are met, by  







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               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:

               i)     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.

               ii)    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).)

          4)Provides that the prohibition on concealed carry as described  
            in section 25400 does not apply to, or affect, any of the  
            following:

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

             b)   Any other duly appointed peace officer;

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

             d)   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;

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

             f)   Any person summoned by any of these officers to assist  
               in making arrests or preserving the peace while the person  
               is actually engaged in assisting that officer.  (Penal Code  
                25450.)

          5)States that the prohibition on concealed carry as described in  







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            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:

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

             b)   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.)

          6)States that the prohibition on concealed carry, as described  
            in section 25400, does not apply to, or affect: 

             a)   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.)

             b)   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.)

             c)   Any guard or messenger of any common carrier, bank, or  
               other financial institution, while actually employed in and  
               about the shipment, transportation, or delivery of any  
               money, treasure, bullion, bonds, or other thing of value  
               within this state. (Penal Code  25630.)

             d)   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  







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

             e)   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.)

             f)   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.)

             g)   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.) 

             h)   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).   
               (Penal Code  25655.)

          This bill: 

          1)Requires a person, when leaving a handgun in an unattended  
            vehicle, lock the handgun in the vehicle's trunk or lock the  
            handgun in a locked container and place the container out of  
            plain view.








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          2)Makes a violation of its provisions an infraction punishable  
            by a fine not exceeding one thousand dollars ($1,000).

          3)Provides "vehicle" has the same meaning as specified in  
            Section 670 of the Vehicle Code.

          4)Provides "locked container" has the same meaning as specified  
            in Section 16850.

          5)Provides that a vehicle is unattended when a person who is  
            lawfully carrying or transporting a handgun in a vehicle is  
            not within close enough proximity to the vehicle to reasonably  
            prevent unauthorized access to the vehicle or its contents.

          6)Exempts a peace officer from its provisions during  
            circumstances requiring immediate aid or action that are  
            within the course of his or her official duties.

          
          Background
          
          The author states: "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 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 the 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  







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               violent crimes."

          Comments
          
          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 direction.  
            (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.   


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes









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          SUPPORT:   (Verified4/10/16)


          American Academy of Pediatrics
          California Association of Highway Patrolmen
          California Chapters of the Brady Campaign to Prevent Gun  
                    Violence 
          Law Center to Prevent Gun Violence


          OPPOSITION:   (Verified4/10/16)


          National Shooting Sports Foundation


          ARGUMENTS IN SUPPORT:     


          The California Association of Highway Patrolmen states, 


               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 placing it in a locked container out of  
               sight.  The bill would make a violation of these provisions  
               an infraction punishable by a fine of up to $1,000.


               Stolen firearms are used for serious crimes, such as armed  
               robbery and murder.  As an added means of prevention,  
               handgun owners should be responsible for protecting their  
               firearm and should be held accountable when in violation. 


               This bill is a matter of public safety and common sense. 


          ARGUMENTS IN OPPOSITION:     


          The National Shooting Sports Foundation, Inc. states, 

               The language included in SB 869 would severely impact the  







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               firearms industry in California in a negative manner.  
               Because there are no exemptions for the shipment or  
               transport of firearms by a delivery service such as FedEx  
               or UPS, unsuspecting delivery drivers could inadvertently  
               become criminals by carrying on in their daily duties of  
               delivering goods to customers - some of those customers  
               being lawful firearms retail businesses. Should there be no  
               exceptions made to  for delivery and freight services, such  
               delivery services may forego the shipment and  
               transportation of  handguns, causing many small businesses  
               to go out of business because they are unable to obtain the  
               products they sell. 

               The language currently included in SB 869 is extremely  
               vague and we would respectfully request that you consider  
               many of the unintended consequences this bill could pose on  
               law-abiding California.  Additionally, we ask that you  
               consider amending the language to take into account the  
               commercial delivery services that transport handguns on a  
               daily basis to businesses within the state.

          For the above reasons listed above, the National Shooting Sports  
          Foundation is opposed to the enactment of SB 869. 


          Prepared by:Jessica Devencenzi / PUB. S. /
          4/13/16 16:06:14


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