BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 869|
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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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