BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 869


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          Date of Hearing:  June 14, 2016


          Counsel:               Sandy Uribe








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          869 (Hill) - As Amended May 18, 2016





          SUMMARY:  Requires every person who is leaving a handgun in a  
          vehicle to secure the handgun by locking it either in the trunk  
          or in a locked container which is out of plain view.   
          Specifically, this bill:  



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








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          2)Makes a violation of the vehicle-securement requirement an  
            infraction punishable by a fine not exceeding $1,000.

          3)Defines "vehicle" as "a device by which any person or property  
            may be propelled, moved, or drawn upon a highway, excepting a  
            device moved exclusively by human power or used exclusively  
            upon stationary rails or tracks."

          4)Defines "locked container" as "a secure container that is  
            fully enclosed and locked by a padlock, keylock, combination  
            lock, or similar locking device."  A locked container "does  
            not include the utility or glove compartment of a motor  
            vehicle."

          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 this requirement during  
            circumstances requiring immediate aid or action that are  
            within the course of his or her official duties.

          7)States that the vehicle-securement requirement does not apply  
            to, or affect, the transportation of unloaded firearms by a  
            person operating a licensed common carrier or an unauthorized  
            agent or employee thereof when the firearms are transported in  
            conformance with applicable federal law.



          EXISTING LAW:  



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









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             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,  
               or other firearm capable of being concealed upon the  
               person; and 

             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.   
               (Pen. Code,  25400, subd. (a).)
              
          2)Provides that carrying a concealed firearm 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 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, 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;  
               and









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             f)   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:

               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; and

               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.  (Pen. Code,  25400, subd. (c).)

          3)Exempts the following persons from the prohibition on carrying  
            concealed weapons:

             a)   Any peace officer, as specified, whether active or  
               honorably retired;

             b)   Any other duly appointed peace officer;

             c)   Any honorably retired peace officer, as specified;

             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.  (Pen. Code,  








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                25450.)

          4)States that the prohibition on concealed carry 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; and

             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.  (Pen. Code,  25610.)

          5)States that the prohibition on concealed carry, also 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; (Pen.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;  (Pen. 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  








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               money, treasure, bullion, bonds, or other thing of value  
               within this state; (Pen. 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  
               being concealed upon the person upon the target ranges, or  
               transporting these firearms unloaded when going to and from  
               the ranges;  (Pen. 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;  (Pen.  
               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;  (Pen. 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; and (Pen. Code,  25650.) 

             h)   The carrying of a pistol, revolver, or other firearm  








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               capable of being concealed upon the person by a person who  
               is authorized to carry that weapon in a concealed manner,  
               as specified.  (Pen. Code  25655.)

          6)Requires a firearm to be unloaded and kept in a locked  
            container when it is being transported from one place to  
            another, and contains other conditional exemptions for the  
            transportation of firearms.  (Pen. Code,  25505 et seq.)

          7)Makes it a crime to carry a loaded firearm either upon the  
            person, or in a vehicle while in any public place or on any  
            public street in an incorporated city, or in any public place  
            or on any public street in a prohibited area of unincorporated  
            territory.  (Pen. Code,  25850, subd. (a).)

          8)Exempts peace officers and concealed carry weapon permit  
            holders from the crime of carrying a loaded firearm in public.  
             (Pen. Code,  25900 & 26010.)



          FISCAL EFFECT:  Unknown





          COMMENTS:  



          1)Author's Statement:  According to the author, "To prevent  
            handgun thefts from vehicles, current law requires civilian  
            handgun owners to store the weapon in a locked box or in the  
            trunk when leaving it unattended in the car.  This common  
            sense requirement however, does not apply to law enforcement  
            officers and concealed carry license holders and  
            unfortunately, several handguns have been stolen out of police  
            vehicles and used in deadly crimes.








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          "For example, an unattended handgun stolen out of a law  
            enforcement vehicle was used to kill Kate Steinle on Pier 14  
            in San Francisco in July last year.  Just this February, the  
            California Supreme Court affirmed the death sentence for a man  
            who murdered four people using a handgun stolen out of the  
            vehicle of an off duty deputy sheriff.

          "SB 869 simply extends the existing vehicle handgun storage  
            requirement to anyone who leaves a handgun unattended in their  
            car."

          2)Transporting Firearms:   A U.S. citizen over 18 years of age  
            who is not prohibited from possessing a firearm, and who is a  
            California resident or temporarily in the state, may transport  
            by motor vehicle any handgun provided it is unloaded and  
            locked in the trunk or in a locked container. Furthermore, the  
            handgun must be carried directly to or from any motor vehicle  
            for any lawful purpose and, while being carried must be  
            contained within a locked container.

          The term "locked container" means a secure container that is  
            fully enclosed and locked by a padlock, key lock, combination  
            lock, or similar locking device. This includes the trunk of a  
            motor vehicle, but does not include the utility or glove  
            compartment.  (Pen. Code,   16850.)

          Shotguns and rifles are not generally covered by concealed-carry  
            provisions (because they are considered non-concealable) and  
            therefore are not required to be transported in a locked  
            container. But they must be unloaded while they are being  
            transported.

          Registered assault weapons may be transported only between  
            specified locations and must also be unloaded and stored in a  
            locked container when transported.  (See California Department  
            of Justice Website:  <  https://oag.ca.gov/firearms/travel  >.)

          3)Impetus for this Bill:  According to the background provided  








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            by the author, in recent years there has been an increase in  
            incidents of handguns stolen from cars.  This includes  
            handguns stolen from law enforcement vehicles.  Tragically,  
            many stolen guns end up being used in violent crimes. 

          As the background provided by the author notes, 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.  For example, in July 2015, a gun stolen  
            from the car of a federal Bureau of Land Management ranger was  
            used to kill a 32-year-old woman at San Francisco's Pier 14.   
            (  http://abc7news.com/news/rangers-stolen-gun-used-in-sf-pier-14 
            -shooting/835700/  .)  In September 2015, a gun stolen from the  
            car of a federal Immigration and Customs Enforcement officer  
            was used in the killing of a muralist in Oakland.   
            (  http://www.sfgate.com/crime/article/Gun-used-to-kill-Oakland-m 
            uralist-traced-to-ICE-6657172.php  .)  And a weapon stolen from  
            a civilian's vehicle was used to kill a backpacker in Golden  
            Gate Park and a hiker in Marin County.   
            ( http://www.marinij.com/article/NO/20151008/NEWS/151009812  .) 

          4)Argument in Support:  According to the California Chapters of  
            the Brady Campaign to Prevent Gun Violence, "The proper and  
            secure storage of handguns is a key part of preventing theft.   
            To that end, current California law requires civilians who  
            leave their handguns in their cars to store them securely in a  
            lockbox or in the trunk.  Law enforcement officers, however,  
            are exempt from this requirement.  Throughout 2015, several  
            handguns were stolen from vehicles owned by law enforcement  
            officers.  Some of the guns were used in crimes, including two  
            murders.  Had the handguns been properly stored and out of  
            site (sic), it's likely that they would've never been stolen  
            and used in the commission of a crime.

          "SB 869 is a common sense measure that would require any person,  
            including law enforcement officers - local, state, and federal  
            officers - to take the same precautions that civilians do when  
            firearms are left in vehicles."









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          5)Related Legislation: 

             a)   SB 894 (Jackson) requires a firearm owner to report the  
               theft or loss of a firearm to local law enforcement agency  
               within five days of the time he or she knew, or reasonably  
               should have known, that the firearm had been stolen or  
               lost.  SB 894 will be heard by this committee today.

             b)   AB 1695 (Bonta) makes it a misdemeanor to falsely report  
               to law enforcement that a firearm has been lost or stolen.   
               AB 1695 is pending referral by the Senate Rules Committee.

          6)Prior Legislation:  AB 231 (Ting), Chapter 730, Statutes of  
            2013, created the crime of criminal storage in the third  
            degree, which imposes liability if a person negligently stores  
            or leaves a loaded firearm in a place where he or she knows,  
            or reasonably should know, that a child is likely to access it  
            without the permission of the child's parent or guardian.



          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          American Academy of Pediatrics, California Chapter


          California Association of Highway Patrolmen
          California Chapters of the Brady Campaign to Prevent Gun  
          Violence








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          California Police Chiefs Association
          Law Center to Prevent gun Violence
          San Francisco Bay Area Rapid Transit





          Opposition


          


          None





          Analysis Prepared by:Sandy Uribe / PUB. S. / (916)  
          319-3744