BILL ANALYSIS Ó SB 869 Page 1 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. SB 869 Page 2 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: SB 869 Page 3 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 SB 869 Page 4 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, SB 869 Page 5 § 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 SB 869 Page 6 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 SB 869 Page 7 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. SB 869 Page 8 "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 SB 869 Page 9 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." SB 869 Page 10 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 SB 869 Page 11 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