BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                     SB 869


                                                                    Page  1





          SENATE THIRD READING


          SB  
          869 (Hill)


          As Amended  May 18, 2016


          Majority vote


          SENATE VOTE:  25-13


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |13-5 |Gonzalez, Bloom,      |Bigelow, Gallagher, |
          |                |     |Bonta, Calderon,      |Jones, Obernolte,   |
          |                |     |Chang, Daly, Eggman,  |Wagner              |
          |                |     |Roger HernŠndez,      |                    |
          |                |     |Holden, Quirk,        |                    |
          |                |     |Santiago, Weber, Wood |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 










                                                                     SB 869


                                                                    Page  2





          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.


          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.









                                                                     SB 869


                                                                    Page  3






          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:


             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.    



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


             a)   If the person previously has been convicted of any  








                                                                     SB 869


                                                                    Page  4





               felony, or of any crime made punishable by a provision  
               listed in Penal Code 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 Penal Code Section  
               1170(h), or by imprisonment in a county jail not to exceed  
               one year, by a fine not to exceed $1,000, or by both that  
               imprisonment and fine; and


             f)   If both of the following conditions are met, by  
               imprisonment pursuant to Section 1170(h), or by  
               imprisonment in a county jail not to exceed one year, by a  
               fine not to exceed $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









                                                                     SB 869


                                                                    Page  5






               ii)    The person is not listed with the Department of  
                 Justice pursuant to Penal Code Section 11106(c)(1) as the  
                 registered owner of that pistol, revolver, or other  
                 firearm capable of being concealed upon the person.  


          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.  


          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  








                                                                     SB 869


                                                                    Page  6





            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.  


          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; 


             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;  


             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  7





               money, treasure, bullion, bonds, or other thing of value  
               within this state; 


             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;  


             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;  


             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;  


             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 








                                                                     SB 869


                                                                    Page  8







             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,  
               as specified.  


          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.  


          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.  


          8)Exempts peace officers and concealed carry weapon permit  
            holders from the crime of carrying a loaded firearm in public.  
             


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill's fiscal effect is "[u]nknown, probably  
          minor costs to local law enforcement for enforcement, but these  
          costs will be offset to some degree by fines." 


          COMMENTS:  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  9







          "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."




          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0003593