BILL NUMBER: AB 92	CHAPTERED
	BILL TEXT

	CHAPTER   322
	FILED WITH SECRETARY OF STATE   AUGUST 3, 1995
	APPROVED BY GOVERNOR   AUGUST 3, 1995
	PASSED THE ASSEMBLY   JULY 24, 1995
	PASSED THE SENATE   JULY 20, 1995
	AMENDED IN SENATE   JULY 3, 1995
	AMENDED IN ASSEMBLY   MAY 31, 1995
	AMENDED IN ASSEMBLY   APRIL 17, 1995
	AMENDED IN ASSEMBLY   MARCH 10, 1995

INTRODUCED BY  Assembly Member Hauser

                        JANUARY 4, 1995

   An act to amend Sections 12026, 12026.1, and 12026.2 of the Penal
Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 92, Hauser.  Firearms.
   (1) Existing law makes it a misdemeanor, with limited exceptions,
for any person to carry a concealable weapon concealed within any
vehicle or concealed upon the person without having a license.
Existing law provides that notwithstanding this prohibition, any
citizen of the United States or legal resident over the age of 18
years who resides or is temporarily within this state and who is not
within certain excepted classes shall not be prohibited from owning,
possessing, keeping, or carrying, either openly or concealed,
anywhere within his or her place of residence, place of business, or
on private property a concealable weapon.
   This bill would provide, instead, that the above prohibition shall
not apply to or affect any citizen of the United States or legal
resident as specified above who carries a concealable weapon within
or on the described places or property.  The bill would additionally
make the above prohibition inapplicable to the transportation of a
firearm to an authorized government representative who is acquiring
the weapon as a part of an authorized voluntary program to buy or
receive weapons from private individuals.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12026 of the Penal Code is amended to read:
   12026.  (a) Section 12025 shall not apply to or affect any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code,
who carries, either openly or concealed, anywhere within the citizen'
s or legal resident's place of residence, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident any pistol, revolver, or other firearm capable of being
concealed upon the person.
   (b) No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code, to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person within the citizen's or legal resident's place of
residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident.
   (c) Nothing in this section shall be construed as affecting the
application of Section 12031.
  SEC. 2.  Section 12026.1 of the Penal Code is amended to read:
   12026.1.  (a) Section 12025 shall not be 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 within the excepted
classes prescribed by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, 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:
   (1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
   (2) 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.
   (b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
   (c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.
  SEC. 3.  Section 12026.2 of the Penal Code is amended to read:
   12026.2.  (a) Section 12025 does not apply to, or affect, any of
the following:
   (1) The possession of a firearm by an authorized participant in a
motion picture, television, or video production or entertainment
event when the participant lawfully uses the firearm as part of that
production or event or while going directly to, or coming directly
from, that production or event.
   (2) The possession of a firearm in a locked container by a member
of any club or organization, organized for the purpose of lawfully
collecting and lawfully displaying pistols, revolvers, or other
firearms, while the member is at meetings of the clubs or
organizations or while going directly to, and coming directly from,
those meetings.
   (3) The transportation of a firearm by a participant when going
directly to, or coming directly from, a recognized safety or hunter
safety class, or a recognized sporting event involving that firearm.

   (4) The transportation of a firearm by a person listed in Section
12026 directly between any of the places mentioned in Section 12026.

   (5) The transportation of a firearm by a person when going
directly to, or coming directly from, a fixed place of business or
private residential property for the purpose of the lawful repair or
the lawful transfer, sale, or loan of that firearm.
   (6) The transportation of a firearm by a person listed in Section
12026 when going directly from the place where that person lawfully
received that firearm to that person's place of residence or place of
business or to private property owned or lawfully possessed by that
person.
   (7) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show, swap meet, or
similar event to which the public is invited, for the purpose of
displaying that firearm in a lawful manner.
   (8) The transportation of a firearm by an authorized employee or
agent of a supplier of firearms when going directly to, or coming
directly from, a motion picture, television, or video production or
entertainment event for the purpose of providing that firearm to an
authorized participant to lawfully use as a part of that production
or event.
   (9) The transportation of a firearm by a person when going
directly to, or coming directly from, a target range, which holds a
regulatory or business license, for the purposes of practicing
shooting at targets with that firearm at that target range.
   (10) The transportation of a firearm by a person when going
directly to, or coming directly from, a place designated by a person
authorized to issue licenses pursuant to Section 12050 when done at
the request of the issuing agency so that the issuing agency can
determine whether or not a license should be issued to that person to
carry that firearm.
   (11) The transportation of a firearm by a person when going
directly to, or coming directly from, a law enforcement agency for
the purpose of a lawful transfer, sale, or loan of that firearm
pursuant to Section 12084.
   (12) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite.  This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.
   (13) The transportation of a firearm by a person in order to
comply with subdivision (c) or (i) of Section 12078 as it pertains to
that firearm.
   (14) The transportation of a firearm by a person in order to
utilize subdivision (l) of Section 12078 as it pertains to that
firearm.
   (15) The transportation of a firearm by a person when going
directly to, or coming directly from, a gun show or event, as defined
in Section 178.100 of Title 27 of the Code of Federal Regulations,
for the purpose of lawfully transferring, selling, or loaning that
firearm in accordance with subdivision (d) of Section 12072.
   (16) The transportation of a firearm by a person in order to
utilize paragraph (3) of subdivision (a) of Section 12078 as it
pertains to that firearm.
   (b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.
   (c) This section does not prohibit or limit the otherwise lawful
carrying or transportation of any pistol, revolver, or other firearm
capable of being concealed upon the person in accordance with this
chapter.
   (d) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.  The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.