BILL NUMBER: AB 491	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Scott
   (Coauthors:  Assembly Members Aroner, Corbett, Cunneen, Dutra,
Jackson, Keeley, Knox, Kuehl, Lempert, Longville, Reyes, Steinberg,
and Wildman)
   (Coauthors:  Senators Bowen, Chesbro, Ortiz, Schiff, and Speier)

                        FEBRUARY 18, 1999

   An act to amend Section 12025 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 491, as introduced, Scott.  Firearms.
   Existing law generally provides that it is a misdemeanor for any
person to carry a concealed firearm.  Under specified circumstances,
carrying a concealed firearm is punishable as a felony.
   This bill would generally provide that it is a misdemeanor or a
felony, except under the above specified circumstances when carrying
a concealed firearm is punishable only as a felony.  By increasing
local prosecution costs, this bill would impose a state-mandated
local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 12025 of the Penal Code is amended to read:
   12025.  (a) A person is guilty of carrying a concealed firearm
when he or she does any of the following:
   (1) Carries concealed within any vehicle which is under his or her
control or direction any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (2) Carries concealed upon his or her person any pistol, revolver,
or other firearm capable of being concealed upon the person.
   (3) Causes to be carried concealed within any vehicle in which he
or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
   (b) Carrying a concealed firearm in violation of this section is
punishable, as follows:
   (1) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
   (2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
   (3) Where 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.

   (4) Where the person is not in lawful possession of the firearm,
as defined in this section, or the person is within a class of
persons prohibited from possessing or acquiring a firearm pursuant to
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony.
   (5)  Where the person has been convicted of a crime
against a person or property, or of a narcotics or dangerous drug
violation, by imprisonment in the state prison, 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.
   (6)  In all cases other than those specified in
paragraphs (1) to  (5)   (4)  , inclusive,
 as a misdemeanor, punishable   by imprisonment
in the state prison, 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.
   (c) (1) Every person convicted under this section who previously
has been convicted of a misdemeanor offense enumerated in Section
12001.6 shall be punished by imprisonment in a county jail for at
least three months and not exceeding six months, or, if granted
probation, or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned in a county jail for at least three months.
   (2) Every person convicted under this section who has previously
been convicted of any felony, or of any crime made punishable by this
chapter, if probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
   (d) The court shall apply the three-month minimum sentence as
specified in subdivision (c), except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the imposition or execution of sentence without the
minimum imprisonment required in subdivision (c) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (c), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by such a disposition.
   (e) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
   (f) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either owns the firearm or has the permission of the owner or
a person who otherwise has apparent authority to possess or have
custody of the firearm.  A person who takes a firearm without the
permission of the owner or without the permission of a person who has
custody of the firearm does not have lawful possession of the
firearm.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.