BILL NUMBER: AB 491 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 1999
AMENDED IN SENATE AUGUST 25, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN SENATE JULY 12, 1999
AMENDED IN SENATE JULY 6, 1999
AMENDED IN SENATE JUNE 24, 1999
AMENDED IN SENATE JUNE 15, 1999
AMENDED IN ASSEMBLY APRIL 6, 1999
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 Sections 11106, 12025, and 12031 of the Penal
Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 491, as amended, Scott. Firearms.
(1) Existing law requires the Attorney General to maintain a
registry of specified information concerning pistols, revolvers, and
other firearms capable of being concealed on the person and to
include in the registry specified data provided to the Department of
Justice on the Dealers' Record of Sale.
This bill would require the Attorney General, at the written
request of any person listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, to store and
keep that record electronically and to provide the person written
notice of its compliance with the request.
This bill would also incorporate additional changes in Section
11106 of the Penal Code proposed by SB 29, to be operative only if
that bill and this bill are enacted and become effective on or before
January 1, 2000, and this bill is enacted last.
(2) 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. One of these circumstances includes a person who is not in
lawful possession of the firearm. "Lawful possession" is defined to
mean a person who owns the firearm or has permission of the owner or
a person with apparent authority.
This bill would punish as a misdemeanor or a felony, carrying a
concealed firearm if both the pistol, revolver, or other firearm
capable of being concealed upon the person and the unexpended
ammunition capable of being discharged from that firearm are in the
immediate possession of the person or are readily accessible, or the
firearm is loaded, as defined by law, where the person in possession
is not the registered owner of the firearm, as specified. This bill
would allow a peace officer to arrest a person for violating this
provision if the officer had probable cause to believe the person was
not the registered owner of the firearms and the other elements of
this offense exist. The bill would also redefine the term "lawful
possession" to mean one who lawfully owns or has permission of the
lawful owner. In addition, the bill would require the district
attorney of each county to submit an annual report to the Attorney
General consisting of profiles of persons charged with felonies or
misdemeanors under this concealable firearm provision. Under the
bill, the Attorney General would be required to submit an annual
report to the Legislature compiling all of the reports submitted by
the district attorneys. By increasing the punishment for a crime and
increasing the duties of local officials, this bill would impose a
state-mandated local program.
(3) Existing law provides that every person who carries a loaded
firearm on his or her person or in a vehicle while in any public
place or on any public street, as specified, is guilty of a
misdemeanor except in specified circumstances where this offense is
punishable as a felony.
This bill would punish as a misdemeanor or a felony, possession of
a loaded pistol, revolver, or other firearm capable of being
concealed upon the person where the person in possession is not the
registered owner of the firearm, as specified. The bill would allow
a peace officer to arrest a person for violating this provision if
the officer had probable cause to believe the person was not the
registered owner of the firearms and the other elements of this
offense exist. The bill would also incorporate in this provision the
changes described in (2) above regarding the definition of "lawful
possession" and the requirement imposed upon the district attorney.
(4) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 11106 of the Penal Code is amended to read:
11106. (a) In order to assist in the investigation of crime, the
arrest and prosecution of criminals, and the recovery of lost,
stolen, or found property, the Attorney General shall keep and
properly file a complete record of all copies of fingerprints, copies
of applications for licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, reports provided pursuant to Section 12071
that are not dealers' records of sales of firearms, and reports of
stolen, lost, found, pledged, or pawned property in any city or
county of this state, and shall, upon proper application therefor,
furnish to the officers mentioned in Section 11105, hard copy
printouts of those records as photographic, photostatic, and
nonerasable optically stored reproductions.
(b) (1) Notwithstanding subdivision (a), the Attorney General
shall not retain or compile any information from reports filed
pursuant to subdivision (a) of Section 12078 for firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person, from forms submitted pursuant to Section 12084 for
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person, or from dealers' records of sales
for firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person. All copies of the forms
submitted, or any information received in electronic form, pursuant
to Section 12084 for firearms that are not pistols, revolvers, or
other firearms capable of being concealed upon the person, or of the
dealers' records of sales for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person shall be destroyed within five days of the clearance by the
Attorney General, unless the purchaser or transferor is ineligible to
take possession of the firearm. All copies of the reports filed, or
any information received in electronic form, pursuant to subdivision
(a) of Section 12078 for firearms that are not pistols, revolvers,
or other firearms capable of being concealed upon the person shall be
destroyed within five days of the receipt by the Attorney General,
unless retention is necessary for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person unless retention or compilation is necessary for use in a
criminal prosecution or in a proceeding to revoke a license issued
pursuant to Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or
any other law, as to pistols, revolvers, or other firearms capable
of being concealed upon the person and maintain a registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular pistol, revolver, or other firearm
capable of being concealed upon the person as listed on the
information provided to the department on the Dealers' Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in
Section 12084, or reports made to the department pursuant to Section
12078 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular pistol, revolver,
or other firearm capable of being concealed upon the person and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular pistol, revolver, or other firearm capable of being
concealed upon the person acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm; model name
or number if stamped on the firearm; and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105 or to the person listed in the registry
as the owner or person who is listed as being loaned the particular
pistol, revolver, or other firearm capable of being concealed upon
the person in the form of hard copy printouts of that information as
photographic, photostatic, and nonerasable optically stored
reproductions.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
SEC. 1.5. Section 11106 of the Penal Code is amended to read:
11106. (a) In order to assist in the investigation of crime, the
arrest and prosecution of criminals, and the recovery of lost,
stolen, or found property, the Attorney General shall keep and
properly file a complete record of all copies of fingerprints, copies
of applications for licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, reports provided pursuant to Section 12071
that are not dealers' records of sales of firearms, and reports of
stolen, lost, found, pledged, or pawned property in any city or
county of this state, and shall, upon proper application therefor,
furnish to the officers mentioned in Section 11105, hard copy
printouts of those records as photographic, photostatic, and
nonerasable optically stored reproductions.
(b) (1) Notwithstanding subdivision (a), the Attorney General
shall not retain or compile any information from reports filed
pursuant to subdivision (a) of Section 12078 for firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person, from forms submitted pursuant to Section 12084 for
firearms that are not pistols, revolvers, or other firearms capable
of being concealed upon the person, or from dealers' records of sales
for firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person. All copies of the forms
submitted, or any information received in electronic form, pursuant
to Section 12084 for firearms that are not pistols, revolvers, or
other firearms capable of being concealed upon the person, or of the
dealers' records of sales for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person shall be destroyed within five days of the clearance by the
Attorney General, unless the purchaser or transferor is ineligible to
take possession of the firearm. All copies of the reports filed, or
any information received in electronic form, pursuant to subdivision
(a) of Section 12078 for firearms that are not pistols, revolvers,
or other firearms capable of being concealed upon the person shall be
destroyed within five days of the receipt by the Attorney General,
unless retention is necessary for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon the
person unless retention or compilation is necessary for use in a
criminal prosecution or in a proceeding to revoke a license issued
pursuant to Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or
any other law, as to pistols, revolvers, or other firearms capable
of being concealed upon the person and maintain a registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular pistol, revolver, or other firearm
capable of being concealed upon the person as listed on the
information provided to the department on the Dealers' Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in
Section 12084, or reports made to the department pursuant to Section
12078 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular pistol, revolver,
or other firearm capable of being concealed upon the person and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular pistol, revolver, or other firearm capable of being
concealed upon the person acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm; model name
or number if stamped on the firearm; and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
(E)Information provided pursuant to paragraphs (19 and (20) of
subdivision (b) of Section 12071.
(F) Information provided pursuant to paragraph (8) of subdivision
(d) of Section 12084.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105 or to the person listed in the registry
as the owner or person who is listed as being loaned the particular
pistol, revolver, or other firearm capable of being concealed upon
the person in the form of hard copy printouts of that information as
photographic, photostatic, and nonerasable optically stored
reproductions.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
SEC. 2. 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) 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 fine and imprisonment if
both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being
concealed upon the person and the unexpended ammunition capable of
being discharged from that firearm are either in the immediate
possession of the person or readily accessible to that person, or the
pistol, revolver, or other firearm capable of being concealed upon
the person is loaded as defined in subdivision (g) of Section 12031.
(B) 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.
(7) In all cases other than those specified in paragraphs (1) to
(6), inclusive, 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) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable
cause to believe that 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 the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(b) is met.
(d) (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.
(e) The court shall apply the three-month minimum sentence as
specified in subdivision (c) (d) ,
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) (d) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (c)
(d) , 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 that
disposition.
(f) Firearms carried openly in belt holsters are not concealed
within the meaning of this section.
(g) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful 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 lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
(h) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1, 2005,
and as of that date shall be repealed.
SEC. 3. Section 12031 of the Penal Code is amended to read:
12031. (a) (1) A person is guilty of carrying a loaded firearm
when he or she carries a loaded firearm on his or her 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.
(2) Carrying a loaded firearm in violation of this section is
punishable, as follows:
(A) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(B) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(C) 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 18620) 186.20)
of Title 7 of Part 1), as a felony.
(D) Where the person is not in lawful possession of the firearm,
as defined in this section, or 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.
(E) 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.
(F) Where the person is not listed with the Department of Justice
pursuant to Section 11106, as the registered owner of the pistol,
revolver, or other firearm capable of being concealed upon the
person, by imprisonment in the state prison, or by imprisonment in a
county jail not to exceed one year, or by a fine not to exceed one
thousand dollars ($1,000), or both that fine and imprisonment.
(G) In all cases other than those specified in subparagraphs (A)
to (F), inclusive, as a misdemeanor, punishable 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.
(3) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully acquired and lawfully owns the firearm or has
the permission of the lawful owner or 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 lawful owner
or without the permission of a person who has lawful custody of the
firearm does not have lawful possession of the firearm.
(4) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
Welfare and Institutions Code, or any other law with a greater
penalty than this section.
(5) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 836, a peace officer may make an arrest without a warrant:
(i) When the person arrested has violated this section, although
not in the officer's presence.
(ii) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
(B) A peace officer may arrest a person for a violation of
subparagraph (F) of paragraph (2), if the peace officer has probable
cause to believe that the person is carrying a loaded pistol,
revolver, or other firearm capable of being concealed upon the person
in violation of this section and that 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.
(6) (A) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
12001.6, or of any crime made punishable under this chapter, shall
serve a term of at least three months in a county jail, 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 for a period of at least three months.
(B) The court shall apply the three-month minimum sentence 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 this
subdivision or by granting probation or suspending the imposition or
execution of sentence with conditions other than those set forth in
this subdivision, 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 that
disposition.
(7) A violation of this section which is punished by imprisonment
in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term exceeding
one year for the purposes of determining federal firearms
eligibility under Section 922(g)(1) of Title 18 of the United States
Code.
(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired, other duly appointed peace officers, honorably retired peace
officers listed in subdivision (c) of Section 830.5, other honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the
federal government who are carrying out official duties while in
California, or any person summoned by any of those officers to assist
in making arrests or preserving the peace while the person is
actually engaged in assisting that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this paragraph and paragraph
(3).
Any officer, except an officer listed in Section 830.1 or 830.2,
subdivision (a) of Section 830.33, or subdivision (c) of Section
830.5 who retired prior to January 1, 1981, shall have an endorsement
on the identification certificate stating that the issuing agency
approves the officer's carrying of a loaded firearm.
No endorsement or renewal endorsement issued pursuant to paragraph
(2) shall be effective unless it is in the format set forth in
subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027, except that any peace officer listed in subdivision (f) of
Section 830.2 or in subdivision (c) of Section 830.5, who is retired
between January 2, 1981, and on or before December 31, 1988, and who
is authorized to carry a loaded firearm pursuant to this section,
shall not be required to have an endorsement in the format set forth
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
12027 until the time of the issuance, on or after January 1, 1989, of
a renewal endorsement pursuant to paragraph (2).
(2) A retired peace officer, except an officer listed in Section
830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall
petition the issuing agency for renewal of his or her privilege to
carry a loaded firearm every five years. An honorably retired peace
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall not
be required to obtain an endorsement from the issuing agency to carry
a loaded firearm. The agency from which a peace officer is
honorably retired may, upon initial retirement of the peace officer,
or at any time subsequent thereto, deny or revoke for good cause the
retired officer's privilege to carry a loaded firearm. A peace
officer who is listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 who is retired
prior to January 1, 1981, shall have his or her privilege to carry a
loaded firearm denied or revoked by having the agency from which the
officer retired stamp on the officer's identification certificate "No
CCW privilege."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry loaded
firearms by this subdivision shall meet the training requirements of
Section 832 and shall qualify with the firearm at least annually.
The individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a loaded firearm. The
Department of Justice shall provide subsequent arrest notification
pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency
from which the officer has retired.
(4) Members of the military forces of this state or of the United
States engaged in the performance of their duties.
(5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs
while hunting on the premises of those clubs.
(6) The carrying of pistols, revolvers, or other firearms capable
of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section
12050) of Chapter 1 of Title 2 of Part 4.
(7) Armored vehicle guards, as defined in Section 7521 of the
Business and Professions Code, (A) if hired prior to January 1, 1977,
or (B) if hired on or after that date, if they have received a
firearms qualification card from the Department of Consumer Affairs,
in each case while acting within the course and scope of their
employment.
(8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
enforcement agencies, including, but not limited to, the Federal
Bureau of Investigation, the Secret Service, the United States
Customs Service, the Federal Bureau of Alcohol, Tobacco, and
Firearms, the Federal Bureau of Narcotics, the Drug Enforcement
Administration, the United States Border Patrol, and officers or
agents of the Internal Revenue Service who were authorized to carry
weapons while on duty, who were assigned to duty within the state for
a period of not less than one year, or who retired from active
service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a loaded
firearm.
Upon approval, the sheriff shall issue a permit to the retired
federal officer or agent indicating that he or she may carry a loaded
firearm in accordance with this paragraph. The permit shall be
valid for a period not exceeding five years, shall be carried by the
retiree while carrying a loaded firearm, and may be revoked for good
cause.
The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a
fee necessary to cover any reasonable expenses incurred by the
county.
(c) Subdivision (a) shall not apply to any of the following who
have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
(1) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also, under the express terms of the
charter, (A) are subject to suspension or dismissal after a hearing
on charges duly filed with the commission after a fair and impartial
trial, (B) are not less than 18 years of age or more than 40 years of
age, (C) possess physical qualifications prescribed by the
commission, and (D) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(2) The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency
when acting in the course and scope of their employment and when
designated by a local ordinance or, if the governmental agency is not
authorized to act by ordinance, by a resolution, either individually
or by class, to carry the weapons, or by persons who are authorized
to carry the weapons pursuant to Section 14502 of the Corporations
Code, while actually engaged in the performance of their duties
pursuant to that section.
(3) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
(d) Subdivision (a) shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033. The
certificate shall not be required of any person who is a peace
officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer.
(1) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
(2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority (A) if hired prior to January 1, 1977, or (B) if hired on
or after January 1, 1977, if they have completed a course in the
carrying and use of firearms which meets the standards prescribed by
the Department of Consumer Affairs.
(3) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are licensed pursuant to Chapter 11.6
(commencing with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
(4) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
(5) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while
actually engaged in protecting and preserving the property of their
employers or on duty or en route to or from their residences or their
places of employment, and security guards and alarm agents en route
to or from their residences or employer-required range training.
Nothing in this paragraph shall be construed to prohibit cities and
counties from enacting ordinances requiring alarm agents to register
their names.
(6) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes of
this section when there is an unexpended cartridge or shell,
consisting of a case that holds a charge of powder and a bullet or
shot, in, or attached in any manner to, the firearm, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm; except that a muzzle-loader firearm shall be
deemed to be loaded when it is capped or primed and has a powder
charge and ball or shot in the barrel or cylinder.
(h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
(i) Nothing in this section shall prevent any person from carrying
a loaded firearm in an area within an incorporated city while
engaged in hunting, provided that the hunting at that place and time
is not prohibited by the city council.
(j) (1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used
in this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its
assistance.
(2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety. This paragraph may not apply when the circumstances involve
a mutual restraining order issued pursuant to Division 10 (commencing
with Section 6200) of the Family Code absent a factual finding of a
specific threat to the person's life or safety. It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
(l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
(m) (1) The district attorney of each county shall submit annually
a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged
with a felony or a misdemeanor under this section and any other
offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or
before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative only until January 1,
2005.
SEC. 3.5. Section 1.5 of this bill incorporates amendments to
Section 11106 of the Penal Code proposed by both this bill and Senate
Bill 29. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 11106 of the Penal Code, and (3) this bill is
enacted after Senate Bill 29, in which case Section 1 of this bill
shall not become operative.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard 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.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.