BILL ANALYSIS AB 491 Page 1 Date of Hearing: April 13, 1999 Chief Counsel: Harry M. Dorfman ASSEMBLY COMMITTEE ON PUBLIC SAFETY Mike Honda, Chair AB 491 (Scott) - As Amended: April 6, 1999 SUMMARY : Makes possession of a concealed or loaded firearm an alternate misdemeanor/felony under certain circumstances. Specifically, this bill : 1)Makes it an alternate misdemeanor/felony if both of the following conditions are met: a) Both the firearm and unexpended ammunition are either in the immediate possession of the person or readily accessible, and b) The person is not listed with the Department of Justice (DOJ) as the registered owner of the firearm, pursuant to Penal Code Section 11106(c)(1). 2)A misdemeanor violation is punishable by up to a year in jail, by a $1,000 fine, or both; a felony is punishable by 16 months, or 2 or 3 years in prison. 3)Makes it an alternate misdemeanor/felony to carry a loaded firearm on one's person, or in a vehicle on any public street where the person is not listed with the DOJ as the registered owner, punishable as in #1 above. 4)Requires the district attorney of each county to submit an annual report to the Attorney General detailing profiles by race, age, gender, and ethnicity of any person charged under this bill. 5)Requires the Attorney General to submit an annual report to the Legislature compiling all the reports described in #3 above. 6)Provides that this bill's Penal Code sections will remain in effect until January 1, 2005. EXISTING LAW : AB 491 Page 2 1)Provides that a person is guilty of carrying a concealed firearm when the person: a) Carries concealed within any vehicle under his or her control any concealable firearm, b) Carries concealed on his or her person any concealable firearm, or c) Causes to be carried concealed in any vehicle in which he/she is an occupant a concealable gun. (Penal Code Section 12025(a).) 2)Provides that where a person has previously been convicted of a felony, a Penal Code Section 12025 violation is a felony, punishable by 16 months, or 2 or 3 years in state prison. (Penal Code Section 12025(b)(1).) 3)Provides that where the firearm is stolen and the person knew or had reasonable cause to believe the firearm was stolen, a Penal Code Section 12025 violation is a felony, punishable by 16 months, or 2 or 3 years in state prison. (Penal Code Section 12025(b)(2).) 4)Provides that where the person is an active participant in a criminal street gang, a Penal Code Section 12025 violation is a felony, punishable by 16 months, or 2 or 3 years in state prison. (Penal Code Section 12025(b)(3).) 5)Provides that where the person not in lawful possession of the firearm is a felony, punishable by 16 months, or 2 or 3 years in state prison. (Penal Code Section 12025(b)(4).) 6)Defines "lawful possession of the firearm" as "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." (Penal Code Section 12025(f).) 7)Provides that all Penal Code Section 12025 violations other than those specified in #1-5 above are misdemeanors, punishable by up to one year in county jail, a $1,000 fine, or both. AB 491 Page 3 8)Provides that a person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on one's person, or in a vehicle in any public place or on any public street. (Penal Code Section 12031(a).) 9)Provides Penal Code Section 12031 violations, definitions and penalties are parallel to Penal Code Section 12025 violations, definitions, and penalties described in #2-6 above. FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement. According to the author, "Existing law (Penal Code Section 12020) provides that concealed carrying of pen knives, brass knuckles, dirks, daggers, zip guns and certain other devices can be prosecuted as a felony; however, the illegal carrying of a concealed handgun can only be prosecuted as a misdemeanor. "Former Attorney General Dan Lungren's Policy Council on Violence Prevention concluded that 'carrying a concealed, loaded firearm without a permit is a serious crime and should be treated as such.' Therefore, the council recommended that California enact legislation to increase the penalty to a 'misdemeanor or felony' at the discretion of the district attorney. "AB 491 would allow district attorneys and judges to charge or convict individuals who illegally conceal unregistered firearms with either a misdemeanor or felony." 2)Incentive to Possess Registered Firearms. This bill amends two firearms sections commonly used by prosecutors: Penal Code Sections 12025 and 12031. The change requires a person to formally register his or her handgun enabling DOJ to have a record of registration pursuant to Penal Code Section 11106(c)(1); a person who fails to register faces possible felony charges. The existing definition of "lawful possession" includes ownership of the firearm, but this bill's addition requires that the formality of registration be satisfied. Under this bill, when a police officer lawfully confiscates a gun from a person the gun must be registered with DOJ in order for the possession to be lawful. AB 491 Page 4 3)Can DOJ Handle the Volume of Police and Prosecutor Inquiries? Because this bill specifies that the DOJ's records of registration will be the key to proving lawful possession, will DOJ be able to process expeditiously the requests for verification? 4)Similar Legislation. AB 304 (Scott), of the 1997-98 Legislative Session; AB 632 (Katz), of the 1995-96 Legislative Session; AB 2469 (Burton), of the 1993-94 Legislative Session. REGISTERED SUPPORT / OPPOSITION : Support California Police Chiefs' Association City of Los Angeles Handgun Control, Inc. Legal Community Against Violence Public Health Institute Trauma Foundation Women Against Gun Violence Opposition California Public Defenders Association California Rifle and Pistol Association California Shooting Sports Association Gun Owners of California, Inc. One Private Citizen Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744