AB 491 Assembly Bill - Bill Analysis

BILL ANALYSIS

Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 491
Page 1

CONCURRENCE IN SENATE AMENDMENTS
AB 491 (Scott)
As Amended September 2, 1999
Majority vote

ASSEMBLY: 43-27 (June 1, 1999)
SENATE: 23-13 (September 7, 1999)

Original Committee Reference: PUB. S.

SUMMARY : Makes possession of a concealed or loaded firearm an
alternate misdemeanor/felony under certain circumstances.
Requires the Attorney General (AG) to keep an electronic record
in the Department of Justice (DOJ) firearms registry of firearms
owners indicated by a Dealers' Record of Sale (DROS) prior to
1979 if the owner makes a written request that the AG do so.
Requires the AG to make the record within three days of the
request, and to notify the owner that the request has been
honored. Contains double-joining language referring to SB 29
(Peace).

The Senate amendments :

1)Require the AG to keep an electronic record in the DOJ
firearms registry (as well as in the record's existing
photographic, photostatic or nonerasable optically-stored
form) of any person listed in the registry as the owner of a
firearm through a DROS prior to 1979, if the owner requests by
letter that the AG do so. Require the AG to make the record
within three days of the request, and to notify the owner that
the request has been honored.

2)Require the AG to create the electronic record within three
days of receiving the request.

3)Authorize a peace officer to arrest a person if the officer
has probable cause to believe the person:

a) Has a concealable firearm and unexpended ammunition in
his or her immediate possession, or readily accessible;

b) Has a loaded concealable firearm in his or her immediate
possession, or readily accessible; and,

c) Is carrying a loaded concealable firearm and is not
listed with DOJ as the registered owner of that firearm.

4)Contain double-joining language referring to SB 29 (Peace),
pending on the Assembly Floor.

AS PASSED BY THE ASSEMBLY , this bill:

1)Made it an alternate misdemeanor/felony where the person had
been convicted of a crime against a person or property, or of
a narcotics or dangerous drug violation. A misdemeanor was
punishable by up to one year in county jail, a $1,000 fine, or
both. A felony was punishable by 16 months, two or three
years in prison, a $1,000 fine, or both.

2)Made it an alternate misdemeanor/felony if both of the
following conditions were met: a) both the firearm and
unexpended ammunition were either in the immediate possession
of the person or readily accessible; and, b) the person was
not listed with the Department of Justice (DOJ) as the
registered owner of the firearm, punishable as in #1 above.

3)Made 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 was not listed with DOJ as the registered
owner, punishable as in #1 above.

4)Required the district attorney of each county to submit an
annual report to the Attorney General (AG) detailing profiles
by race, age, gender, and ethnicity of any person charged
under this bill.

5)Required the AG to submit an annual report to the Legislature
compiling all the reports described in #3 above.

6)Provided that this bill's Penal Code sections would remain in

effect until January 1, 2005.

FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, based on the 61 persons admitted to state
prison in 1997-98 for concealed gun violations, it is likely
that at least eight persons will receive state prison terms as a
result of this bill, creating first-year costs of about
$175,000. To the extent the new wobblers trigger second or
third strike sentences, out-year costs could be considerably
greater. This bill has:

1)Minor state-reimbursable local costs for the reporting
requirement.

2)Absorbable costs to DOJ for the reporting requirement.

COMMENTS : 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."

Please see the policy committee analysis for a more
comprehensive discussion of this bill.

Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744

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