BILL NUMBER: AB 2523 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2000
AMENDED IN SENATE JUNE 12, 2000
AMENDED IN ASSEMBLY APRIL 12, 2000
AMENDED IN ASSEMBLY MARCH 27, 2000
INTRODUCED BY Assembly Member Thomson
FEBRUARY 24, 2000
An act to amend Sections 417 and 417.6 of the Penal Code, relating
to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2523, as amended, Thomson. Firearms: unlawful display.
(1) Existing law provides that every person who, except in
self-defense, in the presence of another draws or exhibits any
firearm, loaded or unloaded, in a rude, angry or threatening manner,
or who in any manner unlawfully uses a firearm in any fight or
quarrel, is guilty of a misdemeanor punishable by imprisonment in a
county jail for not less than 3 months.
This bill would provide that if the violation occurs in a public
place, as defined, and the firearm is a pistol, revolver, or other
firearm capable of being concealed upon the person, the violation of
these provisions is punishable by imprisonment in a county jail not
exceeding one year, by a fine not to exceed $1,000, or by both that
fine and imprisonment. This bill would also make technical,
nonsubstantive changes to these and related provisions. By creating a
new crime, this bill would impose a state-mandated local program.
(2) Existing law provides that every person who, except in
self-defense, in the presence of any other person, draws or exhibits
any loaded firearm in a rude, angry, or threatening manner, or who
unlawfully uses any loaded firearm in any fight upon the grounds of
certain facilities, as specified, is punishable by imprisonment in
the state prison for one, 2, or 3 years, or in a county jail for not
less than 3 months and not more than one year.
This bill would punish the above-described offense by imprisonment
in the state prison for 16 months, or 2 or 3 years, or in a county
jail for not less than 3 months and not more than one year.
(3) 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 417 of the Penal Code is amended to read:
417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses a deadly weapon other
than a firearm in any fight or quarrel is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than 30
days.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail not exceeding one year,
by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for not less
than three months.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a rude,
angry, or threatening manner, or who, in any manner, unlawfully uses
any loaded firearm in any fight or quarrel upon the grounds of any
day care center, as defined in Section 1596.76 of the Health and
Safety Code, or any facility where programs, including day care
programs or recreational programs, are being conducted for persons
under 18 years of age, including programs conducted by a nonprofit
organization, during the hours in which the center or facility is
open for use, shall be punished by imprisonment in the state prison
for one, two, 16 months, or two or
three years, or by imprisonment in a county jail for not less than
three months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, and who knows, or reasonably
should know, by the officer's uniformed appearance or other action
of identification by the officer, that he or she is a peace officer
engaged in the performance of his or her duties, and that peace
officer is engaged in the performance of his or her duties, shall be
punished by imprisonment in a county jail for not less than nine
months and not to exceed one year, or in the state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than three
months nor more than one year.
(e) As used in this section, "peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) As used in this section, "public place" means any of the
following:
(1) A public place in an incorporated city.
(2) A public street in an incorporated city.
(3) A public street in an unincorporated area.
SEC. 2. Section 417.6 of the Penal Code is amended to read:
417.6. (a) If, in the commission of a violation of Section 417 or
417.8, serious bodily injury is intentionally inflicted by the
person drawing or exhibiting the firearm or deadly weapon, the
offense shall be punished by imprisonment in the county jail not
exceeding one year or by imprisonment in the state prison.
(b) As used in this section, "serious bodily injury" means a
serious impairment of physical condition, including, but not limited
to, the following: loss of consciousness; concussion; bone fracture;
protracted loss or impairment of function of any bodily member or
organ; a wound requiring extensive suturing; and serious
disfigurement.
(c) When a person is convicted of a violation of Section 417 or
417.8 and the deadly weapon or firearm used by the person is owned by
that person, the court shall order that the weapon or firearm be
deemed a nuisance and disposed of in the manner provided by Section
12028.
SEC. 3. 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.