BILL ANALYSIS
AB 2523
Page 1
Date of Hearing: April 4, 2000
Chief Counsel: Bruce E. Chan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 2523 (Thomson) - As Amended: March 27, 2000
As Proposed To Be Amended In Committee
SUMMARY : Increases the misdemeanor penalty for brandishing a
handgun from six months to one year in the county jail if the
offense occurred in a public place. Specifically, this bill :
1)Provides that every person, in the presence of another person
in a public place, except in self-defense, who draws or
exhibits any unregistered handgun, whether loaded or unloaded,
in a rude, angry, or threatening manner, or uses a firearm in
any fight or quarrel, is guilty of an alternate misdemeanor,
punishable by imprisonment in the county jail up to one year
and/or by a fine not to exceed $1,000.
2)Defines "public place" as any of the following: a public
place in an incorporated city, a public street in an
incorporated city, a public street in an unincorporated area,
and any place where it is unlawful to discharge a firearm
in an unincorporated area
EXISTING LAW :
1)Provides that every person, except in self-defense, who draws
or exhibits any deadly weapon in a rude, angry, or threatening
manner, or uses a weapon in any fight or quarrel, is guilty of
a misdemeanor. Unless otherwise specified, the punishment for
the offense is six months in the county jail with a minimum
sentence of not less than 30 days. (Penal Code Section
417(a)(1).)
2)Provides that every person, in the presence of another person,
except in self-defense, who draws or exhibits any firearm,
whether loaded or unloaded, in a rude, angry, or threatening
manner, or uses a firearm in any fight or quarrel, is guilty
of a misdemeanor. Unless otherwise specified, the punishment
for the offense is six months in the county jail with a
minimum sentence of not less than 90 days. (Penal Code
AB 2523
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Section 417(a)(2).)
3)Provides that every person, except in self-defense, who draws
or exhibits any firearm, whether loaded or unloaded, in a
rude, angry, or threatening manner, or uses a firearm in any
fight or quarrel, upon the grounds of a day care or youth
center during normal hours of operation, is guilty of an
alternate felony-misdemeanor. The punishment for the offense
is up to one year in the county jail with a minimum sentence
of 90 days or one, two, or three years in state prison.
(Penal Code Section 417(b).)
4)Provides that every person in the immediate presence of a
peace officer, who draws or exhibits any firearm, whether
loaded or unloaded, in a rude, angry, or threatening manner,
and knows or reasonably should know by the officer's uniformed
appearance or other actions, that he or she is a peace officer
engaged in the performance of his or her duties, is guilty of
an alternate felony-misdemeanor, punishable by imprisonment up
to one year in the county jail or 16 months, 2, or 3 years in
state prison. (Penal Code Section 417(c).)
5)Provides that any person who draws or exhibits any firearm,
whether loaded or unloaded, or deadly weapon, with the intent
to resist an arrest or detention by a peace officer, is guilty
of a felony, punishable by two, three, or four years in state
prison. (Penal Code Section 417.8.)
6)Provides that any person who, during the commission of the
offense of brandishing a deadly weapon or firearm,
intentionally inflicts great bodily injury (GBI) is guilty of
an alternate felony-misdemeanor, punishable by up to one year
in the county jail or 16 months, 2, or 3 years in state
prison. (Penal Code Section 417.6.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement: According to the author, "AB 2523 is
designed to encourage responsible gun ownership by applying
stiffer penalties to those who brandish a handgun in a public
place. This bill provides greater uniformity by modifying the
existing penalty to be more consistent with other more
aggravated forms of displaying a weapon, such as brandishing
AB 2523
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any weapon upon the grounds of a youth or day care center
during business hours or brandishing a weapon in the presence
of a peace officer."
2)This Bill Increases The Misdemeanor Penalty For Brandishing A
Handgun If The Offense Occurs In A Public Place: Existing law
provides that any person who displays any firearm or deadly
weapon in the presence of another person is guilty of a
misdemeanor, punishable by up to six months in the county
jail. Existing law also provides for a more severe penalty if
the brandishing occurs upon the grounds of a day-care or youth
center during normal hours of operation. The punishment for
the offense is up to one year in the county jail with a
minimum sentence of 90 days or one, two, or three years in
state prison.
This bill increases the existing misdemeanor penalty from six
months to one year in the county jail if two conditions are
present: (a) the firearm is a handgun and (b) the display of
the handgun occurred in a public place. This increase appears
to be consistent with the existing statutory scheme. Handguns
are more easily concealed upon the person. Displaying a
handgun in a public place poses greater risks than if the act
occurred in a private setting.
3)Related Legislation: AB 491 (Scott), Chapter 571, Statutes of
1999, made possession of an unregistered concealed or loaded
firearm an alternate misdemeanor/felony under certain
circumstances.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744