BILL ANALYSIS
AB 2523
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2523 (Thomson)
As Amended August 25, 2000
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |61-9 |(May 15, 2000) |SENATE: |37-0 |(August 29, |
| | | | | |2000) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
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.
The Senate amendments :
1)Delete the antique firearm exemption.
2)Change a punishment provision to conform to existing
sentencing statutes.
3)Clarify that the minimum penalty is imprisonment in a county
jail for not less than three months.
EXISTING LAW provides that every person:
1)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.
2)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.
3)Except in self-defense, who draws or exhibits any firearm,
whether loaded or unloaded, in a rude, angry, or threatening
AB 2523
Page 2
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.
4)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, two, or three years in state
prison.
5)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.
6)Who, during the commission of the offense of brandishing a
deadly weapon or firearm, intentionally inflicts great bodily
injury is guilty of an alternate felony-misdemeanor,
punishable by up to one year in the county jail or 16 months,
two, or three years in state prison.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that every person, in the presence of another person
in a public place, except in self-defense, who drew or
exhibited any non-antique handgun, whether loaded or unloaded,
in a rude, angry, or threatening manner, or used a firearm in
any fight or quarrel, was 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)Defined "public place" as any of the following:
a) A public place in an incorporated city;
b) A public street in an incorporated city; or,
c) A public street in an unincorporated area.
AB 2523
Page 3
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor nonreimbursable local incarceration
costs, offset to some degree by increased fines.
COMMENTS : 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 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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Bruce Chan / PUB. S. / (916) 319-3744
FN: 0006934