BILL ANALYSIS
AB 1934
Page 1
Date of Hearing: April 20, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1934 (Saldana) - As Amended: April 6, 2010
As Proposed to be Amended in Committee
SUMMARY : Makes it a misdemeanor for any person to carry an
exposed an unloaded handgun outside a vehicle on his or her
person while in any public place or on any public street in an
incorporated city. Specifically, this bill :
1)Makes it a misdemeanor punishable by imprisonment in the
county jail not to exceed six months, by a fine not to exceed
$1,000, or by both a fine and imprisonment when any person
carries an exposed and unloaded handgun outside a vehicle on
his or her person while in any public place or on any public
street in an incorporated city, or in any public place or on
any public street in a prohibited area of an unincorporated
territory.
2)States that the sentencing provisions of this prohibition
shall not preclude prosecution under other specified
provisions of law with a penalty that is greater.
3)States that the provisions of this prohibition are cumulative,
and shall not be construed as restricting the application of
any other law. However, an act or omission punishable in
different ways by different provisions of law shall not be
punished under more than one provision.
4)Provides that the prohibition against openly carrying a
handgun in a public place shall not apply to, or affect, any
of the following:
a) The open carrying of an unloaded handgun by any peace
officer or by an honorably retired peace officer authorized
to carry a handgun;
b) The open carrying of an unloaded handgun by any person
authorized to carry a loaded handgun;
AB 1934
Page 2
c) The open carrying of an unloaded handgun as merchandise
by a person who is engaged in the business of
manufacturing, wholesaling, repairing or dealing in
firearms and who is licensed to engaged in that business or
an authorized representative of that business;
d) The open carrying of an unloaded handgun by duly
authorized military or civil organizations while parading,
or the members thereof when at the meeting places of their
respective organizations;
e) The open carrying of an unloaded handgun by a member of
any club or organization organized for the purpose of
practicing shooting at targets upon established target
ranges, whether public or private, while the members are
using handguns upon the target ranges or incident to the
use of a handgun at that target range;
f) The open carrying of an unloaded handgun by a licensed
hunter while engaged in lawful hunting;
g) The open carrying of an unloaded handgun incident to
transportation of a handgun by a person operating a
licensed common carrier or an authorized agent or employee
thereof when transported in conformance with applicable
federal law;
h) The open carrying of an unloaded handgun by a member of
an organization chartered by the Congress of the United
States or nonprofit mutual or public benefit corporation
organized and recognized as a nonprofit tax-exempt
organization by the Internal Revenue Service while an
official parade duty or ceremonial occasions of that
organization;
i) The open carrying of an unloaded handgun within a gun
show;
j) The open carrying of an unloaded handgun within a school
zone, as defined, with the written permission of the school
district superintendent, his or her designee, or equivalent
school authority;
aa) The open carrying of an unloaded handgun when in
AB 1934
Page 3
accordance with the provisions relating to the possession
of a weapon in a public building or State Capitol;
bb) The open carrying of an unloaded handgun by any person
while engaged in the act of making or attempting to make a
lawful arrest;
cc) The open carrying of an unloaded handgun incident to
loaning, selling, or transferring the same, so long as that
handgun is possessed within private property and the
possession and carrying is with the permission of the owner
or lessee of that private property;
dd) The open carrying of an unloaded handgun by a person
engaged in firearms-related activities, while on the
premises of a fixed place of business which is licensed to
conduct and conducts, as a regular course of its business,
activities related to the sale, making, repair, transfer,
pawn, or the use of firearms, or related to firearms
training;
ee) The open carrying of an unloaded handgun by an
authorized participant in, or an authorized employee or
agent of a supplier of firearms for, a motion picture,
television, or video production or entertainment event when
the participant lawfully uses the handgun as part of that
production or event or while the participant or authorized
employee or agent is at that production event;
ff) The open carrying of an unloaded handgun incident to
obtaining an identification number or mark assigned for
that handgun from the Department of Justice (DOJ);
gg) The open carrying of an unloaded handgun by a person
when that person is summoned by a peace officer to assist
in making arrests or preserving the peace while he or she
is actually engaged in assisting that officer; or,
hh) The open carrying of an unloaded handgun incident to a
private party transfer through a licensed firearms dealer.
5)Deletes provisions of law that allow a firearm to be carried
openly in a belt holster.
6)Deletes an outdated provision of law that was no longer
AB 1934
Page 4
operative and was to have been repealed on January 1, 2005
that required the Attorney General to submit a report to the
Legislature on the race, age, gender, and ethnicity of any
person charged with carrying a concealed handgun upon his or
her person or in a vehicle.
7)Exempts the transportation a firearm by a member of an
organization, directly to, or directly from, official parade
duty or ceremonial occasions of that organization if that
organization is chartered by the Congress of the United
States, or is a nonprofit mutual or public benefit corporation
organized and recognized as a nonprofit tax exempt
organization by the Internal Revenue Service.
8)Makes conforming and nonsubstantive technical changes.
EXISTING LAW :
1)Defines "handgun" as any "pistol," "revolver," or "firearm
capable of being concealed upon the person." [Penal Code
Section 12001(a)(2).]
2)Provides, except as otherwise provided, that a person is
guilty of carrying a concealed firearm when he or she:
a) Carries concealed within any vehicle which is under his
or her control or direction any pistol, revolver, or other
firearm capable of being concealed upon the person;
b) Causes to be concealed within any vehicle in which the
person is an occupant any pistol, revolver, or other
firearm capable of being concealed upon the person; or,
c) Carries concealed upon his or her person any pistol,
revolver, or other firearm capable of being concealed upon
the person. [Penal Code Section 12025(a).]
3)Provides that carrying a concealed firearm is generally a
misdemeanor, punishable by up to one year in a county jail; by
a fine of up to $1,000; or by both the fine and imprisonment.
However, there are six circumstances where the penalty may be
punishable as a felony or alternate felony-misdemeanor:
a) A felony where the person has previously been convicted
of any felony or of any crime made punishable by the
AB 1934
Page 5
Dangerous Weapons Control Law;
b) A felony where the firearm is stolen and the person
knew, or had reasonable cause to believe, that the firearm
was stolen;
c) A felony where the person is an active participant in a
criminal street gang;
d) A felony where the person is not in lawful possession of
the firearm, as defined, or the person is within a class of
persons prohibited from possessing or acquiring a firearm;
e) An alternate felony-misdemeanor where the person has
been convicted of a crime against a person or property or
of a narcotics or dangerous drug violation; and,
f) An alternate felony-misdemeanor where:
i) Both the concealable firearm and the unexpended
ammunition for that firearm are either in the immediate
possession of the person or readily available to that
person or where the firearm is loaded; and,
ii) The person is not listed with the DOJ as the
registered owner of the firearm. [Penal Code Section
12025(b).]
4)Provides a number of exceptions and limitations to the
prohibition on carrying a concealed firearm including methods
to lawfully carry firearms in a vehicle, a home, or a
business, etc. (Penal Code Sections 12025.5, 12026, 12026.1,
12026.2, 12027, and 12050.)
5)Defines a "loaded firearm" as "when there is an unexpended
cartridge or shell, consisting of a case that holds a charge
of powder and a bullet or shot, in, or attached in any manner
to, the firearm including, but not limited to, in the firing
chamber, magazine, or clip thereof attached to the firearm;
except that a muzzle-loader firearm shall be deemed to be
loaded when it is capped or primed and has a powder charge and
ball or shot in the barrel or cylinder." [Penal Code Section
12031(g).]
6)Prohibits the carrying of a loaded firearm on his or her
AB 1934
Page 6
person or in a vehicle while in any public place or on any
public street in an incorporated city or a prohibited area of
unincorporated territory. The penalty provisions for this
prohibition are substantially similar to those provided in
Penal Code Section 12025(b) and provide numerous exceptions
and limitation to this prohibition. (Penal Code Section
12031.)
7)Provides that carrying a loaded firearm is generally a
misdemeanor, punishable by up to one year in a county jail; by
a fine of up to $1,000; or by both the fine and imprisonment.
However, there are six circumstances where the penalty may be
punishable as a felony or alternate felony-misdemeanor:
a) A felony where the person has previously been convicted
of any felony or of any crime made punishable by the
Dangerous Weapons Control Law;
b) A felony where the firearm is stolen and the person knew
or had reasonable cause to believe that the firearm was
stolen;
c) A felony where the person is an active participant in a
criminal street gang;
d) A felony where the person is not in lawful possession of
the firearm, as defined, or the person is within a class of
persons prohibited from possessing or acquiring a firearm;
e) An alternate felony-misdemeanor punishable by
imprisonment in the state prison; by imprisonment in a
county jail not to exceed one year; by a fine not to exceed
$1,000; or by both that imprisonment and fine where the
person has been convicted of a crime against a person or
property or of a narcotics or dangerous drug violation.
f) An alternate felony-misdemeanor punishable by
imprisonment in the state prison; by imprisonment in a
county jail not to exceed one year; by a fine not to exceed
$1,000; or by both that imprisonment and fine where the
person is not listed with the DOJ as the registered owner
of the firearm. [Penal Code Section 12031(b).]
8)Prohibits a person, without appropriate permission, as
specified, from possessing a firearm within an area that the
AB 1934
Page 7
person knew or reasonably should have known was a "school
zone", defined as an area in or on the grounds of or within
1,000 feet of the grounds of any public or private K-12
school. (Penal Code Section 629.9.)
9)Provides that any person who has ever been convicted of a
felony and who owns or has in his or her possession or under
his or her custody or control a firearm is guilty of a felony,
punishable by 16 months, 2 or 3 years in prison. [Penal Code
Section 12021(b).]
10)Provides that every person who, except in self-defense, draws
or exhibits any firearm in public, loaded or unloaded, in the
presence of another person, in a rude, angry or threatening
manner is guilty of a misdemeanor and shall be imprisoned for
not less than three months nor more than one year in the
county jail; fined $1,000; or both. [Penal Code Section
417(a).]
11)Provides that every person who, except in self-defense, draws
or exhibits any firearm, loaded or unloaded, in a rude, angry
or threatening manner in public, in the presence of a peace
officer, who a reasonable person would know was in the
performance of his or her duty, is guilty of an alternate
misdemeanor/felony and shall be imprisoned for not less than
nine months and up to one year in the county jail or in the
state prison for 16 months, 2 or 3 years. [Penal Code Section
417(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Current
statutes do not presumptively prohibit the exposed carrying of
an unloaded handgun in public areas. 'Open carry' does not
require a permit unlike carrying a concealed firearm, for
which the applicant must demonstrate responsibility and a need
to their respective county sheriff. As a result, there has
been an increase in controversial events where individuals
openly carry unloaded handguns in public streets and
businesses. For instance, a group of about 100 armed citizens
hoping to make it easier to carry loaded guns in California
gathered at a restaurant in the San Francisco Bay area suburbs
in February 2010.
AB 1934
Page 8
"People who open carry often carry ammunition separately, which
is permitted under current law. According to
CaliforniaOpenCarry.org, '...with a little practice, one can
easily load a handgun in under two seconds.'
"Open carry creates a potentially dangerous situation. In most
cases when a person is openly carrying a firearm, law
enforcement is called to the scene. They may have few details
other than that one or more people are present at a location
and are armed. Should the gun-carrying person move in a way
that could be construed as threatening, peace officers may
feel compelled to respond in a manner that could be lethal and
unsafe not only for the gun-carrying individual, but for
others nearby as well.
"When responding to calls from concerned citizens, law
enforcement agents must determine whether the guns are
actually unloaded. In light of the state's current economic
crisis, is the practice of openly carrying a handgun in public
areas a drain on public safety resources?
"Customers generally worry for their safety when someone carries
a firearm into a business. Thus, many businesses, including
Buckhorn Grill, California Pizza Kitchen, and Peet's Coffee &
Tea, have recognized this concern and have prohibited
customers from openly carrying handguns in their
establishments."
2)Argument in Support : According to the Legal Community Against
Violence , "Over the past year, members of the so-called 'open
carry movement' have shocked Californians statewide by holding
carrying events in public places like coffee shops,
restaurants, and public parks. Open carry advocates seek to
normalize the carrying of firearms in public places, and use
open carrying to protest what they see as unjust state
firearms laws, including California's common-sense
restrictions on the issuance of concealed firearms licenses.
"While member of the open carry movement argue that they are
just 'exercising their rights," the open carrying of firearms
intimidates the public, wastes law enforcement resources, and
creates opportunities for injury and death due to the
accidental or intentional use of firearms. This conduct also
needlessly increases the likelihood that every day
AB 1934
Page 9
interpersonal conflicts will turn into deadly shootouts."
3)Argument in Opposition : According to the Gun Owners of
California , "The Supreme Court of the United States (SCOTUS)
held in Heller v. Washington DC that the Second Amendment is
an individual right intimately tied to the natural right of
self-defense and that the Federal government could not deny
that right. SCOTUS will announce its decision this June in
McDonald v. Chicago as to whether the Heller decision will be
incorporated thereby also preventing state and local
governments from infringing upon that right.
"We believe that a ban on 'open carrying' of unloaded handguns
will bring a chilling effect on the constitutional rights of
all citizens. Since the Second Amendment includes both the
right to keep and bear arms, the government of California is
going to have to come to grips as to how bearing will take
place. As long as Carry Concealed Weapons Permits (CCWs) are
not available to the vast majority of law-abiding citizens in
California, the only other option is open carry.
"The argument that citizens legally expressing their rights
causes some to e intimidated or uncomfortable is a vapid
excuse for curtailing both the First and Second Amendment
rights of any citizen. It may make some people feel
uncomfortable or intimidated to hear someone espousing
communist or nazi or racist beliefs in the public square, but
as long as they are not breaking the law by exercising their
hate-filled beliefs into actual subversion of the country,
their rights of free speech, no matter how detestable, are
protected even if it makes some people uncomfortable. That is
freedom!"
4)Prior Legislation .
a) AB 98 (Cohn), of the 2005-06 Legislative Session, would
have prohibited the carrying of an unloaded and exposed
handgun on the person or in a vehicle. AB 98 was held in
the Assembly Appropriations Committee.
b) AB 2828 (Cohn), of the 2003-04 Legislative Session,
would have prohibited carrying an unloaded, exposed handgun
on public streets of cities and in vehicles. AB 2828
failed passage in this Committee.
AB 1934
Page 10
c) AB 2501(Horton), of the 2003-04 Legislative Session,
would have prohibited carrying an unloaded and exposed
handgun in any public place if unexpended ammunition is
readily available unless the handgun is in a locked
container. AB 2501 failed passage in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Campaign to Prevent Gun
Violence
Legal Community Against Violence
Orange County Chapter of the Brady Campaign to Prevent Gun
Violence
Violence Prevention Coalition of Orange County
Coalition Against Gun Violence, Santa Barbara County
Mayor, City of West Hollywood
Opposition
California Rifle and Pistol Association
Gun Owners of California
National Rifle Association
One Private Citizen
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744