BILL ANALYSIS
AB 1934
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1934 (Saldana and Ammiano)
As Amended August 19, 2010
Majority vote
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|ASSEMBLY: |46-30|(June 1, 2010) |SENATE: |21-16|(August 31, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments exempt:
1)Licensed hunters from the prohibition against open carrying of
an unloaded handgun while transporting a handgun when going to
or returning from a hunting expedition.
2)Specified persons from the prohibition against open carrying
of an unloaded handgun while rehearsing or practicing for
official parade duty or ceremonial occasions.
3)Participants in motion picture productions from the
prohibition against open carrying of an unloaded handgun while
rehearsing or practicing for participation in a production.
4)The open carrying of an unloaded handgun by in the course and
scope of training by an individual to become a sworn peace
officer.
5)The open carrying of an unloaded handgun in the course and
scope of training by an individual seeking a license to carry
a concealed handgun.
6)The open carrying of an unloaded handgun in a place of
business, a place of residence, or on private property with
the permission of a person who lawfully owns or possesses the
property.
7)The open carrying of an unloaded handgun at an auction or
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similar event at which firearms are auctioned or sold and it
is to be delivered by a licensed firearms dealer.
8)Make specific exemptions relating to open carrying of an
unloaded handgun contingent upon the enactment of AB 2668
(Galgiani) and AB 2324 (Perez).
9)Double joins this bill with AB 1810 (Feuer).
AS PASSED BY THE ASSEMBLY , this bill made 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)Made 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)Stated that the sentencing provisions of this prohibition
shall not preclude prosecution under other specified
provisions of law with a penalty that is greater.
3)Stated 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)Provided 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;
c) The open carrying of an unloaded handgun as merchandise
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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
accordance with the provisions relating to the possession
of a weapon in a public building or State Capitol;
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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)Deleted provisions of law that allow a firearm to be carried
openly in a belt holster.
6)Deleted an outdated provision of law that was no longer
operative and was to have been repealed on January 1, 2005,
that required the Attorney General to submit a report to the
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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)Exempted 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)Made conforming and nonsubstantive technical changes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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.
"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.
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"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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0006572