BILL ANALYSIS
AB 2668
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2668 (Galgiani)
As Amended August 16, 2010
Majority vote
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|ASSEMBLY: |75-0 |(June 2, 2010) |SENATE: |32-0 |(August 18, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Prohibits a person from possessing or bringing
specified weapons within the State Capitol, any legislative
office, any hearing room, or the Legislative Office Building.
The Senate amendments :
1)Remove felony imprisonment as a form of punishment thus
creating a misdemeanor offense.
2)Add this crime to the list of specified misdemeanors for which
a person is prohibited from owning, purchasing, receiving, or
having in his or her possession or under his or her custody or
control any firearm for a period of 10 years.
3)Double join this bill with SB 1062 (Strickland).
AS PASSED BY THE ASSEMBLY , this bill prohibited a person from
possessing or bringing specified weapons within the State
Capitol, any legislative office, any hearing room, or the
Legislative Office Building. Specifically, this bill :
1)Provided that any person who brings or possessed, with the
State Capitol, any legislative office, or any hearing room in
which any committee of the Senate or Assembly is conducting a
hearing; the Legislative Office Building at 1020 "N" Street in
the City of Sacramento; or upon the grounds of the State
Capitol, bounded by 10th, "L", 15th, and "N" Streets in the
City of Sacramento, any of the following, is guilty of a
misdemeanor punishable by imprisonment in a county jail for a
period not to exceed one year, or by a fine not exceeding
$1,000, or by both that fine and imprisonment, or by
imprisonment in the state prison, if the area is posted with a
statement providing reasonable notice that prosecution may
AB 2668
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result from possession of any of these items:
a) Any firearm;
b) Any deadly weapon as described under existing law;
c) Any knife with a blade length in excess of four inches,
the blade of which is fixed or is capable of being fixed in
an unguarded position by the use of one or two hands;
d) Any unauthorized tear gas weapon;
e) Any stun gun as described under existing law;
f) Any instrument that expels a metallic projectile, such
as a BB or pellet, through the force of air pressure,
carbon dioxide pressure, or spring action, or any spot
market gun or paint gun;
g) Any ammunition as defined under existing law; and,
h) Any explosive as defined under existing law.
2)Exempt the following people from the aforementioned
restriction:
a) A duly appointed peace officer as defined under existing
law, a retired peace officer with authorization to carry
concealed weapons as described under existing law, a
full-time paid peace officer of another state or the
Federal Government who is carrying out official duties
while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the
peace while he or she is actually engaged in assisting the
officer;
b) A person holding a valid license to carry the firearm
pursuant to existing law, and who has permission granted by
the Chief Sergeants at Arms of the State Assembly and State
Senate to possess a concealed weapon upon the State
Capitol, any legislative office, any hearing room, or the
Legislative Office Building; and,
c) A person who has permission granted by the Chief
Sergeants at Arms of the State Assembly and the State
AB 2668
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Senate to possess a weapon upon the premises.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Assembly Bill 2668 is
merely a clean-up bill to existing law affecting the possession
of weapons within the State Capitol building. There are 75,000
to 80,000 visitors per month to the Capitol; three to six
Concealed Weapons Permits per month are granted; and 7 to 10
off-duty peace officers with weapons per month are permitted.
In order to provide the California Highway Patrol and the
Sergeants-at-Arms the proper tools to deal with the safety of
all Capitol employees, the law needs to be re-defined to remove
ambiguities. AB 2668 clarifies the Penal Code to more closely
mirror the law relating to the possession of weapons in other
state or local buildings, and will allow law enforcement to
carry out their job more efficiently."
Analysis Prepared by : Nicole S. Hanson / PUB. S. / (916)
319-3744
FN: 0006188