BILL ANALYSIS �
AB 144
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 144 (Portantino and Ammiano)
As Amended June 1, 2011
Majority vote
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|ASSEMBLY: |46-29|(May 16, 2011) |SENATE: |21-18|(September 8, |
| | | | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it a misdemeanor for any person to carry an
exposed and unloaded handgun outside a vehicle upon his or her
person while in any public place or on any public street in an
incorporated city, or in any public place or public street in a
prohibited area of an unincorporated county.
The Senate amendments exempt a security guard authorized to
openly carry an unloaded handgun and an honorably retired peace
officer authorized to openly carry an unloaded handgun from
prohibitions against a firearm in a school zone.
AS PASSED BY THE ASSEMBLY , this bill made it a misdemeanor for
any person to carry an exposed and unloaded handgun outside a
vehicle upon his or her person while in any public place or on
any public street in an incorporated city, or in any public
place or public street in a prohibited area of an unincorporated
county. 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 for any person to carry an
exposed and unloaded handgun outside a vehicle upon his or her
person, or when that person carries an exposed and unlocked
handgun inside or on a vehicle, whether or not is in 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 public
street in a prohibited area of an unincorporated county.
2)Made the crime of openly carrying an unloaded handgun
punishable by imprisonment in the county jail not to exceed
one year, or by a fine not to exceed $1,000, or by that fine
and imprisonment if the handgun and unexpended ammunition
capable of being discharged from that firearm are in the
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immediate possession of the person and the person is not the
registered owner of the firearm.
3)Stated that the sentencing provisions of this prohibition
shall not preclude prosecution under other specified
provisions of law with a penalty that is greater.
4)Provided 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.
5)Stated that notwithstanding the fact that the term "an
unloaded handgun" is used in this section, each handgun shall
constitute a separate and distinct offense.
6)Stated that the open carrying of an unloaded handgun does not
apply to the carrying of an unloaded handgun if the handgun is
carried either in the locked trunk of a motor vehicle or in a
locked container.
7)Provided that the crime of openly carrying an unloaded handgun
does not apply to, or affect, 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
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
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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;
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
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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;
hh) The open carrying of an unloaded handgun incident to a
private party transfer through a licensed firearms dealer;
ii) The open carrying of an unloaded handgun by a person in
the scope and course of training by an individual to become
a sworn peace officer;
jj) The open carrying of an unloaded handgun in the course
and scope of training to in order to be licensed to carry a
concealed weapon;
aaa) The open carrying of an unloaded handgun at the request
of a sheriff or chief or other head of a municipal police
department;
bbb) The open carrying of an unloaded handgun within a place
of business, within a place of residence, or on private
property if done with the permission of the owner or lawful
possessor of the property; and,
ccc) The open carrying of an unloaded handgun when all of the
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following conditions are satisfied:
i) The open carrying occurs at an auction or similar
event of a nonprofit or mutual benefit corporation event
where firearms are auctioned or otherwise sold to fund
activities;
ii) The unloaded handgun is to be auctioned or otherwise
sold for the nonprofit public benefit mutual benefit
corporation;
iii) The unloaded handgun is delivered by a licensed
dealer;
iv) The open carrying of an unloaded handgun does not
apply to person authorized to carry handguns in the State
Capitol or residences of the Governor or other
constitutional officers; and,
v) The open carrying of an unloaded handgun on publicly
owned land, if the possession and use of a handgun is
specifically permitted by the managing agency of the land
and the person carrying the handgun is the registered
owner of the handgun.
8)Made conforming and non-substantive technical changes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "The absence of a
prohibition on 'open carry' has created an increase in
problematic instances of guns carried in public, alarming
unsuspecting individuals causing issues for law enforcement.
"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 with few details other than
one or more people are present at a location and are armed.
"In these tense situations, the slightest wrong move by the gun
carrier could be construed as threatening by the responding
officer, who may feel compelled to respond in a manner that
could be lethal. In this situation, the practice of 'open
carry' creates an unsafe environment for all parties involved:
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the officer, the gun-carrying individual, and for any other
individuals nearby as well.
"Additionally, the increase in "open carry" calls placed to law
enforcement has taxed departments dealing with under-staffing
and cutbacks due to the current fiscal climate in California,
preventing them from protecting the public in other ways."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001386