BILL ANALYSIS �
AB 1402
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Date of Hearing: April 12, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1402 (Committee on Public Safety) - As Amended: March 30,
2011
SUMMARY : Makes non-substantive minor changes to the various
deadly weapons provisions that have been reorganized and
renumbered by the enactment of SB 1080 (Committee on Public
Safety), Chapter 711, Statutes of 2010.
EXISTING LAW :
1)Provides a person is guilty of carrying a concealed firearm
when he or she does any of the following: 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; carries concealed upon his or
her person any pistol, revolver, or other firearm capable of
being concealed upon the person; or causes to be carried
concealed within any vehicle in which he or she is an occupant
any pistol, revolver, or other firearm capable of being
concealed upon the person. �Penal Code Section 12025(a)(1) to
(3).]
2)States any person who has been convicted of a felony under the
laws of the United States, the State of California, or any
other state, government, or country or of an offense involving
violent use of a firearm, or who is addicted to the use of any
narcotic drug, and who owns, purchases, receives, or has in
his or her possession or under his or her custody or control
any firearm is guilty of a felony. �Penal Code Section
12021(a).]
3)Provides that any person who has been convicted of a felony or
of an offense involving violent use of a firearm, when that
conviction results from certification by the juvenile court
for prosecution as an adult in an adult court, as specified,
and who owns or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
AB 1402
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�Penal Code Section 12021(b).]
4)States any person who has been convicted of various
misdemeanors, and who, within 10 years of the conviction,
owns, purchases, receives, or has in his or her possession or
under his or her custody or control, any firearm is guilty of
a public offense, which shall be punishable by imprisonment in
a county jail not exceeding one year or in the state prison;
by a fine not exceeding $1,000; or by both that imprisonment
and fine. The court, on forms prescribed by DOJ, shall notify
DOJ of persons subject to this provision. �Penal Code Section
12021(c).]
5)Provides that it is a misdemeanor for a driver of any motor
vehicle or the owner of any motor vehicle, whether or not the
owner of the vehicle is occupying the vehicle, to knowingly
permit any other person to carry into or bring into the
vehicle a firearm in violation of existing law. �Penal Code
Section 12034(a).]
FISCAL EFFECT : None
COMMENTS : According to the author, "In 2010, the Legislature
enacted legislation to reorganize the statutes governing control
of deadly weapons in a user-friendly manner in new Part 6 of the
Penal Code, without changing any substantive effect. That
legislation was recommended by the Law Review Commission, and is
scheduled to become operative on January 1, 2011.
"Before the statutory reorganization becomes operative, a
clean-up bill needs to be enacted in order to implement minor
revisions that became necessary as the result of other bills
being enacted, and other technical revisions requested by the
Office of Legislative Counsel. Enactment of clean-up
legislation will help prevent confusion and ease the transition
to the new statutory scheme.
"AB 1402 makes non-substantive minor changes to the various
deadly weapons provisions that have been reorganized and
renumbered by the enactment of SB 1080 (Committee on Public
Safety), Chapter 711, Statutes of 2010."
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1402
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District Attorney, San Diego County
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744