BILL ANALYSIS �
AB 1527
Page 1
Date of Hearing: March 27, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1527 (Portantino) - As Amended: March 7, 2012
SUMMARY : Makes it a misdemeanor, with certain exceptions, for
a person to carry an unloaded firearm that is not a handgun on
his or her person outside a motor vehicle in an incorporated
city or city and county. Specifically, this bill :
1)Makes it a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, or by a fine not to exceed
$1,000, or both, for person to carry an unloaded firearm that
is not a handgun on his or her person outside a vehicle while
in an incorporated city or city and county, and makes this
offense punishable by imprisonment in the county jail not
exceeding one year, or by a fine not to exceed $1,000, or
both, if the firearm and unexpended ammunition capable of
being fired from that firearm are in the immediate possession
of that person and the person is not in lawful possession of
that firearm.
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)Provides 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 provisions relating to the carrying of an
unloaded firearm that is not a handgun on his or her person
outside a vehicle in specified areas does not apply under any
of the following circumstances:
a) By a person when done within a place of business, a
place of residence, or on private property, or if done with
the permission of the owner or lawful possessor of the
AB 1527
Page 2
property.
b) When the firearm is either in a locked container or
encased and it is being transported directly from any place
where a person is not prohibited from possessing that
firearm and the course of travel includes only those
deviations that are reasonably necessary under the
circumstances.
c) If the person possessing the firearm reasonably believes
that he or she is in grave danger because of circumstances
forming the basis of a current restraining order issued by
a court against another person or persons who has or have
been found to pose a threat to his or her life or safety,
as specified.
d) By any peace officer or by an honorably retired peace
officer if that officer may carry a concealed firearm, as
specified.
e) By any person to the extent that person is authorized to
openly carry a loaded firearm as a member of the military
of the United States.
f) 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 or agent of that
business.
g) By a duly authorized military or civil organization, or
the members thereof, while parading or rehearsing or
practicing parading, when at the meeting place of the
organization.
h) 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.
i) By a licensed hunter while engaged in lawful hunting or
while transporting that firearm while going to or returning
from that hunting expedition.
AB 1527
Page 3
j) 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.
aa) 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.
bb) Within a licensed gun show.
cc) Within a school zone, as defined, with the written
permission of the school district superintendent, his or
her designee, or equivalent school authority.
dd) When in accordance with the provisions relating to the
possession of a weapon in a public building or State
Capitol.
ee) By any person while engaged in the act of making or
attempting to make a lawful arrest.
ff) 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.
gg) 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.
hh) Incident to obtaining an identification number or mark
assigned for that handgun from the Department of Justice
(DOJ).
ii) At any established public target range while the person
AB 1527
Page 4
is using that firearm upon the target range.
jj) 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.
aaa) Complying with specified provisions of law relating to
the regulation of firearms.
bbb) Incident to, and in the course and scope of, training of
or by an individual to become a sworn peace officer as part
of a course of study approve by the Commission on Peace
Officer Standards and Training.
ccc) Incident to, and in the course and scope of, training of
or by an individual to become licensed to carry a concealed
weapon.
ddd) Incident to and at the request of a sheriff or chief or
other head of a municipal police department.
eee) If all of the 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 firearm that is not a handgun is to be
auctioned or otherwise sold for the nonprofit public
benefit mutual benefit corporation; and
iii) The unloaded firearm that is not a handgun is to be
delivered by a licensed firearms dealer.
fff) By a person who has permission granted by Chief
Sergeants at Arms of the State Assembly and the State
Senate to possess a concealed firearm within the State
Capitol.
ggg) By a person exempted from the prohibition against
carrying a loaded firearm within the Governor's Mansion.
hhh) By a person who is responsible for the security of a
AB 1527
Page 5
public transit system who has been authorized by the public
transit authority's security coordinator, in writing, to
possess a weapon within a public transit system.
iii) 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.
jjj) The carrying of an unloaded firearm that is not a
handgun by a person who holds a specified permit.
aaaa)By a licensed hunter while actually engaged in training
a dog for the purpose of using the dog in hunting that is
not prohibited by law, or while transporting the firearm
while going to or returning form the training.
bbbb)By a person in compliance with specified provisions
related to carrying a firearm in an airport.
cccc)By a person who is engaged in the business of
manufacturing ammunition and who is licensed to engage in
that business, or an authorized representative or
authorized agent of the person while the firearm is being
used in the lawful course and scope of the licensee's
activities, as specified.
5)Exempts security guards and retired peace officers who are
authorized to carry an unloaded firearm that is not a handgun
from the prohibition against possessing a firearm in a school
zone.
6)Recasts existing provisions of law that make it an offense for
a person to carry a loaded firearm on his or her person or in
a vehicle in a public place or a public street, public road,
or public highway in an incorporated city, or on his or her
person in a public place or on a public street in a prohibited
area of an unincorporated territory, or in a vehicle while in
a public place or on a public street, public road, or public
highway in any part of an unincorporated area.
7)Expands the prohibition against carrying an exposed an
unloaded handgun on his or her person outside a motor vehicle
in public areas and public streets to include public roads and
public highways in the areas a person is prohibited from
AB 1527
Page 6
carrying an exposed and unloaded handgun, as specified.
8)Exempts from the prohibition against carrying an exposed and
unloaded handgun outside a vehicle in a public place a
licensed hunter while actually engaged in the training of a
dog for the purpose of using the dog in hunting that is not
prohibited by law, or while transporting the firearm while
going to or returning from that training.
9)Exempts from the prohibition against carrying an exposed and
unloaded handgun outside a vehicle in a public place a person
in compliance with specified provisions related to carrying a
firearm in an airport.
10)Authorizes a county board of supervisors to enact an
ordinance that regulates the carrying of unloaded firearms
that are not handguns outside of a vehicle in the
unincorporated area of a county where the county has
prohibited the discharge of firearms if the ordinance contains
specified exemptions.
11)Makes conforming technical changes.
EXISTING LAW :
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 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. �Penal Code Section 26350(a)(1).]
2)Makes 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
immediate possession of the person and the person is not the
registered owner of the firearm. �Penal Code Section
26350(a)(2).]
3)Provides that a person is guilty of carrying a loaded firearm
when the person carries a loaded firearm upon the person or in
AB 1527
Page 7
a vehicle while at 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.
�Penal Code Section 25850(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1577 is a
modified version of AB 144 from last session. AB 1577 bans
the open carrying of an unloaded firearm that is not a handgun
in an incorporated city or city and county, with specific
exceptions The absence of a prohibition on 'open carry 'of
long guns has created an increase in problematic instances of
these 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; the officer, the gun-carrying individual, and for
any other individuals nearby as well.
"Additionally, the increase in "open carry" calls has 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."
2)Comments : This bill makes it a misdemeanor punishable by up
to six months in the county jail to carry an unloaded rifle or
shotgun in an incorporated city or city and county.
Additionally, this bill contains 33 exemptions or exceptions
that acknowledge the need to openly carry an unloaded rifle or
shotgun in order to engage in otherwise legal activity, such
as hunting and target shooting. What is the point of a
prohibition that requires 33 exceptions?
AB 1527
Page 8
3)Argument in Support : According to the California Chapter of
the Brady Campaign to Prevent Gun Violence , "Last year, AB
144, which prohibits the open carry of unloaded handguns was
enacted and became operative on January 1, 2012. In response
to this new law, the open carry proponents announced that they
would openly carry long guns, which is still permitted under
existing state law. The original open carry problem has now
been escalated with the carrying of exposed long guns in
crowded public places and in response, AB 1527 was introduced.
"The California Brady Campaign Chapters oppose the open carry of
long guns for the same reasons that we opposed the open
carrying of handguns. We continue to believe that carrying
exposed firearms in crowded public places with ammunition
readily available is inappropriate and risky behavior that
threatens public safety and strains law enforcement resources.
The carrying of exposed rifles and shotguns in urban
settings, such as shopping malls and restaurants, is
particularly inappropriate and threatening.
"Those who carry exposed long guns in public are not required to
undergo any special screening or clearance. In fact, there is
no verification process to ensure that the person is not
prohibited from possessing firearms. People who carry long
guns in crowded public places may lack the skill, experience,
judgment or moral character for safely carrying an exposed
weapon, particularly when faced with a confrontational
situation.
"The public display and flaunting of long guns in shopping malls
and restaurants puts employees and customers at risk of an
accidental or vigilante-type incident where innocent
bystanders could get shot. A member of the public, when
confronted by a person openly carrying a long gun, has no way
of knowing the intentions of that person. Caution would
dictate that the incident be reported to police. Police, in
turn, must respond and assume that the firearm is loaded until
determined otherwise. In this potentially life threatening
situation, law enforcement may understandably take lethal
action to protect the public and themselves from a perceived
armed threat."
4)Argument in Opposition : According to the National Rifle
Association of America , "In AB 1527, the proponents seek to
ban the open carry of unloaded guns. The provisions are
AB 1527
Page 9
written without the basic comprehension of what an integral
part of the open carrying and possession of long guns are in
the numerous outdoor activities Californians enjoy.
"The defensive carrying of firearms in public is protected by
the Second Amendment of the United States Constitution, which
the U.S. Supreme Court has already stated protects 'the
individual right to possess and carry weapons in case of
confrontation'.
"The extreme nature of this prohibition is illustrated in the
bill itself, which follows the prohibition with dozens of
exceptions, all of which merely reflect the fact that firearms
are a normal and integral part of American culture and are
handled or carried in a variety of perfectly innocent and
legitimate context."
REGISTERED SUPPORT / OPPOSITION :
Support
Peace Officers Research Association of California
California Chapter of the Brady Campaign to Prevent Gun Violence
Opposition
California Rifle and Pistol Association
National Rifle Association of America
National Association for Gun Rights
California Right to Carry
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744