BILL ANALYSIS �
AB 1527
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1527 (Portantino) - As Amended: April 10, 2012
Policy Committee: Public
SafetyVote: 4-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes it a misdemeanor, with a long list of
exceptions, for a person to carry an unloaded gun that is not a
handgun on his or her person (long-gun open-carry) outside a
motor vehicle in an incorporated city or city and county.
Specifically, this bill:
1)Makes the misdemeanor punishable by up to six months and/or a
fine of up to $1,000, or by up to one year in county jail
and/or a fine up to $1,000 if the gun and unexpended
ammunition capable of being fired from that gun are in the
immediate possession of that person and the person is not in
lawful possession of that gun.
2)Creates a lengthy series of exceptions to the long-gun open
carry prohibition.
3)Makes a series of conforming changes.
FISCAL EFFECT
Unknown, likely minor, non-state-reimbursable local law
enforcement and incarceration costs, offset to a degree by
increased fine revenue.
COMMENTS
1)Rationale. The principle purpose of the bill is to follow up
on the author's AB 144 (Statutes of 2011), which made public
open-carry of handguns a misdemeanor, as specified, by
expanding the prohibition to long-guns in incorporated cities.
AB 1527
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According to the author, "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 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)Current law.
a) Makes it a misdemeanor punishable by up to six months in
county jail and/or a fine of up to $1,000 to carry an
exposed and unloaded handgun upon his or her person, or
inside a vehicle, while in any public place or on any
public street in an incorporated city, on any public street
in a prohibited area of an unincorporated county, in any
public place in a prohibited area of a city or county The
penalty is up to one year in county jail and/or a fine of
up to $1,000 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 gun.
b) Makes it a felony or a misdemeanor, depending on the
circumstances, to carry a loaded gun upon the person or in
a vehicle while at any public or on any public street in an
incorporated city or in any public place or in a prohibited
area of an unincorporated territory.
AB 1527
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3)Support. According to the Peace Officers Research Association
of California (PORAC), "The practice by individuals and
organizations to "openly carry" firearms in public places in
order to challenge law enforcement and firearm statutes in
California is increasing in frequency. While PORAC understands
that most of these open carry demonstrations are being done by
law abiding citizens, it places law enforcement and the public
in a precarious and possibly dangerous situation."
According to the California Chapter of the Brady Campaign to
Prevent Gun Violence, "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."
4)Opposition . According to the National Rifle Association of
America, "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."
Analysis Prepared by : Geoff Long/ APPR. / (916) 319-2081