BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1527 (Portantino) - Firearms: openly carrying long guns.
Amended: April 10, 2012 Policy Vote: Public Safety 5-2
Urgency: No Mandate: Yes
Hearing Date: August 6, 2012
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1527 would make it a misdemeanor, subject to
numerous exemptions, for a 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. This bill
creates additional exemptions from the existing prohibition
against carrying an exposed and unloaded handgun outside a
vehicle in a public space, as specified.
Fiscal Impact:
Potential ongoing court costs of $24,000 to $48,000
(General Fund) for 50 to 100 additional misdemeanor filings
per year.
Potential non-reimbursable local enforcement and
incarceration costs, offset to a degree by fine revenue.
While the impact of this bill independently is likely to be
minor, the cumulative effect of all new misdemeanors could
create General Fund cost pressure on capital outlay,
staffing, programming, the courts, and other resources in
the context of recently enacted 2011 Public Safety
Realignment.
Background: Existing law 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. Openly
carrying an unloaded handgun is also prohibited 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.
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Proposed Law: This bill would make it a misdemeanor 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, to be punishable as follows:
By up to six months in a county jail, or a fine of up to
$1,000, or both, for a 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.
By up to one year in the county jail, or a fine of up to
$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.
This bill provides numerous exemptions to the prohibition on the
carrying of an unloaded firearm that is not a handgun outside a
vehicle in specified areas, including but not limited to the
following:
By a person when done within a place of business, a
place of residence, or on private property, if that person
may carry a firearm within that place of business, place of
residence, or on that private property owned or lawfully
possessed by that person.
When the firearm is either in a locked container or
encased and it is being transported directly between places
where a person is not prohibited from possessing that
firearm and the course of travel shall include only those
deviations between authorized locations as are reasonably
necessary under the circumstances.
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.
This paragraph may not apply when the circumstances involve
a mutual restraining order absent a factual finding of a
specific threat to the person's life or safety.
By a peace officer or an honorably retired peace officer
if that officer may carry a concealed firearm or a loaded
firearm pursuant to existing law.
As merchandise by a person who is engaged in the
business of manufacturing, importing, wholesaling,
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repairing, or dealing in firearms and who is licensed to
engage in that business, or the authorized representative
or authorized agent of that person, while engaged in the
lawful course of the business.
By a duly authorized military or civil organization, or
the members thereof, while parading or while rehearsing or
practicing parading, when at the meeting place of the
organization.
By a member of a 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 firearm that is not a handgun at that target
range.
By a licensed hunter while engaged in hunting or while
transporting that firearm when going to or returning from
that hunting expedition.
Incident to transportation of a handgun by a person
operating a licensed common carrier, or by an authorized
agent or employee thereof, when transported in conformance
with applicable federal law.
By a member of an organization chartered by the Congress
of the United States or a nonprofit mutual or public
benefit corporation organized and recognized as a nonprofit
tax-exempt organization by the Internal Revenue Service
while on official parade duty or ceremonial occasions of
that organization or while rehearsing or practicing for
official parade duty or ceremonial occasions.
Within a gun show.
Within a school zone, as defined, with the written
permission of the school district superintendent, the
superintendent's designee, or equivalent school authority.
By a person while engaged in the act of making or
attempting to make a lawful arrest.
By a person engaged in firearms-related activities,
while on the premises of a fixed place of business that 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.
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 that firearm as
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part of that production or event, as part of rehearsing or
practicing for participation in that production or event,
or while the participant or authorized employee or agent is
at that production or event, or rehearsal or practice for
that production or event.
At an established public target range while the person
is using that firearm upon that target range.
This bill creates the following exemptions from the existing
prohibition against carrying an exposed and unloaded handgun
outside a vehicle in a public space:
A licensed hunter while 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.
A person in compliance with specified provisions related
to carrying a firearm in airports and commuter passenger
terminals.
Related Legislation: AB 144 (Portantino) Chapter 725/2011 made
it a misdemeanor punishable by up to six months in jail and a
$1,000 fine to openly carry an unloaded handgun on one's person,
as specified, and established specified exceptions to this
prohibition.
Staff Comments: The provisions of this bill will result in
non-reimbursable local law enforcement costs offset to a degree
by fine revenue. The Judicial Council has indicated costs for
increased misdemeanor filings could result in increased costs of
approximately $24,000 to $48,000 (General Fund) statewide if 50
to 100 new misdemeanors are filed annually.
The creation of new misdemeanors has historically been analyzed
by this Committee to result in non-reimbursable state mandated
costs for local law enforcement and incarceration. Staff notes,
however, that the creation of new misdemeanors taken
cumulatively could increase the statewide adult jail population
to a degree that could potentially impact the flexibility of
counties to manage their jail populations recently increased
under the 2011 Public Safety Realignment. While the provisions
of this bill are likely to be minor, the cumulative effect of
all new misdemeanors could create unknown General Fund cost
pressure on capital outlay, staffing, programming, the courts,
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and other resources.