BILL ANALYSIS �
AB 2182
Page 1
ASSEMBLY THIRD READING
AB 2182 (Torres)
As Amended April 10, 2012
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 11-5
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|Ayes:|Ammiano, Hall, Mitchell, |Ayes:|Fuentes, Blumenfield, |
| |Skinner | |Bradford, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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SUMMARY : Requires a peace officer to arrest any person for
violating provisions of law that prohibit the carrying of a
concealed weapon in an airport without a concealed weapons
permit. Specifically, this bill :
1)Requires that a peace officer must arrest a person for
violating the provisions of law prohibiting the carrying of
concealed firearms when the offense occurs within an airport,
as defined, in an area to which access is controlled by the
inspection of persons and property, and would require the
peace officer to confiscate the firearm.
2)Establishes a rebuttable presumption that the area to which
access is controlled by the inspection of persons and property
begins wherever signs have been posted notifying airport users
that the possession of restricted items is prohibited.
EXISTING LAW :
1)Specifies that in any case in which a person is arrested for
an offense declared to be a misdemeanor, including a violation
of any city or county ordinance, and does not demand to be
taken before a magistrate, that person shall, instead of being
taken before a magistrate, be released according to the
procedures set forth by this chapter, although nothing
prevents an officer from first booking an arrestee. If the
AB 2182
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person is released, the officer or his or her superior shall
prepare in duplicate a written notice to appear in court,
containing the name and address of the person, the offense
charged, and the time when, and the place where, the person
shall appear in court. If the person is not released prior to
being booked and the officer in charge of the booking or his
or her superior determines that the person should be released,
the officer or his or her superior shall prepare a written
notice to appear in a court.
2)States that in any case in which a person is arrested for a
misdemeanor violation of a protective court order involving
domestic violence the person shall be taken before a
magistrate instead of being released according to the
procedures set forth in this chapter, unless the arresting
officer determines that there is not a reasonable likelihood
that the offense will continue or resume or that the safety of
persons or property would be imminently endangered by release
of the person arrested. Prior to adopting these provisions,
each city, county, or city and county shall develop a protocol
to assist officers to determine when arrest and release is
appropriate, rather than taking the arrested person before a
magistrate. The county shall establish a committee to develop
the protocol, consisting of, at a minimum, the police chief or
county sheriff within the jurisdiction, the district attorney,
county counsel, city attorney, representatives from domestic
violence shelters, domestic violence councils, and other
relevant community agencies.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct state costs. Potential, nonreimbursable
local law enforcement costs as a result of requiring an arrest
and thus increasing the duties of local law enforcement.
Arguably this bill should be keyed a state mandate.
COMMENTS : According to the author, "California airports
experience too many cases where individuals unlawfully carry
firearms into secured areas. In 2011, there were 64 incidents
at California airports where concealed firearms were discovered
at security checkpoints. Of those cases, only 34 resulted in
arrests.
"Under existing state law, there are scenarios that require
mandatory arrest for carrying a firearm at an airport. There
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are other scenarios where no arrest is made and instead an
individual is cited and released for carrying a firearm into a
secure or sterile area of an airport. Unfortunately, the
inconsistency in state law allows for different treatment of
gun-carrying individuals for the same violation of airport
security regulations and state firearm laws.
"California law needs to be clarified in order to ensure there
is a consistent application of state firearm laws. Any
individual who endangers the safety of travelers, law
enforcement and airport staff by unlawfully carrying a firearm
to an airport should be subject to arrest. Furthermore, current
law places sworn peace officers at airports in compromising
position should he or she be pressured to treat the case
differently if the perpetrator is known to be a person that
could exert influence or wield power.
"AB 2182 ensures that safety of California airports by adopting
a policy of zero tolerance for individuals who intentionally or
recklessly endanger the security of other passengers by
unlawfully carrying firearms into airports."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003462