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Thread: Assembly Member Lori Saldana's AB 1934 now online

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    This 9,996 word bill directly changes7 sections of existing California Penal Code, indirectly touches on other sections of code, and adds a completely new section of code (12037) which alone is 1,859 words long.

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    http://www.leginfo.ca.gov/pub/09-10/...d_asm_v98.html

    BILL NUMBER: AB 1934 AMENDED
    BILL TEXT

    AMENDED IN ASSEMBLY APRIL 6, 2010

    INTRODUCED BY Assembly Member Saldana

    FEBRUARY 17, 2010

    An act to amend Section 12075 of Sections
    7574.14 and 7582.2 of the Business and Professions Code, and to amend
    Sections 626.9, 12001, 12025, 12026, 12026.2, and 12590 of, and to
    add Section 12037 to,
    the Penal Code, relating to firearms.


    LEGISLATIVE COUNSEL'S DIGEST


    AB 1934, as amended, Saldana. Firearms.
    Existing law, subject to exceptions, makes it an offense to carry
    a concealed handgun on the person or in a vehicle, as specified.
    Existing law provides that firearms carried openly in belt holsters
    are not concealed within the meaning of those provisions.

    This bill would delete the exception pertaining to firearms
    carried openly in belt holsters. The bill would also establish an
    exemption to the offense for transportation of a firearm by members
    of specified organizations going directly to or from official parade
    duty or ceremonial occasions, as specified.

    By expanding the scope of an existing offense, this bill would
    impose a state-mandated local program.

    Existing law, subject to exceptions, makes it an offense to carry
    a loaded firearm in specified public areas.

    The bill would, subject to exceptions, make it a misdemeanor,
    punishable as specified, to openly carry an unloaded handgun on the
    person in specified public areas.

    By creating a new offense, this bill would impose a state-mandated
    local program.

    The bill would make conforming and nonsubstantive technical
    changes.

    The California Constitution requires the state to reimburse local
    agencies and school districts for certain costs mandated by the
    state. Statutory provisions establish procedures for making that
    reimbursement.

    This bill would provide that no reimbursement is required by this
    act for a specified reason.

    Existing law generally regulates firearms transfers, including the
    use of a register in connection with sales, as specified.

    This bill would make a technical, nonsubstantive change to those
    provisions.
    Vote: majority. Appropriation: no. Fiscal committee: no
    yes . State-mandated local program: no
    yes .


    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. Section 7574.14 of the
    Business and Professions Code
    is amended to read:
    7574.14. This chapter shall not apply to the following:
    (a) An officer or employee of the United States of America, or of
    this state or a political subdivision thereof, while the officer or
    employee is engaged in the performance of his or her official duties,
    including uniformed peace officers employed part time by a public
    agency pursuant to a written agreement between a chief of police or
    sheriff and the public agency, provided the part-time employment does
    not exceed 50 hours in any calendar month.
    (b) A person engaged exclusively in the business of obtaining and
    furnishing information as to the financial rating of persons.
    (c) A charitable philanthropic society or association incorporated
    under the laws of this state that is organized and duly maintained
    for the public good and not for private profit.
    (d) Patrol special police officers appointed by the police
    commission of any city, county, or city and county under the express
    terms of its charter who also under the express terms of the charter
    (1) are subject to suspension or dismissal after a hearing on charges
    duly filed with the commission after a fair and impartial trial, (2)
    must be not less than 18 years of age nor more than 40 years of age,
    (3) must possess physical qualifications prescribed by the
    commission, and (4) are designated by the police commission as the
    owners of a certain beat or territory as may be fixed from time to
    time by the police commission.
    (e) An attorney at law in performing his or her duties as an
    attorney at law.
    (f) A collection agency or an employee thereof while acting within
    the scope of his or her employment, while making an investigation
    incidental to the business of the agency, including an investigation
    of the location of a debtor or his or her property where the contract
    with an assignor creditor is for the collection of claims owed or
    due or asserted to be owed or due or the equivalent thereof.
    (g) Admitted insurers and agents and insurance brokers licensed by
    the state, performing duties in connection with insurance transacted
    by them.
    (h) Any bank subject to the jurisdiction of the Commissioner of
    Financial Institutions of the State of California under Division 1
    (commencing with Section 99) of the Financial Code or the Comptroller
    of Currency of the United States.
    (i) A person engaged solely in the business of securing
    information about persons or property from public records.
    (j) A peace officer of this state or a political subdivision
    thereof while the peace officer is employed by a private employer to
    engage in off-duty employment in accordance with Section 1126 of the
    Government Code. However, nothing herein shall exempt such a peace
    officer who either contracts for his or her services or the services
    of others as a private patrol operator or contracts for his or her
    services as or is employed as an armed private security officer. For
    purposes of this subdivision, "armed security officer" means an
    individual who carries or uses a firearm in the course and scope of
    that contract or employment.
    (k) A retired peace officer of the state or political subdivision
    thereof when the retired peace officer is employed by a private
    employer in employment approved by the chief law enforcement officer
    of the jurisdiction where the employment takes place, provided that
    the retired officer is in a uniform of a public law enforcement
    agency, has registered with the bureau on a form approved by the
    director, and has met any training requirements or their equivalent
    as established for security personnel under Section 7583.5. This
    officer may not carry an unloaded and exposed handgun unless ex
    empted by Section 12037 of the Penal Code, or a
    loaded or concealed firearm unless he or she is exempted under the
    provisions of subdivision (a) of Section 12027 of the Penal Code or
    paragraph (1) of subdivision (b) of Section 12031 of the Penal Code
    or has met the requirements set forth in Section 12033 of the Penal
    Code. However, nothing herein shall exempt the retired peace officer
    who contracts for his or her services or the services of others as a
    private patrol operator.
    (l) A licensed insurance adjuster in performing his or her duties
    within the scope of his or her license as an insurance adjuster.
    (m) Any savings association subject to the jurisdiction of the
    Commissioner of Financial Institutions or the Office of Thrift
    Supervision.
    (n) Any secured creditor engaged in the repossession of the
    creditor's collateral and any lessor engaged in the repossession of
    leased property in which it claims an interest.
    (o) A peace officer in his or her official police uniform acting
    in accordance with subdivisions (c) and (d) of Section 70 of the
    Penal Code.
    (p) An unarmed, uniformed security person employed exclusively and
    regularly by a motion picture studio facility employer who does not
    provide contract security services for other entities or persons in
    connection with the affairs of that employer only and where there
    exists an employer-employee relationship if that person at no time
    carries or uses any deadly weapon, as defined in subdivision (a), in
    the performance of his or her duties, which may include, but are not
    limited to, the following business purposes:
    (1) The screening and monitoring access of employees of the same
    employer.
    (2) The screening and monitoring access of prearranged and
    preauthorized invited guests.
    (3) The screening and monitoring of vendors and suppliers.
    (4) Patrolling the private property facilities for the safety and
    welfare of all who have been legitimately authorized to have access
    to the facility.
    (q) An armored contract carrier operating armored vehicles
    pursuant to the authority of the Department of the California Highway
    Patrol or the Public Utilities Commission, or an armored vehicle
    guard employed by an armored contract carrier.
    SEC. 2. Section 7582.2 of the Business
    and Professions Code
    is amended to read:
    7582.2. This chapter does not apply to the following:
    (a) A person who does not meet the requirements to be a
    proprietary private security officer, as defined in Section 7574.1,
    and is employed exclusively and regularly by any employer who does
    not provide contract security services for other entities or persons,
    in connection with the affairs of the employer only and where there
    exists an employer-employee relationship if that person at no time
    carries or uses any deadly weapon in the performance of his or her
    duties. For purposes of this subdivision, "deadly weapon" is defined
    to include any instrument or weapon of the kind commonly known as a
    blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, any
    dirk, dagger, pistol, revolver, or any other firearm, any knife
    having a blade longer than five inches, any razor with an unguarded
    blade and any metal pipe or bar used or intended to be used as a
    club.
    (b) An officer or employee of the United States of America, or of
    this state or a political subdivision thereof, while the officer or
    employee is engaged in the performance of his or her official duties,
    including uniformed peace officers employed part time by a public
    agency pursuant to a written agreement between a chief of police or
    sheriff and the public agency, provided the part-time employment does
    not exceed 50 hours in any calendar month.
    (c) A person engaged exclusively in the business of obtaining and
    furnishing information as to the financial rating of persons.
    (d) A charitable philanthropic society or association duly
    incorporated under the laws of this state that is organized and
    maintained for the public good and not for private profit.
    (e) Patrol special police officers appointed by the police
    commission of any city, county, or city and county under the express
    terms of its charter who also under the express terms of the charter
    (1) are subject to suspension or dismissal after a hearing on charges
    duly filed with the commission after a fair and impartial trial, (2)
    must be not less than 18 years of age nor more than 40 years of age,
    (3) must possess physical qualifications prescribed by the
    commission, and (4) are designated by the police commission as the
    owners of a certain beat or territory as may be fixed from time to
    time by the police commission.
    (f) An attorney at law in performing his or her duties as an
    attorney at law.
    (g) A collection agency or an employee thereof while acting within
    the scope of his or her employment, while making an investigation
    incidental to the business of the agency, including an investigation
    of the location of a debtor or his or her property where the contract
    with an assignor creditor is for the collection of claims owed or
    due or asserted to be owed or due or the equivalent thereof.
    (h) Admitted insurers and agents and insurance brokers licensed by
    the state, performing duties in connection with insurance transacted
    by them.
    (i) Any bank subject to the jurisdiction of the Commissioner of
    Financial Institutions of the State of California under Division 1
    (commencing with Section 99) of the Financial Code or the Comptroller
    of Currency of the United States.
    (j) A person engaged solely in the business of securing
    information about persons or property from public records.
    (k) A peace officer of this state or a political subdivision
    thereof while the peace officer is employed by a private employer to
    engage in off-duty employment in accordance with Section 1126 of the
    Government Code. However, nothing herein shall exempt such peace
    officer who either contracts for his or her services or the services
    of others as a private patrol operator or contracts for his or her
    services as or is employed as an armed private security officer. For
    purposes of this subdivision, "armed security officer" means an
    individual who carries or uses a firearm in the course and scope of
    that contract or employment.
    (l) A retired peace officer of the state or political subdivision
    thereof when the retired peace officer is employed by a private
    employer in employment approved by the chief law enforcement officer
    of the jurisdiction where the employment takes place, provided that
    the retired officer is in a uniform of a public law enforcement
    agency, has registered with the bureau on a form approved by the
    director, and has met any training requirements or their equivalent
    as established for security personnel under Section 7583.5. This
    officer may not carry an unloaded and exposed handgun unless
    exempted by Section 12037 of
    the Penal Code, or a
    loaded or concealed firearm unless he or she is exempted under the
    provisions of subdivision (a) of Section 12027 of the Penal Code or
    paragraph (1) of subdivision (b) of Section 12031 of the Penal Code
    or has met the requirements set forth in Section 12033 of the Penal
    Code. However, nothing herein shall exempt the retired peace officer
    who contracts for his or her services or the services of others as a
    private patrol operator.
    (m) A licensed insurance adjuster in performing his or her duties
    within the scope of his or her license as an insurance adjuster.
    (n) Any savings association subject to the jurisdiction of the
    Commissioner of Financial Institutions or the Office of Thrift
    Supervision.
    (o) Any secured creditor engaged in the repossession of the
    creditor's collateral and any lessor engaged in the repossession of
    leased property in which it claims an interest.
    (p) A peace officer in his or her official police uniform acting
    in accordance with subdivisions (c) and (d) of Section 70 of the
    Penal Code.
    (q) An unarmed, uniformed security person employed exclusively and
    regularly by a motion picture studio facility employer who does not
    provide contract security services for other entities or persons in
    connection with the affairs of that employer only and where there
    exists an employer-employee relationship if that person at no time
    carries or uses any deadly weapon, as defined in subdivision (a), in
    the performance of his or her duties, which may include, but are not
    limited to, the following business purposes:
    (1) The screening and monitoring access of employees of the same
    employer.
    (2) The screening and monitoring access of prearranged and
    preauthorized invited guests.
    (3) The screening and monitoring of vendors and suppliers.
    (4) Patrolling the private property facilities for the safety and
    welfare of all who have been legitimately authorized to have access
    to the facility.
    (r) The changes made to this section by the act adding this
    subdivision during the 2005-06 Regular Session of the Legislature
    shall apply as follows:
    (1) On and after July 1, 2006, to a person hired as a security
    officer on and after January 1, 2006.
    (2) On and after January 1, 2007, to a person hired as a security
    officer before January 1, 2006.
    SEC. 3. Section 626.9 of the Penal Code
    is amended to read:
    626.9. (a) This section shall be known, and may be cited, as the
    Gun-Free School Zone Act of 1995.
    (b) Any person who possesses a firearm in a place that the person
    knows, or reasonably should know, is a school zone, as defined in
    paragraph (1) of subdivision (e), unless it is with the written
    permission of the school district superintendent, his or her
    designee, or equivalent school authority, shall be punished as
    specified in subdivision (f).
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property, if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.
    (2) When the firearm is an unloaded pistol, revolver, or
    other firearm capable of being concealed on the person
    handgun
    and is in a locked container or within the locked
    trunk of a motor vehicle.
    This section does not prohibit or limit the otherwise lawful
    transportation of any other firearm, other than a pistol,
    revolver, or other firearm capable of being concealed on the person
    handgun , in accordance with state law.
    (3) When 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 subdivision may not apply when
    the circumstances involve a mutual restraining order issued pursuant
    to Division 10 (commencing with Section 6200) of the Family Code
    absent a factual finding of a specific threat to the person's life or
    safety. Upon a trial for violating subdivision (b), the trier of a
    fact shall determine whether the defendant was acting out of a
    reasonable belief that he or she was in grave danger.
    (4) When the person is exempt from the prohibition against
    carrying a concealed firearm pursuant to subdivision (b), (d), (e),
    or (h) of Section 12027.
    (d) Except as provided in subdivision (b), it shall be unlawful
    for any person, with reckless disregard for the safety of another, to
    discharge, or attempt to discharge, a firearm in a school zone, as
    defined in paragraph (1) of subdivision (e).
    The prohibition contained in this subdivision does not apply to
    the discharge of a firearm to the extent that the conditions of
    paragraph (1) of subdivision (c) are satisfied.
    (e) As used in this section, the following definitions shall
    apply:
    (1) "School zone" means an area in, or on the grounds of, a public
    or private school providing instruction in kindergarten or grades 1
    to 12, inclusive, or within a distance of 1,000 feet from the grounds
    of the public or private school.
    (2) "Firearm" has the same meaning as that term is given in
    Section 12001.
    (3) "Locked container" has the same meaning as that term is given
    in subdivision (c) of Section 12026.1.
    (4) "Concealed firearm" has the same meaning as that term is given
    in Sections 12025 and 12026.1.
    (f) (1) Any person who violates subdivision (b) by possessing a
    firearm in, or on the grounds of, a public or private school
    providing instruction in kindergarten or grades 1 to 12, inclusive,
    shall be punished by imprisonment in the state prison for two, three,
    or five years.
    (2) Any person who violates subdivision (b) by possessing a
    firearm within a distance of 1,000 feet from the grounds of a public
    or private school providing instruction in kindergarten or grades 1
    to 12, inclusive, shall be punished as follows:
    (A) By imprisonment in the state prison for two, three, or five
    years, if any of the following circumstances apply:
    (i) If the person previously has been convicted of any felony, or
    of any crime made punishable by Chapter 1 (commencing with Section
    12000) of Title 2 of Part 4.
    (ii) If the person is within a class of persons prohibited from
    possessing or acquiring a firearm pursuant to Section 12021 or
    12021.1 of this code or Section 8100 or 8103 of the Welfare and
    Institutions Code.
    (iii) If the firearm is any pistol, revolver, or other
    firearm capable of being concealed upon the person
    handgun
    and the offense is punished as a felony pursuant to
    Section 12025.
    (B) By imprisonment in a county jail for not more than one year or
    by imprisonment in the state prison for two, three, or five years,
    in all cases other than those specified in subparagraph (A).
    (3) Any person who violates subdivision (d) shall be punished by
    imprisonment in the state prison for three, five, or seven years.
    (g) (1) Every person convicted under this section for a
    misdemeanor violation of subdivision (b) who has been convicted
    previously of a misdemeanor offense enumerated in Section 12001.6
    shall be punished by imprisonment in a county jail for not less than
    three months, or if probation is granted or if the execution or
    imposition of sentence is suspended, it shall be a condition thereof
    that he or she be imprisoned in a county jail for not less than three
    months.
    (2) Every person convicted under this section of a felony
    violation of subdivision (b) or (d) who has been convicted previously
    of a misdemeanor offense enumerated in Section 12001.6, if probation
    is granted or if the execution of sentence is suspended, it shall be
    a condition thereof that he or she be imprisoned in a county jail
    for not less than three months.
    (3) Every person convicted under this section for a felony
    violation of subdivision (b) or (d) who has been convicted previously
    of any felony, or of any crime made punishable by Chapter 1
    (commencing with Section 12000) of Title 2 of Part 4, if probation is
    granted or if the execution or imposition of sentence is suspended,
    it shall be a condition thereof that he or she be imprisoned in a
    county jail for not less than three months.
    (4) The court shall apply the three-month minimum sentence
    specified in this subdivision, except in unusual cases where the
    interests of justice would best be served by granting probation or
    suspending the execution or imposition of sentence without the
    minimum imprisonment required in this subdivision or by granting
    probation or suspending the execution or imposition of sentence with
    conditions other than those set forth in this subdivision, in which
    case the court shall specify on the record and shall enter on the
    minutes the circumstances indicating that the interests of justice
    would best be served by this disposition.
    (h) Notwithstanding Section 12026, any person who brings or
    possesses a loaded firearm upon the grounds of a campus of, or
    buildings owned or operated for student housing, teaching, research,
    or administration by, a public or private university or college, that
    are contiguous or are clearly marked university property, unless it
    is with the written permission of the university or college
    president, his or her designee, or equivalent university or college
    authority, shall be punished by imprisonment in the state prison for
    two, three, or four years. Notwithstanding subdivision (k), a
    university or college shall post a prominent notice at primary
    entrances on noncontiguous property stating that firearms are
    prohibited on that property pursuant to this subdivision.
    (i) Notwithstanding Section 12026, any person who brings or
    possesses a firearm upon the grounds of a campus of, or buildings
    owned or operated for student housing, teaching, research, or
    administration by, a public or private university or college, that
    are contiguous or are clearly marked university property, unless it
    is with the written permission of the university or college
    president, his or her designee, or equivalent university or college
    authority, shall be punished by imprisonment in the state prison for
    one, two, or three years. Notwithstanding subdivision (k), a
    university or college shall post a prominent notice at primary
    entrances on noncontiguous property stating that firearms are
    prohibited on that property pursuant to this subdivision.
    (j) For purposes of this section, a firearm shall be deemed to be
    loaded when there is an unexpended cartridge or shell, consisting of
    a case that holds a charge of powder and a bullet or shot, in, or
    attached in any manner to, the firearm, including, but not limited
    to, in the firing chamber, magazine, or clip thereof attached to the
    firearm. A muzzle-loader firearm shall be deemed to be loaded when it
    is capped or primed and has a powder charge and ball or shot in the
    barrel or cylinder.
    (k) This section does not require that notice be posted regarding
    the proscribed conduct.
    (l) This section does not apply to a duly appointed peace officer
    as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, a full-time paid peace officer of another state or the
    federal government who is carrying out official duties while in
    California, any person summoned by any of these officers to assist in
    making arrests or preserving the peace while he or she is actually
    engaged in assisting the officer, a member of the military forces of
    this state or of the United States who is engaged in the performance
    of his or her duties, a person holding a valid license to carry the
    firearm pursuant to Article 3 (commencing with Section 12050) of
    Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged
    in the performance of his or her duties, as defined in subdivision
    (e) of Section 7521 (d) of Section 7582.1
    of the Business and Professions Code.
    (m) This section does not apply to a security guard authorized to
    carry a loaded firearm pursuant to Section 12031 or to openly
    carry an unloaded handgun pursuant to Section 12037
    .
    (n) This section does not apply to an existing shooting range at a
    public or private school or university or college campus.
    (o) This section does not apply to an honorably retired peace
    officer authorized to carry a concealed or loaded firearm pursuant to
    subdivision (a) or (i) of Section 12027 or paragraph (1) or (8) of
    subdivision (b) of Section 12031 or to openly carry an unloaded
    handgun pursuant to Section 12037
    .
    SEC. 4. Section 12001 of the Penal Code
    is amended to read:
    12001. (a) (1) As used in this title, the terms "pistol,"
    "revolver," and "firearm capable of being concealed upon the person"
    shall apply to and include any device designed to be used as a
    weapon, from which is expelled a projectile by the force of any
    explosion, or other form of combustion, and that has a barrel less
    than 16 inches in length. These terms also include any device that
    has a barrel 16 inches or more in length which is designed to be
    interchanged with a barrel less than 16 inches in length.
    (2) As used in this title, the term "handgun" means any "pistol,"
    "revolver," or "firearm capable of being concealed upon the person."
    (b) As used in this title, "firearm" means any device, designed to
    be used as a weapon, from which is expelled through a barrel, a
    projectile by the force of any explosion or other form of combustion.

    (c) As used in Sections 12021, 12021.1, 12070, 12071, 12072,
    12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
    and 8103 of the Welfare and Institutions Code, the term "firearm"
    includes the frame or receiver of the weapon.
    (d) For the purposes of Sections 12025 and 12031, the term
    "firearm" also shall include any rocket, rocket propelled projectile
    launcher, or similar device containing any explosive or incendiary
    material whether or not the device is designed for emergency or
    distress signaling purposes.
    (e) For purposes of Sections 12037, 12070, 12071, and
    paragraph (8) of subdivision (a), and subdivisions (b), (c), (d), and
    (f) of Section 12072, the term "firearm" does not include an
    unloaded firearm that is defined as an "antique firearm" in Section
    921(a)(16) of Title 18 of the United States Code.
    (f) Nothing shall prevent a device defined as a "handgun,"
    "pistol," "revolver," or "firearm capable of being concealed upon the
    person" from also being found to be a short-barreled shotgun or a
    short-barreled rifle, as defined in Section 12020.
    (g) For purposes of Sections 12551 and 12552, the term "BB device"
    means any instrument that expels a projectile, such as a BB or a
    pellet, not exceeding 6mm caliber, through the force of air pressure,
    gas pressure, or spring action, or any spot marker gun.
    (h) As used in this title, "wholesaler" means any person who is
    licensed as a dealer pursuant to Chapter 44 (commencing with Section
    921) of Title 18 of the United States Code and the regulations issued
    pursuant thereto who sells, transfers, or assigns firearms, or parts
    of firearms, to persons who are licensed as manufacturers,
    importers, or gunsmiths pursuant to Chapter 44 (commencing with
    Section 921) of Title 18 of the United States Code, or persons
    licensed pursuant to Section 12071, and includes persons who receive
    finished parts of firearms and assemble them into completed or
    partially completed firearms in furtherance of that purpose.
    "Wholesaler" shall not include a manufacturer, importer, or
    gunsmith who is licensed to engage in those activities pursuant to
    Chapter 44 (commencing with Section 921) of Title 18 of the United
    States Code or a person licensed pursuant to Section 12071 and the
    regulations issued pursuant thereto. A wholesaler also does not
    include those persons dealing exclusively in grips, stocks, and other
    parts of firearms that are not frames or receivers thereof.
    (i) As used in Section 12071 or 12072, "application to purchase"
    means any of the following:
    (1) The initial completion of the register by the purchaser,
    transferee, or person being loaned the firearm as required by
    subdivision (b) of Section 12076.
    (2) The initial completion and transmission to the department of
    the record of electronic or telephonic transfer by the dealer on the
    purchaser, transferee, or person being loaned the firearm as required
    by subdivision (c) of Section 12076.
    (j) For purposes of Section 12023, a firearm shall be deemed to be
    "loaded" whenever both the firearm and the unexpended ammunition
    capable of being discharged from the firearm are in the immediate
    possession of the same person.
    (k) For purposes of Sections 12021, 12021.1, 12025, 12070, 12072,
    12073, 12078, 12101, and 12801 of this code, and Sections 8100, 8101,
    and 8103 of the Welfare and Institutions Code, notwithstanding the
    fact that the term "any firearm" may be used in those sections, each
    firearm or the frame or receiver of the same shall constitute a
    distinct and separate offense under those sections.
    (l) For purposes of Section 12020, a violation of that section as
    to each firearm, weapon, or device enumerated therein shall
    constitute a distinct and separate offense.
    (m) Each application that requires any firearms eligibility
    determination involving the issuance of any license, permit, or
    certificate pursuant to this title shall include two copies of the
    applicant's fingerprints on forms prescribed by the Department of
    Justice. One copy of the fingerprints may be submitted to the United
    States Federal Bureau of Investigation.
    (n) As used in this chapter, a "personal handgun importer" means
    an individual who meets all of the following criteria:
    (1) He or she is not a person licensed pursuant to Section 12071.
    (2) He or she is not a licensed manufacturer of firearms pursuant
    to Chapter 44 (commencing with Section 921) of Title 18 of the United
    States Code.
    (3) He or she is not a licensed importer of firearms pursuant to
    Chapter 44 (commencing with Section 921) of Title 18 of the United
    States Code and the regulations issued pursuant thereto.
    (4) He or she is the owner of a handgun.
    (5) He or she acquired that handgun outside of California.
    (6) He or she moves into this state on or after January 1, 1998,
    as a resident of this state.
    (7) He or she intends to possess that handgun within this state on
    or after January 1, 1998.
    (8) The handgun was not delivered to him or her by a person
    licensed pursuant to Section 12071 who delivered that
    firearm handgun following the procedures set
    forth in Section 12071 and subdivision (c) of Section 12072.
    (9) He or she, while a resident of this state, had not previously
    reported his or her ownership of that handgun to the Department of
    Justice in a manner prescribed by the department that included
    information concerning him or her and a description of the firearm.
    (10) The handgun is not a firearm that is prohibited by
    subdivision (a) of Section 12020.
    (11) The handgun is not an assault weapon, as defined in Section
    12276 or 12276.1.
    (12) The handgun is not a machinegun, as defined in Section 12200.

    (13) The person is 18 years of age or older.
    (o) For purposes of paragraph (6) of subdivision (n):
    (1) Except as provided in paragraph (2), residency shall be
    determined in the same manner as is the case for establishing
    residency pursuant to Section 12505 of the Vehicle Code.
    (2) In the case of members of the Armed Forces of the United
    States, residency shall be deemed to be established when he or she
    was discharged from active service in this state.
    (p) As used in this code, "basic firearms safety certificate"
    means a certificate issued by the Department of Justice pursuant to
    Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of
    Part 4, prior to January 1, 2003.
    (q) As used in this code, "handgun safety certificate" means a
    certificate issued by the Department of Justice pursuant to Article 8
    (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4,
    as that article is operative on or after January 1, 2003.
    (r) As used in this title, "gunsmith" means any person who is
    licensed as a dealer pursuant to Chapter 44 (commencing with Section
    921) of Title 18 of the United States Code and the regulations issued
    pursuant thereto, who is engaged primarily in the business of
    repairing firearms, or making or fitting special barrels, stocks, or
    trigger mechanisms to firearms, or the agent or employee of that
    person.
    (s) As used in this title, "consultant-evaluator" means a
    consultant or evaluator who, in the course of his or her profession
    is loaned firearms from a person licensed pursuant to Chapter 44
    (commencing with Section 921) of Title 18 of the United States Code
    and the regulations issued pursuant thereto, for his or her research
    or evaluation, and has a current certificate of eligibility issued to
    him or her pursuant to Section 12071.
    SEC. 5. Section 12025 of the Penal Code
    is amended to read:
    12025. (a) A person is guilty of carrying a concealed firearm
    when he or she does any of the following:
    (1) 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 handgun
    .
    (2) Carries concealed upon his or her person any pistol,
    revolver, or other firearm capable of being concealed upon the person
    handgun .
    (3) 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 handgun
    .
    (b) Carrying a concealed firearm in violation of this section is
    punishable, as follows:
    (1) Where the person previously has been convicted of any felony,
    or of any crime made punishable by this chapter, as a felony.
    (2) Where the firearm is stolen and the person knew or had
    reasonable cause to believe that it was stolen, as a felony.
    (3) Where the person is an active participant in a criminal street
    gang, as defined in subdivision (a) of Section 186.22, under the
    Street Terrorism Enforcement and Prevention Act (Chapter 11
    (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
    (4) Where the person is not in lawful possession of the firearm,
    as defined in this section, or the person is within a class of
    persons prohibited from possessing or acquiring a firearm pursuant to
    Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
    Welfare and Institutions Code, as a felony.
    (5) Where the person has been convicted of a crime against a
    person or property, or of a narcotics or dangerous drug violation, by
    imprisonment in the state prison, or by imprisonment in a county
    jail not to exceed one year, by a fine not to exceed one thousand
    dollars ($1,000), or by both that imprisonment and fine.
    (6) By imprisonment in the state prison, or by imprisonment in a
    county jail not to exceed one year, by a fine not to exceed one
    thousand dollars ($1,000), or by both that fine and imprisonment if
    both of the following conditions are met:
    (A) Both the pistol, revolver, or other firearm capable
    of being concealed upon the person handgun and
    the unexpended ammunition capable of being discharged from that
    firearm are either in the immediate possession of the person or
    readily accessible to that person, or the pistol, revolver,
    or other firearm capable of being concealed upon the person
    handgun is loaded as defined in subdivision (g) of
    Section 12031.
    (B) The person is not listed with the Department of Justice
    pursuant to paragraph (1) of subdivision (c) of Section 11106, as the
    registered owner of that pistol, revolver, or other firearm
    capable of being concealed upon the person handgun
    .
    (7) In all cases other than those specified in paragraphs (1) to
    (6), inclusive, by imprisonment in a county jail not to exceed one
    year, by a fine not to exceed one thousand dollars ($1,000), or by
    both that imprisonment and fine.
    (c) A peace officer may arrest a person for a violation of
    paragraph (6) of subdivision (b) if the peace officer has probable
    cause to believe that the person is not listed with the Department of
    Justice pursuant to paragraph (1) of subdivision (c) of Section
    11106 as the registered owner of the pistol, revolver, or
    other firearm capable of being concealed upon the person
    handgun , and one or more of the conditions in
    subparagraph (A) of paragraph (6) of subdivision (b) is met.
    (d) (1) Every person convicted under this section who previously
    has been convicted of a misdemeanor offense enumerated in Section
    12001.6 shall be punished by imprisonment in a county jail for at
    least three months and not exceeding six months, or, if granted
    probation, or if the execution or imposition of sentence is
    suspended, it shall be a condition thereof that he or she be
    imprisoned in a county jail for at least three months.
    (2) Every person convicted under this section who has previously
    been convicted of any felony, or of any crime made punishable by this
    chapter, if probation is granted, or if the execution or imposition
    of sentence is suspended, it shall be a condition thereof that he or
    she be imprisoned in a county jail for not less than three months.
    (e) The court shall apply the three-month minimum sentence as
    specified in subdivision (d), except in unusual cases where the
    interests of justice would best be served by granting probation or
    suspending the imposition or execution of sentence without the
    minimum imprisonment required in subdivision (d) or by granting
    probation or suspending the imposition or execution of sentence with
    conditions other than those set forth in subdivision (d), in which
    case, the court shall specify on the record and shall enter on the
    minutes the circumstances indicating that the interests of justice
    would best be served by that disposition.
    (f) Firearms carried openly in belt holsters are not concealed
    within the meaning of this section.
    (g)
    (f) For purposes of this section, "lawful possession of
    the firearm" means that the person who has possession or custody of
    the firearm either lawfully owns the firearm or has the permission of
    the lawful owner or a person who otherwise has apparent authority to
    possess or have custody of the firearm. A person who takes a firearm
    without the permission of the lawful owner or without the permission
    of a person who has lawful custody of the firearm does not have
    lawful possession of the firearm.
    (h) (1) The district attorney of each county shall submit annually
    a report on or before June 30, to the Attorney General consisting of
    profiles by race, age, gender, and ethnicity of any person charged
    with a felony or a misdemeanor under this section and any other
    offense charged in the same complaint, indictment, or information.

    (2) The Attorney General shall submit annually, a report on or
    before December 31, to the Legislature compiling all of the reports
    submitted pursuant to paragraph (1).
    (3) This subdivision shall remain operative until January 1, 2005,
    and as of that date shall be repealed.
    SEC. 6. Section 12026 of the Penal Code
    is amended to read:
    12026. (a) Section Sections 12025
    and 12037 shall not apply to or affect any citizen of the
    United States or legal resident over the age of 18 years who resides
    or is temporarily within this state, and who is not within the
    excepted classes prescribed by Section 12021 or 12021.1 of this code
    or Section 8100 or 8103 of the Welfare and Institutions Code, who
    carries, either openly or concealed, anywhere within the citizen's or
    legal resident's place of residence, place of business, or on
    private property owned or lawfully possessed by the citizen or legal
    resident any pistol, revolver, or other firearm capable of
    being concealed upon the person handgun .
    (b) No permit or license to purchase, own, possess, keep, or
    carry, either openly or concealed, shall be required of any citizen
    of the United States or legal resident over the age of 18 years who
    resides or is temporarily within this state, and who is not within
    the excepted classes prescribed by Section 12021 or 12021.1 of this
    code or Section 8100 or 8103 of the Welfare and Institutions Code, to
    purchase, own, possess, keep, or carry, either openly or concealed,
    a pistol, revolver, or other firearm capable of being
    concealed upon the person handgun within the
    citizen's or legal resident's place of residence, place of business,
    or on private property owned or lawfully possessed by the citizen or
    legal resident.
    (c) Nothing in this section shall be construed as affecting the
    application of Section 12031.
    SEC. 7. Section 12026.2 of the Penal
    Code
    is amended to read:
    12026.2. (a) Section 12025 does not apply to, or affect, any of
    the following:
    (1) The possession of a firearm by an authorized participant in a
    motion picture, television, or video production or entertainment
    event when the participant lawfully uses the firearm as part of that
    production or event or while going directly to, or coming directly
    from, that production or event.
    (2) The possession of a firearm in a locked container by a member
    of any club or organization, organized for the purpose of lawfully
    collecting and lawfully displaying pistols, revolvers, or other
    firearms, while the member is at meetings of the clubs or
    organizations or while going directly to, and coming directly from,
    those meetings.
    (3) The transportation of a firearm by a participant when going
    directly to, or coming directly from, a recognized safety or hunter
    safety class, or a recognized sporting event involving that firearm.
    (4) The transportation of a firearm by a person listed in Section
    12026 directly between any of the places mentioned in Section 12026.
    (5) The transportation of a firearm by a person when going
    directly to, or coming directly from, a fixed place of business or
    private residential property for the purpose of the lawful repair or
    the lawful transfer, sale, or loan of that firearm.
    (6) The transportation of a firearm by a person listed in Section
    12026 when going directly from the place where that person lawfully
    received that firearm to that person's place of residence or place of
    business or to private property owned or lawfully possessed by that
    person.
    (7) The transportation of a firearm by a person when going
    directly to, or coming directly from, a gun show, swap meet, or
    similar event to which the public is invited, for the purpose of
    displaying that firearm in a lawful manner.
    (8) The transportation of a firearm by an authorized employee or
    agent of a supplier of firearms when going directly to, or coming
    directly from, a motion picture, television, or video production or
    entertainment event for the purpose of providing that firearm to an
    authorized participant to lawfully use as a part of that production
    or event.
    (9) The transportation of a firearm by a person when going
    directly to, or coming directly from, a target range, which holds a
    regulatory or business license, for the purposes of practicing
    shooting at targets with that firearm at that target range.
    (10) The transportation of a firearm by a person when going
    directly to, or coming directly from, a place designated by a person
    authorized to issue licenses pursuant to Section 12050 when done at
    the request of the issuing agency so that the issuing agency can
    determine whether or not a license should be issued to that person to
    carry that firearm.
    (11) The transportation of a firearm by a person when going
    directly to, or coming directly from, a lawful camping activity for
    the purpose of having that firearm available for lawful personal
    protection while at the lawful campsite. This paragraph shall not be
    construed to override the statutory authority granted to the
    Department of Parks and Recreation or any other state or local
    governmental agencies to promulgate rules and regulations governing
    the administration of parks and campgrounds.
    (12) The transportation of a firearm by a person in order to
    comply with subdivision (c) or (i) of Section 12078 as it pertains to
    that firearm.
    (13) The transportation of a firearm by a person in order to
    utilize subdivision ( l ) of Section 12078 as it pertains
    to that firearm.
    (14) The transportation of a firearm by a person when going
    directly to, or coming directly from, a gun show or event, as defined
    in Section 478.100 of Title 27 of the Code of Federal Regulations,
    for the purpose of lawfully transferring, selling, or loaning that
    firearm in accordance with subdivision (d) of Section 12072.
    (15) The transportation of a firearm by a person in order to
    utilize paragraph (6) of subdivision (a) of Section 12078 as it
    pertains to that firearm.
    (16) The transportation of a firearm by a person who finds the
    firearm in order to comply with Article 1 (commencing with Section
    2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to
    that firearm and if that firearm is being transported to a law
    enforcement agency, the person gives prior notice to the law
    enforcement agency that he or she is transporting the firearm to the
    law enforcement agency.
    (17) The transportation of a firearm by a person in order to
    comply with paragraph (2) or (3) of subdivision (f) of
    Section 12072 as it pertains to that firearm.
    (18) The transportation of a firearm by a person who finds the
    firearm and is transporting it to a law enforcement agency for
    disposition according to law, if he or she gives prior notice to the
    law enforcement agency that he or she is transporting the firearm to
    the law enforcement agency for disposition according to law.

    (19) The transportation of a firearm by a person in order to
    comply with paragraph (3) of subdivision (f) of Section 12072 as it
    pertains to that firearm.
    (20)
    (19) The transportation of a firearm by a person for
    the purpose of obtaining an identification number or mark assigned
    for that firearm from the Department of Justice pursuant to Section
    12092.
    (20) The transportation by a member of an organization of a
    firearm directly to, or directly from, official parade duty or
    ceremonial occasions of that organization, if the organization is
    chartered by the Congress of the United States, or is a nonprofit
    mutual or public benefit corporation organized and recognized as a
    nonprofit tax-exempt organization by the Internal Revenue Service.

    (b) In order for a firearm to be exempted under subdivision (a),
    while being transported to or from a place, the firearm shall be
    unloaded, kept in a locked container, as defined in subdivision (d),
    and the course of travel shall include only those deviations between
    authorized locations as are reasonably necessary under the
    circumstances.
    (c) This section does not prohibit or limit the otherwise lawful
    carrying or transportation of any pistol, revolver, or other
    firearm capable of being concealed upon the person
    handgun
    in accordance with this chapter.
    (d) As used in this section, "locked container" means a secure
    container which is fully enclosed and locked by a padlock, keylock,
    combination lock, or similar locking device. The term "locked
    container" does not include the utility or glove compartment of a
    motor vehicle.
    SEC. 8. Section 12037 is added to the
    Penal Code
    , to read:
    12037. (a) A person is guilty of openly carrying an unloaded
    handgun when that person carries an exposed and unloaded handgun
    outside a vehicle on his or her person while in 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.
    (b) A violation of this section is punishable by imprisonment in a
    county jail not to exceed six months, by a fine not to exceed one
    thousand dollars ($1,000), or by both that fine and imprisonment,
    provided, however, that a violation of this section is punishable by
    imprisonment in a county jail not to exceed one year, by a fine not
    to exceed one thousand dollars ($1,000), or both that imprisonment
    and fine, if any of the following circumstances is pled and proved to
    the trier of fact:
    (1) The firearm is stolen and the person knew or had reasonable
    cause to believe that it was stolen.
    (2) The person is an active participant in a criminal street gang,
    as defined in subdivision (a) of Section 186.22, under the Street
    Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with
    Section 186.20) of Title 7 of Part 1).
    (3) The person is not in lawful possession of the firearm.
    (4) The person has been convicted of a crime against a person or
    property, or of a narcotics or dangerous drug violation.
    (5) Both the handgun and the unexpended ammunition capable of
    being discharged from that firearm are either in the immediate
    possession of the person or readily accessible to that person, and
    the person is not listed with the Department of Justice pursuant to
    Section 11106 as the registered owner of that handgun.
    (c) (1) Every person convicted under this section who has
    previously been convicted of an offense enumerated in Section
    12001.6, or of any crime made punishable under this chapter, shall
    serve a term of at least three months in a county jail, or, if a
    person is granted probation or if the execution or imposition of
    sentence is suspended, it shall be a condition thereof that the
    person be imprisoned for a period of at least three months.
    (2) The court shall apply the three-month minimum sentence set
    forth in paragraph (1) except in unusual cases where the interests of
    justice would best be served by granting probation or suspending the
    imposition or execution of sentence without the minimum imprisonment
    required in this subdivision or by granting probation or suspending
    the imposition or execution of sentence with conditions other than
    those set forth in this subdivision, in which case the court shall
    specify on the record and shall enter on the minutes the
    circumstances indicating that the interests of justice would best be
    served by that disposition.
    (d) (1) Nothing in this section shall preclude prosecution under
    Sections 12021 and 12021.1 of this code, Section 8100 or 8103 of the
    Welfare and Institutions Code, or any other law with a penalty
    greater than is set forth in this section.
    (2) The provisions of this section 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.
    (e) Notwithstanding paragraphs (2) and (3) of subdivision (a) of
    Section 836, a peace officer may make an arrest without a warrant
    whenever the officer has reasonable cause to believe that the person
    to be arrested has violated this section, whether or not this section
    has been violated.
    (f) A violation of this section which is punishable by
    imprisonment in a county jail not exceeding one year shall not
    constitute a conviction of a crime punishable by imprisonment for a
    term exceeding one year for the purposes of determining federal
    firearms eligibility under Section 922(g)(1) of Title 18 of the
    United States Code.
    (g) Subdivision (a) does not apply to, or affect, any of the
    following:
    (1) The open carrying of an unloaded handgun by any peace officer
    or any honorably retired peace officer if he or she may carry a
    concealed firearm pursuant to Section 12027 or a loaded firearm
    pursuant to Section 12031.
    (2) The open carrying of an unloaded handgun by any person to the
    extent that person may carry a loaded firearm pursuant to Section
    12031.
    (3) The open carrying of an unloaded handgun as merchandise by a
    person who is engaged in the business of manufacturing, importing,
    wholesaling, 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.
    (4) The open carrying of an unloaded handgun by duly authorized
    military or civil organizations while parading, or the members
    thereof when at the meeting places of their respective organizations.

    (5) The open carrying of an unloaded handgun 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.
    (6) The open carrying of an unloaded handgun by a licensed hunter
    while engaged in lawful hunting.
    (7) The open carrying of an unloaded handgun 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.
    (8) The open carrying of an unloaded handgun 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.
    (9) The open
    carrying of an unloaded handgun within a gun show conducted pursuant
    to Sections 12071.1 and 12071.4.
    (10) The open carrying of an unloaded handgun within a school
    zone, as defined in Section 626.9, with the written permission of the
    school district superintendent, his or her designee, or equivalent
    school authority.
    (11) The open carrying of an unloaded handgun when in accordance
    with the provisions of Section 171b or 171c.
    (12) The open carrying of an unloaded handgun by any person while
    engaged in the act of making or attempting to make a lawful arrest.
    (13) The open carrying of an unloaded handgun incident to loaning,
    selling, or transferring the same in accordance with Section 12072
    or any of the exemptions from subdivision (d) of Section 12072 so
    long as that handgun is possessed within private property and the
    possession and carrying is with the permission of the owner or lessee
    of that private property.
    (14) The open carrying of an unloaded handgun 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.
    (15) The open carrying of an unloaded handgun 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 or event.
    (16) The open carrying of an unloaded handgun incident to
    obtaining an identification number or mark assigned for that handgun
    from the Department of Justice pursuant to Section 12092.
    (17) The open carrying of an unloaded handgun at established
    target ranges, whether public or private, while the person is using
    the handgun upon the target ranges.
    (18) The open carrying of an unloaded handgun 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.
    (19) The open carrying of an unloaded handgun incident to:
    (A) Complying with paragraph (2) or (3) of subdivision (f) of
    Section 12072 as it pertains to that handgun.
    (B) Subdivision (l) of Section 12078 as it pertains to that
    handgun.
    (C) Paragraph (6) of subdivision (a) of Section 12078 as it
    pertains to that handgun.
    (D) Complying with subdivision (c) or (i) of Section 12078 as it
    pertains to that handgun.
    (h) Notwithstanding the fact that the term "an unloaded handgun"
    is used in this section, each handgun shall constitute a distinct and
    separate offense under this section.
    (i) For purposes of this section, the following shall apply:
    (1) A handgun shall be deemed unloaded if it is not "loaded"
    within the meaning of subdivision (g) of Section 12031.
    (2) The term "lawful possession of the firearm" shall have the
    same meaning as set forth in subdivision (f) of Section 12025.
    (3) The term "prohibited area" means any place where it is
    unlawful to discharge a weapon.
    (4) The term "public place" shall have the same meaning as in
    Section 12031.

    SEC. 9. Section 12590 of the Penal Code
    is amended to read:
    12590. (a) Any person who does any of the following acts while
    engaged in picketing, or other informational activities in a public
    place relating to a concerted refusal to work, is guilty of a
    misdemeanor:
    (1) Carries concealed upon his person or 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
    handgun .
    (2) Carries a loaded firearm upon his or her person or within any
    vehicle which is under his or her control or direction.
    (3) Carries a deadly weapon.
    (4) Wears the uniform of a peace officer, whether or not the
    person is a peace officer.
    (5) Carries an unloaded handgun openly on his or her person
    outside of a vehicle.

    (b) This section shall not be construed to authorize or ratify any
    picketing or other informational activities not otherwise authorized
    by law.
    (c) Section 12027 shall not be construed to authorize any conduct
    described in paragraph (1) of subdivision (a), nor shall subdivision
    (b) of Section 12031 be construed to authorize any conduct described
    in paragraph (2) of subdivision (a) , nor shall subdivision (g)
    of Section 12037 be construed to authorize any conduct described in
    paragraph (
    5) of subdivision (a) .
    SEC. 10. No reimbursement is required by this act
    pursuant to Section 6 of Article XIII B of the California
    Constitution because the only costs that may be incurred by a local
    agency or school district will be incurred because this act creates a
    new crime or infraction, eliminates a crime or infraction, or
    changes the penalty for a crime or infraction, within the meaning of
    Section 17556 of the Government Code, or changes the definition of a
    crime within the meaning of Section 6 of Article XIII B of the
    California Constitution.

    SECTION 1. Section 12075 of the Penal Code is
    amended to read:
    12075. The State Printer upon issuing a register shall forward to
    the Department of Justice the name and business address of the
    dealer together with the series and sheet numbers of the register.
    The register shall not be transferable. If the dealer moves his or
    her business to a different location he or she shall notify the
    department of that fact in writing within 48 hours.



  2. #2
    Founder's Club Member MudCamper's Avatar
    Join Date
    Sep 2007
    Location
    Sebastopol, California, USA
    Posts
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    Post imported post

    Is this an April Fool's joke? It is so absurdly preposterous.

    Check out this nonsense from the proposed 12037:

    "a peace officer may make an arrest without a warrant
    whenever the officer has reasonable cause to believe that the person
    to be arrested has violated this section, whether or not this section
    has been violated
    ."



  3. #3
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    MudCamper wrote:
    Is this an April Fool's joke? It is so absurdly preposterous.

    Check out this nonsense from the proposed 12037:

    "a peace officer may make an arrest without a warrant
    whenever the officer has reasonable cause to believe that the person
    to be arrested has violated this section, whether or not this section
    has been violated
    ."


    Is "reasonable cause" a California term of art?

  4. #4
    Regular Member Gundude's Avatar
    Join Date
    Sep 2009
    Location
    Sandy Eggo County
    Posts
    1,691

    Post imported post

    4th amendment? "We don't need no stinkin' 4th amendment".
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The rights existence is all the reason he needs.

  5. #5
    Regular Member Ddave's Avatar
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    Gundude wrote:
    4th amendment? "We don't need no stinkin' 4th amendment".
    Every person in California has a RIGHT to defend themselves as an AMERICAN CITIZEN and should be contacting this "Representitive" with their rejection of said proposal. I Travel to California from Nevada monthly and cannot believe that there aren't more citizens outraged by this proposal... This should be listed on the "Hot Topics" part of this forum so Every Member of OpenCarry.org can let this "Public Servant" know that we are against her personal vendetta against freedom and the Second Amendment as well as the Fourth Amendment of the Constitution of the United States of America. I looked into this, and even on the article that ran in SDGLN.com has comments AGAINST her... This should be reflective of how Ill-concieved this bill is. There is a reason that the language: "Existing law provides that firearms carried openly in belt holsters are not concealed within the meaning of those provisions."

    Here is the link to the Article with the comments I referenced above:

    http://www.sdgln.com/commentary/2010...handgun-policy



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    Hahahaha....



    Ahhh...funny joke.



    Wait, WHAT?!

  7. #7
    Anti-Saldana Freedom Fighter Sons of Liberty's Avatar
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    Enough is enough.

    "...the right of the people to keep and bear Arms, shall not be infringed."

    What is the price of liberty? What is the price of freedom?

    Canwe afford to have an ignorant and oppressive, power mongering, bureaucrat to take away more?!

    Liberty and Freedomis the inheritancewe received from our forefathers and leave forour children, grandchildren and great grandchildren. It is their inheritance that is being portioned and confiscated. What will be left for them, if we do nothing?
    Clinging to God & Guns: The Constitution Restoration Project

  8. #8
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    Can i get a idiots guide to this piece that changes our guns rights? cause its a bit confusing to me, if im understanding it they are making it a misdemeanor to open carry in incorporated areas?
    "Sooner or later we all must die. Warriors choose to do so on their feet, standing between their enemies and those they hold dear. With a weapon in their hands. Cowards choose to do so on their bellies. Unarmed."
    - Dave Gell (inspired by author David Weber)

    "The tragic history of civilian disarmament cries a warning against any systematic attempts to render innocent citizens ill-equipped to defend themselves from tyrant terrorists, despots or oppressive majorities,"
    - Daniel Schmutter

  9. #9
    Regular Member Gundude's Avatar
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    Chrisc411 wrote:
    Can i get a idiots guide to this piece that changes our guns rights? cause its a bit confusing to me, if im understanding it they are making it a misdemeanor to open carry in incorporated areas?
    12037. (a) A person is guilty of openly carrying an unloaded
    handgun when that person carries an exposed and unloaded handgun
    outside a vehicle on his or her person while in 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.
    (b) A violation of this section is punishable by imprisonment in a
    county jail not to exceed six months, by a fine not to exceed one
    thousand dollars ($1,000), or by both that fine and imprisonment,
    provided, however, that a violation of this section is punishable by
    imprisonment in a county jail not to exceed one year, by a fine not
    to exceed one thousand dollars ($1,000), or both that imprisonment
    and fine, if any of the following circumstances is pled and proved to
    the trier of fact:

    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The rights existence is all the reason he needs.

  10. #10
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    Gundude wrote:
    Chrisc411 wrote:
    Can i get a idiots guide to this piece that changes our guns rights? cause its a bit confusing to me, if im understanding it they are making it a misdemeanor to open carry in incorporated areas?
    12037. (a) A person is guilty of openly carrying an unloaded
    handgun when that person carries an exposed and unloaded handgun
    outside a vehicle on his or her person while in 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.
    (b) A violation of this section is punishable by imprisonment in a
    county jail not to exceed six months, by a fine not to exceed one
    thousand dollars ($1,000), or by both that fine and imprisonment,
    provided, however, that a violation of this section is punishable by
    imprisonment in a county jail not to exceed one year, by a fine not
    to exceed one thousand dollars ($1,000), or both that imprisonment
    and fine, if any of the following circumstances is pled and proved to
    the trier of fact:
    yea i was hoping i was reading that wrong, so when does this take effect? and basically this will make open carry illegal in this state now to
    "Sooner or later we all must die. Warriors choose to do so on their feet, standing between their enemies and those they hold dear. With a weapon in their hands. Cowards choose to do so on their bellies. Unarmed."
    - Dave Gell (inspired by author David Weber)

    "The tragic history of civilian disarmament cries a warning against any systematic attempts to render innocent citizens ill-equipped to defend themselves from tyrant terrorists, despots or oppressive majorities,"
    - Daniel Schmutter

  11. #11
    Regular Member Ddave's Avatar
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    You are one of her Constituates - Go to her website and get lots of other residents of SD to do the same, Tell her that she is NOT representing you or any other of her representitive voters by proposing this bill!!! You have the power as a voter bro. I attempted to do what I suggested, and the website wanted my address andit also readthat she only responds to people in her jurisdiction. I'm in Nevada thankfully - but travel to Cali, and would hate to see you lose the last means of carry you Citizens of California have left.... This is Discrimination and an attack on your Constitutional rights..

  12. #12
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    Ddave wrote:
    You are one of her Constituates - Go to her website and get lots of other residents of SD to do the same, Tell her that she is NOT representing you or any other of her representitive voters by proposing this bill!!! You have the power as a voter bro. I attempted to do what I suggested, and the website wanted my address andit also readthat she only responds to people in her jurisdiction. I'm in Nevada thankfully - but travel to Cali, and would hate to see you lose the last means of carry you Citizens of California have left.... This is Discrimination and an attack on your Constitutional rights..
    Oh i just did a decent length letter say how bad of an idea it is, that i and my family are not supportive in this bill. That her views and opinions are not that of the citizens of San Diego.

    I urge everyone from Southern ca. write her to voice your opinion to her.
    http://democrats.assembly.ca.gov/members/a76/
    "Sooner or later we all must die. Warriors choose to do so on their feet, standing between their enemies and those they hold dear. With a weapon in their hands. Cowards choose to do so on their bellies. Unarmed."
    - Dave Gell (inspired by author David Weber)

    "The tragic history of civilian disarmament cries a warning against any systematic attempts to render innocent citizens ill-equipped to defend themselves from tyrant terrorists, despots or oppressive majorities,"
    - Daniel Schmutter

  13. #13
    Regular Member coolusername2007's Avatar
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    Regarding phone calls...I just wanted to put this out there...

    Saldana has already made up her mind. Her constituents must call her office and express theirdispleasure in this bill. They also need to let herknow theywill vote for the other candidate at the next election.

    But for everyone else, I thinkyou really need to contact yourlocal Sheriff and Assembly member and let them know the same. They need to hear the words "If you support this bill, I will vote you out of office and do everything I can to get all my friends and family to do the same."

    To be successful in defeating this bill, IMO we need to get others to distance themselves from it.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  14. #14
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    Here, here !!!

    Carry On,

    Livermoron

  15. #15
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    coolusername2007 wrote:
    Regarding phone calls...I just wanted to put this out there...

    Saldana has already made up her mind. Her constituents must call her office and express theirdispleasure in this bill. They also need to let herknow theywill vote for the other candidate at the next election.

    But for everyone else, I thinkyou really need to contact yourlocal Sheriff and Assembly member and let them know the same. They need to hear the words "If you support this bill, I will vote you out of office and do everything I can to get all my friends and family to do the same."

    To be successful in defeating this bill, IMO we need to get others to distance themselves from it.
    DID. Email to my Rep:

    "I do not want you to support Lori Saldana's bill AB 1934. If you support this bill I will not be able to support you in the next election and will vote you out of office. I will do everything in my power including campaigning for your opponent, to get all of my family and friends, their their friends' friends, to vote you out of office as well."

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    Did you see the video clip on Saldana's website? It shows an "open carrier" going into his back pocket, grabbing a concealed magazine and loading a firearm in a holster.

    Proves she doesn't know what she is doing. Maybe a troll or puppet of the Brady bunch?

  17. #17
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    CA_fr_KS wrote:
    Did you see the video clip on Saldana's website? It shows an "open carrier" going into his back pocket, grabbing a concealed magazine and loading a firearm in a holster.

    Proves she doesn't know what she is doing. Maybe a troll or puppet of the Brady bunch?
    Is it unlawful to have a concealed magazine? Please cite to authority.

  18. #18
    Regular Member coolusername2007's Avatar
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    CA_fr_KS wrote:
    Did you see the video clip on Saldana's website? It shows an "open carrier" going into his back pocket, grabbing a concealed magazine and loading a firearm in a holster.

    Proves she doesn't know what she is doing. Maybe a troll or puppet of the Brady bunch?
    Just saw the video...no big deal, though it seems to be an emotional tactic to scare the public. She still hasn'tlisted AB1934 on her legislation page. Seems to me she is trying to hide the fact that she is the one proposing this anti-liberty bill.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  19. #19
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    Check out the Facebook page started to show opposition for ab 1934...Help Spread the Word:

    http://www.facebook.com/pages/Keepin...=ts&v=wall

  20. #20
    State Pioneer ConditionThree's Avatar
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    Mike wrote:
    CA_fr_KS wrote:
    Did you see the video clip on Saldana's website? It shows an "open carrier" going into his back pocket, grabbing a concealed magazine and loading a firearm in a holster.

    Proves she doesn't know what she is doing. Maybe a troll or puppet of the Brady bunch?
    Is it unlawful to have a concealed magazine? Please cite to authority.
    http://opencarry.mywowbb.com/forum12/6075.html

    and

    http://ca.findacase.com/research/wfr...0106.CA.htm/qx)



    I also viewed the video.Im reasonably certainthat they video taped it on the sidewalk directly adjacent to the StateCapitol Grounds. The 'ammunition' is snap caps. They did goof up the definition of 'Open Carry' by defining it as the exposed carry of an 'unloaded' weapon. It is hosted by AssemblyAccess on Youtube and I would wager that our tax dollars funded the production. Thanks Lori, you're a peach.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  21. #21
    Regular Member coolusername2007's Avatar
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    coolusername2007 wrote:
    Regarding phone calls...I just wanted to put this out there...

    Saldana has already made up her mind. Her constituents must call her office and express theirdispleasure in this bill. They also need to let herknow theywill vote for the other candidate at the next election.

    But for everyone else, I thinkyou really need to contact yourlocal Sheriff and Assembly member and let them know the same. They need to hear the words "If you support this bill, I will vote you out of office and do everything I can to get all my friends and family to do the same."

    To be successful in defeating this bill, IMO we need to get others to distance themselves from it.
    On second thought to my post above, I think every Pro-2A person who visits this board should call Saldana's office and let her know you will be financially supporting her opponent in the next election!!! You may not be her direct constituent, but her anti-liberty legislation affects you, so you will affect her by donating to her opponent.


    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  22. #22
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    Does Saldana understand that if she bans unloaded open carry of handguns folks will just switch to carrying unloaded long guns with ammo at the ready?

  23. #23
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    west side kid wrote:
    Does Saldana understand that if she bans unloaded open carry of handguns folks will just switch to carrying unloaded long guns with ammo at the ready?
    Hey west side kid,

    The outcome of a liberal neo-Marxist's legislation is not a factor in her actions. She will feel good as pushing to fruition one of her religous tenants will increase her viability as a saint. This is religion, this is an ideology based beliefs, not facts, data, or analysis.

    Dr. Thomas Sowell calls this type of thinking and action, "stage one thinking."

    markm

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    http://www.signonsandiego.com/news/2...ry-gun-rights/


    SACRAMENTO — Could tactics used by the “open carry” movement backfire?

    Assemblywoman Lori Saldaña, D-San Diego, and allies of legislation she introduced Wednesday to ban the public display of unloaded weapons believe so.

    State law permitting Californians to display their empty-chamber firearms has been on the books since about 1968, drawing little attention.

    But a surge in demonstrations of people exercising that right in the San Diego region and nationally has attracted scrutiny.

    “It wasn’t a problem we had to deal with. As it’s become more prevalent over the last two years, we’ve had to deal with it,” said Emeryville Police Chief Ken James, whose statewide law enforcement organization supports the measure. “If we hadn’t had a lot of these open-carry events, police chiefs probably wouldn’t be involved in it,” he added.

    Saldaña cited an open-carry event in Pacific Beach last year as alerting her to the need for a ban on displaying guns, even unloaded, in public. There, with thousands of people at the beach on a Saturday, about 60 members of the movement walked along the boardwalk.

    Open-carry advocates say they are acting out of frustration over what they see as government’s infringement on their Second Amendment rights. They also are protesting limits on concealed-weapon permits.

    “The Second Amendment provides the right to bear arms, not just in the home,” said Sam Paredes, executive director of Gun Owners of California. “They’re using the First Amendment to make a statement about the Second Amendment.”

    Among the most celebrated instances nationally have been at various Starbucks Coffee locations and in Phoenix, where about a dozen activists legally brandished weapons near an event attended by President Barack Obama.

    “Guns are an intimidating presence,” Saldaña said. “The average citizen can’t tell the good guys from the bad guys.”

    Lawmakers have attempted to change the law several times, but not since 2005, according to Saldaña.

    “We’re seeing more instances of open carry. Circumstances have changed,” she said.

    Saldaña’s measure, Assembly Bill 1934, would not change existing law that allows citizens to carry concealed weapons with permits. Businesses on private property would still be free to implement their own open-carry policies.

    Gerald Reaster, a retired Navy officer and organizer of an Escondido open-carry group, called the public displays “a form of grass-roots political protest.”

    Members go to public places to assert their rights and educate people, he said.

    There have been events in shopping malls, at restaurants and at Escondido’s popular Cruisin’ Grand hot-rod event on Friday nights. Members meet beforehand for a safety briefing and to ensure the guns are unloaded, Reaster said.

    “We are not doing this to intimidate people,” he said.

    But there have been reports of business patrons fleeing stores and complaining that the demonstrations frighten them and their children.

    Victor Torres, a member of the North County minority rights organization El Grupo, is alarmed because he associates the open-carry movement with the Minutemen, which has crusaded against illegal immigration.

    “I don’t see what the purpose is other than trying to intimidate people,” Torres said, endorsing the legislation.

    Saldaña promotes the bill as a public safety measure, noting that when police are called to reports of guns they do not know whether it’s a protest or an actual public threat.

    Said Emeryville Chief James, “We view open carry as an officer safety issue. Officers are taught from Day One at the academy that guns are a threat. … We teach tactically how to respond to that threat.”

    With Saldaña’s bill in place, “they will not have to worry about whether their safety is going to be in peril by somebody openly carrying a firearm,” James said.

    Paredes dismissed the support of the California Police Chiefs Association, saying members must answer to big-city councils that are usually pro-gun control.

    Supporters of the bill concede that they know of no incidences of violence related to open-carry events.

    Even though California law bars citizens from displaying loaded guns, ammunition can be on one hip while an unloaded pistol is holstered on the other leg, Saldaña said. She displayed a video showing a person slipping a magazine into a gun within two seconds.

    The bill will get its first test Monday in the Assembly Public Safety Committee.

    Its fate appears murky. Gun control, even in California, has always been a tough sell in the Legislature. Its chances are further complicated by upcoming elections and the influence of the conservative tea party movement.

    Gov. Arnold Schwarzenegger has not taken a position.
    In addition to Assemblywoman Lori Saldaña’s measure, a handful of other high-profile battles are being waged over gun-related bills working their way to the full Assembly. Those include the following:

    Assembly Bill 1810 would require dealers to record the make, model and serial number of rifles and shotguns they sell. Buyer information would be reported, and all of it would be kept on file with the California Department of Justice. Carried by Assemblyman Mike Feuer, D-Los Angeles. Passed Assembly Public Safety Committee 4-2.

    Assembly Bill 2223 would require that hunters use nontoxic ammunition while in state wildlife management areas, effectively banning lead-shot bullets in those settings. Carried by Assemblyman Pedro Nava, D-Santa Barbara, the measure passed the Assembly Water, Parks and Wildlife Committee 8-4.

    Assembly Bill 1498 would expand a list of specified offenses that automatically result in a 10-year ban on possessing a gun. The two additional offenses are misdemeanor carrying of a concealed weapon and possessing an assault weapon. Misdemeanor offenses related to gang activity would also result in a 10-year ban on gun possession. Carried by Assemblyman Kevin De Leon, D-Los Angeles, it passed one committee last year but has stalled in Assembly Appropriations.

  25. #25
    Regular Member coolusername2007's Avatar
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    Just found out that Lori Saldana is terming out of the Assembly this year. She cannot run for re-election as an assembly member any more. Assembly members serve two year terms with a lifetime limit of 3 terms. She's done...forever...at least as an assembly member.

    And apparently, she has abandoned a run for a supervisor position in SD. So if we can defeat this bill,we're done with her for the immediate future, hopefully for good.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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