BILL NUMBER: AB 98 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2005
INTRODUCED BY Assembly Member Cohn
JANUARY 11, 2005
An act to amend Sections 7582.2, 7583.12, 7583.37, 7597.1, and
7597.6 of the Business and Professions Code, to amend Sections 171b,
171.5, 626.9, 12001, 12026, 12026.1, 12026.2, 12027, 12027.1, 12031,
12034, 12073, 12078, 12316, and 12807 of, and to repeal and add ["replace," actually]
Section 12025 of, the Penal Code, and to amend Section 10334 of the
Public Contract Code, relating to firearms.
[Voluminous material for which no change is proposed are deleted in this version of the bill for simplicity. Changes shown in the enactment portion of the bill are with respect to existing law, except that changes shown in sections stated as being added are with respect to the initially proposed version. Changes, if any, shown in the digest portion of the bill are with respect to an earlier version of the bill. Additions are shown in bold italics. Comment is shown in blue italics. Comment & links by J. Phillips.]
LEGISLATIVE COUNSEL'S DIGEST
AB 98, as introduced, Cohn. Firearms.
(1) Existing law generally makes it a crime to carry a concealed
handgun.
This bill would repeal those provisions and establish the new
crime of unlawfully carrying a handgun, as specified. The bill would
make it a crime to carry a handgun in a vehicle or upon one's
person, subject to exceptions, regardless of whether the handgun was
concealed. The bill would also provide additional exceptions to the
provisions establishing the crime. The bill would provide that
unlawfully carrying a handgun is punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed $1,000,
or by both that imprisonment and fine, as specified. The bill would
also provide that the offense would be punishable as a felony if
certain circumstances exist, as specified. The bill would further
provide that in certain instances the penalty imposed would be by
imprisonment in the state prison, or by imprisonment in a county jail
not to exceed one year, by a fine not to exceed $1,000, or by both
that fine and imprisonment, as specified. The bill would require
courts not imposing the 3-month minimum sentence to specify its
rationale, as specified.
By changing the scope of an existing crime, this bill would impose
a state-mandated local program.
(2) Existing law makes it a misdemeanor for the driver or owner of
a motor vehicle to knowingly permit another person to bring a loaded
firearm into the vehicle, as specified.
This bill would expand the scope of that crime to include
knowingly permitting another person to unlawfully carry a handgun in
the vehicle, as specified.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
(3) Existing law requires dealers to keep a register or record of
sales and transfers of firearms.
This bill would exempt dealers from the register or record
requirement for the loan of an unloaded firearm if certain conditions
are satisfied. The bill would state that this provision is
declaratory of existing law.
(4) Existing law generally regulates the possession and transfer
of firearms.
This bill would provide that various license, delivery, or
certificate requirements would be inapplicable to the loan of a
firearm by a dealer, the loan of a handgun, or the loan of a firearm
that is not a handgun if certain conditions are met. The bill would
state that this provision is declaratory of existing law.
(5) The bill would make numerous technical, conforming, and
nonsubstantive changes.
(6) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
Note: Proposed changes to existing law are shown in the following "enactment"
section of the bill. Proposed additions are shown in bold italics so that
they are readily apparent. Large extents of material with no proposed change,
or with only nomenclature change, are deleted for brevity and simplicity.
Comments are in blue italics.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7582.2 of the Business and Professions Code is
amended to read:
7582.2. This chapter [Ch. 11.5 re private security services, 7580-7589]
does not apply to:
. . . . .
(Pars. (a) thru (k) deleted)
(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 a loaded or concealed
firearm or a handgun unless he or she is exempted under
the provisions of paragraph (1) 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.
. . . . .
SEC. 2. Section 7583.12 of the Business and Professions Code is
amended to read:
7583.12. (a) No employee of a licensee shall carry or use a
firearm unless the employee has in his or her possession both of the
following:(1) A valid guard registration card issued pursuant to this
chapter.
(2) A valid firearm qualification card issued pursuant to this
chapter.
(b) Paragraph (2) of subdivision (a) shall not apply to a duly
appointed peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, who meets all of
the following:
(1) He or she has successfully completed a course of study in the
use of firearms.
(2) He or she is authorized to carry a concealed firearm
handgun in the course and scope of his or her
employment pursuant to paragraph (1) of subdivision (a) of
Section 12027 of the Penal Code.
(3) He or she has proof that he or she has applied to the bureau
for a firearms qualification card.
(c) (1) This section [7583.12] shall not apply to a duly appointed peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, who has written approval from
his or her primary employer, as defined in paragraph (2) of
subdivision (i) of Section 7583.9, to carry a firearm while working
as a security guard or security officer.
(2) A peace officer exempt under this subdivision shall carry on
his or her person a letter of approval from his or her primary
employer authorizing him or her to carry a firearm while working as a
security guard or security officer.
SEC. 3. Section 7583.37 of the Business and Professions Code is
amended to read:
7583.37. The director may assess fines as enumerated in Article 7
(commencing with Section 7587). Assessment of administrative fines
shall be independent of any other action by the bureau or any local,
state, or federal governmental agency that may result from a
violation of this article. In addition to other prohibited acts under
this chapter, no licensee, qualified manager, or registered security
guard shall, during the course and scope of licensed activity, do
any of the following:(a) Carry any inoperable, replica, or other
simulated firearm.
(b) Use a firearm in violation of the law, or in knowing violation
of the standards for the carrying and usage of firearms as taught in
the course of training in the carrying and use of firearms. Unlawful
or prohibited uses of firearms shall include, but not be limited to,
the following:
(1) Illegally using, carrying, or possessing a dangerous weapon.
(2) Brandishing a weapon.
(3) Drawing a weapon without proper cause.
(4) Provoking a shooting incident without cause.
(5) Carrying or using a firearm while on duty while under the
influence of alcohol or dangerous drugs.
(6) Carrying or using a firearm of a caliber for which a firearms
permit has not been issued by the bureau.
(c) Carry or use a baton in the performance of his or her duties,
unless he or she has in his or her possession a valid baton
certificate issued pursuant to Section 7585.14.
(d) Carry or use tear gas or any other nonlethal chemical agent in
the performance of his or her duties unless he or she has in his or
her possession proof of completion of a course in the carrying and
use of tear gas or any other nonlethal chemical agent.
(e) Carry a concealed pistol, revolver, or other firearm
capable of being concealed upon the person handgun
unless one of the following circumstances applies:
(1) The person has been issued a permit to carry a
pistol, revolver, or other firearm capable of being concealed upon
the person handgun in a concealed manner by a
local law enforcement agency pursuant to Section 12050 of the Penal
Code.
(2) The person is employed as a guard or messenger of a common
carrier, bank, or other financial institution and he or she carries
the weapon while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds,
or other thing of value within this state, as specified in
paragraph (7) of subdivision (e) (a)
of Section 12027 of the Penal Code.
(3) The person is an honorably retired peace officer authorized to
carry a concealed firearm handgun
pursuant to paragraph (1) or (9) of subdivision (a) or (i) of
Section 12027 of the Penal Code.
(4) The person is a duly appointed peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who is authorized to carry a concealed firearm
handgun in the course and scope of his or her
employment pursuant to paragraph (1) of subdivision (a) of
Section 12027 of the Penal Code.
SEC. 4. Section 7597.1 of the Business and Professions Code is
amended to read:
7597.1. (a) No licensee, qualified manager, branch office
manager, or alarm agent shall carry, use, or possess a loaded or
unloaded firearm in the course and scope of his or her employment,
whether or not it is serviceable or operative, unless he or she has
in his or her possession a valid and current firearms qualification
card issued to him or her by the bureau. The card shall be shown to
any peace officer or bureau representative upon demand.(b)
Subdivision (a) shall not apply to a duly appointed peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, who meets all of the following:
(1) He or she has successfully completed a course of study in the
use of firearms.
(2) He or she is authorized to carry a concealed firearm
handgun in the course and scope of his or her
employment pursuant to paragraph (1) of subdivision (a) of
Section 12027 of the Penal Code.
(3) He or she has proof that he or she has applied to the bureau
for a firearms qualification card.
(c) A fine of twenty-five dollars ($25) may be assessed for the
first violation of this section and a fine of one hundred dollars
($100) for each subsequent violation.
SEC. 5. Section 7597.6 of the Business and Professions Code is
amended to read:
7597.6. (a) No licensee, qualified manager, branch office
manager, or alarm agent shall carry a pistol, revolver, or
other firearm capable of being concealed upon the person
handgun in a concealed manner unless one of the following
circumstances apply:(1) The person has been issued a permit to carry
that firearm in a concealed manner by a local law enforcement agency
pursuant to Section 12050 of the Penal Code.
(2) The person is an honorably retired peace officer authorized to
carry a concealed firearm handgun
pursuant to paragraph (1) or (9) of
subdivision (a) or (i) of Section 12027 of
the Penal Code.
(3) The person is a duly appointed peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who is authorized to carry a concealed firearm
handgun in the course and scope of his or her
employment pursuant to paragraph (1) of subdivision (a) of
Section 12027 of the Penal Code.
(b) A fine of five hundred dollars ($500) may be assessed for each
violation of subdivision (a).
SEC. 6. Section 171b of the Penal Code is amended to read:
171b. (a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of, or Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the
Government Code, any of the following is guilty of a public offense
punishable by imprisonment in a county jail for not more than one
year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A person who possesses weapons in, or transports weapons into,
a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons
a handgun as described in paragraph (1) of
subdivision (a) of Section 12027, a full-time paid peace
officer of another state or the federal government who is carrying
out official duties while in California, or 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.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply
to any person who brings or possesses any weapon specified therein
within any courtroom if he or she is a party to an action pending
before the court.
. . . . .
(c) As used in this section, "state or local public building"
means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the
state or local government, if state or local public employees are
regularly present for the purposes of performing their official
duties. A state or local public building includes, but is not limited
to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is
referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this
code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be
used, by state or local employees as a place of residence.
SEC. 7. Section 171.5 of the Penal Code is amended to read:
171.5. (a) For purposes of this section:(1) "Airport" means an
airport, with a secured area, that regularly serves an air carrier
holding a certificate issued by the United States Secretary of
Transportation.
(2) "Sterile area" means a portion of an airport defined in the
airport security program to which access generally is controlled
through the screening of persons and property, as specified in
Section 1540.5 of Title 49 of the Code of Federal Regulations.
(b) It is unlawful for any person to knowingly possess within any
sterile area of an airport, any of the items listed in subdivision (c).
(c) The following items are unlawful to possess as provided in
subdivision (b):
(1) Any firearm.
(2) Any knife with a blade length in excess of four inches, the
blade of which is fixed, or is capable of being fixed, in an
unguarded position by the use of one or two hands.
(3) Any box cutter or straight razor.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any imitation firearm as defined in Section 417.4.
(8) Any frame, receiver, barrel, or magazine of a firearm.
(9) Any unauthorized tear gas weapon.
(10) Any taser or stun gun, as defined in Section 244.5.
(11) Any instrument that expels a metallic projectile, such as a
BB or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(12) Any ammunition as defined in Section 12316.
(d) Subdivision (b) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons
a handgun as described in paragraph (1) of
subdivision (a) of Section 12027, a full-time paid peace
officer of another state or the federal government who is carrying
out official duties while in California, or 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.
(2) A person who has authorization to possess a weapon specified
in subdivision (c), granted in writing by an airport security
coordinator who is designated as specified in Section 1542.3 of Title
49 of the Code of Federal Regulations, and who is responsible for
the security of the airport.
. . . . .
SEC. 8. 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. ["handgun" def'n?]
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 handgun
pursuant to paragraph (2), (4), (5), or (8) of subdivision (b), (d), (e), or (h)
(a) 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.
. . . . .
(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) (d) of Section 7521
7582.1 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to
carry a handgun pursuant to Section 12027 or a loaded
firearm pursuant to Section 12031.
(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. do either
of the following:
(1) Carry a handgun pursuant to paragraph (1) or (9) of
subdivision (a) of Section 12027.
(2) Carry a loaded firearm pursuant to paragraph (1) or (8) of
subdivision (b) of Section 12031.
SEC. 9. Section 12001 of the Penal Code is amended to read:
12001. (a) (1) As used in this title, [Control of Deadly Weapons,
12001-12999] 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) (1) For the purposes of
Sections Section 12025 and 12031,
the term "firearm" "handgun"
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.
(2) For the purposes of Section 12031, the term "firearm" 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 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.
. . . . .
(k) (1) 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.
(2) For purposes of Section 12025, notwithstanding the fact that
the term "any handgun" may be used in that section, each handgun
shall constitute a distinct and separate offense under that section.
(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.
. . . . .
[incl. change to "handgun" from "pistol, revolver, or other firearm
capable of being concealed upon the person" in subdivision (n)]
(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 . . . . .
SEC. 10. [the current] Section 12025 of the Penal Code is repealed.
SEC. 11. [A new] Section 12025 is added [as a replacement for the existing]
to the Penal Code, to read:
12025. (a) A person is guilty of unlawfully carrying a handgun
when he or she does any of the following:
(1) Carries concealed within any
vehicle that is under his or her control or direction any handgun.
(2) Carries concealed upon his or her person any handgun.
(3) Causes to be carried concealed within any vehicle in which he or she is
an occupant any handgun.
(4) Carries upon his or her person any handgun upon the public
streets of an incorporated city or city and county.
(5) Carries upon his or her person any handgun in any public place
in an incorporated city and 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, or the handgun is loaded.
(5) Carries within any vehicle that is under his or her control or
direction any handgun.
(6) Causes to be carried within any vehicle in which he or she is
an occupant any handgun.
(b) Except as otherwise provided in this section, 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 by both that imprisonment and fine.
(c) A violation of this section paragraphs (1) to (3), inclusive,
of subdivision (a) is punishable as a felony in any
of the following circumstances:
(1) Where the person previously has been convicted of any felony
or of any crime made punishable by this chapter.
(2) Where the handgun is stolen and the person knew or had
reasonable cause to believe that it was stolen.
(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).
(4) Where the person is not in lawful possession of the handgun,
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.
(d) A violation of this section is punishable 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 where the person has been
convicted of a crime against a person or property, or of a narcotics
or dangerous drug violation.
(e) (1) A violation of paragraphs (1) to (4)(3), inclusive, of
subdivision (a) is punishable 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)(1) 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, or the
handgun is loaded as defined in this section.
(B)(2) 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 handgun.
(2) A violation of paragraphs (4) to (6), inclusive, of
subdivision (a) is punishable by imprisonment in the state prison, or
by imprisonment in a county jail not to exceed one year, or by a
fine not to exceed one thousand dollars ($1,000), or by both
imprisonment and that fine if both of the following conditions are
met:
(A) The person has been previously convicted of a felony, or any
offense punishable pursuant to this chapter.
(B) The person is not in lawful possession of the firearm, as
defined in this section, or the person is within a class of persons
who are 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.
(f) (1) Every person convicted under this section paragraphs
(1) to (3) inclusive of subdivision (a) 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.
(3) The court shall apply the three-month minimum sentence as
specified in paragraph (1) or (2), 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 paragraph (1) or (2) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in paragraph (1) or (2), 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.
(g) No person shall be subject to a felony arrest for a
violation of subdivisions (1) to (3), inclusive, of subdivision (a),
where the conditions described in paragraph (1) of subdivision (e)
exist, without the arresting officer first determining whether the
person subject to arrest is the registered owner of the firearm
pursuant to Section 11106.
(h) Handguns carried openly in belt holsters are not concealed
within the meaning of this section.
(i) (h) (1) For purposes of this section, "lawful possession of the
handgun" means that the person who has possession or custody of the
handgun either lawfully owns the handgun or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the handgun. A person who takes a handgun
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the handgun does not have
lawful possession of the handgun.
(2) For purposes of this section, a handgun 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 handgun, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
handgun, except that a muzzle-loader handgun shall be deemed loaded
when it is capped or primed and has a powder charge and ball or shot
in the barrel or cylinder.
(i) 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 this section and
other provisions of law shall not be punished under more than one
provision.
SEC. 12. Section 12026 of the Penal Code is amended to read:
12026. (a) Section 12025 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. [re. "loaded" firearms]
SEC. 13. Section 12026.1 of the Penal Code is amended to read:
12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States 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, from
transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person
handgun, provided that the following applies to the
firearm handgun:
(1) The firearm handgun is within a motor vehicle and it is
locked in the vehicle's trunk or in a locked container in the vehicle
other than the utility or glove compartment.
(2) The firearm handgun is carried
by the person directly to or from any motor vehicle for any lawful
purpose and, while carrying the firearm
handgun, the firearm handgun is
contained within a locked container.
(b) The provisions of this section do 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.
(c) As used in this section, "locked container" means a secure
container which that is fully enclosed
and locked by a padlock, key lock, combination lock, or similar
locking device.
SEC. 14. 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
carrying of a handgun by an authorized participant in a
motion picture, television, or video production or entertainment
event when the participant lawfully uses the firearm
handgun 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 carrying
of a handgun in a locked container by a member of any club or
organization, organized for the purpose of lawfully collecting and
lawfully displaying pistols, revolvers,
handguns 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. [but not just to get together with other collectors]
(3) The transportation of a firearm
handgun 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
handgun.
(4) The transportation of a firearm
handgun by a person listed in Section 12026 directly between
any of the places mentioned in Section 12026.
(5) The transportation of a firearm
handgun 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 handgun.
(6) The transportation of a firearm
handgun by a person listed in Section 12026 when going directly
from the place where that person lawfully received that
firearm handgun 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
handgun 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
handgun in a lawful manner.
(8) The transportation of a firearm
handgun 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
handgun to an authorized participant to lawfully use as a part
of that production or event.
(9) The transportation of a firearm
handgun 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 handgun at that target range. [but not to public
lands for purposes of shooting]
(10) The transportation of a firearm
handgun 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 handgun.
(11) The transportation of a firearm
handgun by a person when going directly to, or coming directly
from, a law enforcement agency for the purpose of a lawful transfer,
sale, or loan of that firearm handgun
pursuant to Section 12084.
(12) The transportation of a firearm
handgun by a person when going directly to, or coming directly
from, a lawful camping activity for the purpose of having that
firearm handgun 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.
(13) The transportation of a firearm
handgun by a person in order to comply with subdivision (c) or
(i) of Section 12078c as it pertains to that firearm
handgun.
(14) The transportation of a firearm
handgun by a person in order to utilize subdivision (l) of
Section 12078 as it pertains to that firearm
handgun.
(15) The transportation of a firearm
handgun 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
handgun in accordance with subdivision (d) of Section
12072. [re. private party transfers]
(16) The transportation of a firearm
handgun by a person in order to utilize paragraph (3)
(6) of subdivision (a) of Section 12078 as it
pertains to that firearm.
(17) The transportation of a firearm
handgun by a person who finds the firearm
handgun 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 handgun and if
that firearm handgun 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 handgun to the law
enforcement agency.
(18) The transportation of a firearm
handgun by a person who finds the firearm
handgun 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 handgun to the law enforcement
agency for disposition according to law.
(19) The transportation of a firearm
handgun by a person in order to comply with paragraph (2) of
subdivision (f) of Section 12072 as it pertains to that
firearm handgun.
(20) The transportation of a firearm
handgun by a person in order to comply with paragraph (3) of
subdivision (f) of Section 12072 as it pertains to that
firearm handgun.
(21) The transportation of a firearm
handgun by a person for the purpose of obtaining an
identification number or mark assigned for that firearm
handgun from the Department of Justice pursuant
to Section 12092.
(22) The transportation of a 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 directly to, or directly from, official parade duty
or ceremonial occasions of that organization.
(b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm
handgun 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. [12001-12124]
(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. 15. Section 12027 of the Penal Code is amended to read:
12027. (a) Section 12025 does not apply to,
or affect, any of the following: (a)
(1) (A) Any peace officer, listed in Section 830.1 or
830.2, or subdivision (a) of Section 830.33, whether active or
honorably retired, other duly appointed peace officers, honorably
retired peace officers listed in subdivision (c) of Section 830.5,
other honorably retired peace officers who during the course and
scope of their employment as peace officers were authorized to, and
did, carry firearms, full-time paid peace officers of other states
and the federal government who are carrying out official duties while
in California, or 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 that officer. Any peace officer
described in this paragraph who has been honorably retired shall be
issued an identification certificate by the law enforcement agency
from which the officer has retired. The issuing agency may charge a
fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this subdivision
paragraph. As used in this section and Section
12031, the term "honorably retired" includes all peace officers who
have qualified for, and have accepted, a service or disability
retirement. For purposes of this section and Section 12031, the term
"honorably retired" does not include an officer who has agreed to a
service retirement in lieu of termination.
(B) Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, shall have an
endorsement on the identification certificate stating that the
issuing agency approves the officer's carrying of a
concealed firearm handgun pursuant to this
paragraph.
(C) No endorsement or renewal endorsement issued pursuant to
paragraph (2) subparagraph (F) shall be
effective unless it is in the format set forth in subparagraph (D),
except that any peace officer listed in subdivision (f) of Section
830.2 or in subdivision (c) of Section 830.5, who is retired between
January 2, 1981, and on or before December 31, 1988, and who is
authorized to carry a concealed firearm
handgun pursuant to this section
paragraph, shall not be required to have an endorsement in the
format set forth in subparagraph (D) until the time of the issuance,
on or after January 1, 1989, of a renewal endorsement pursuant to
paragraph (2) subparagraph (F).
(D) A certificate issued pursuant to this paragraph for persons
who are not listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 or for persons
retiring after January 1, 1981, shall be in the following format: it
shall be on a 2X3 inch card, bear the photograph of the retiree, the
retiree's name, address, and date of birth,
the date that the retiree retired, the name and address of
the agency from which the retiree retired, and have
stamped on it the endorsement "CCW Approved" and the date the
endorsement is to be renewed.
(E) For purposes of this section and Section 12031, "CCW" means
"carry concealed weapons."
(2)
(F)A retired peace officer, except an
officer listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall petition the issuing agency for the renewal of
his or her privilege to carry a concealed firearm
handgun every five years. An honorably retired
peace officer listed in Section 830.1 or 830.2, subdivision (a) of
Section 830.33, or subdivision (c) of Section 830.5 who retired prior
to January 1, 1981, shall not be required to obtain an endorsement
from the issuing agency to carry a concealed firearm
handgun pursuant to this paragraph.
The agency from which a peace officer is honorably retired may, upon
initial retirement of that peace officer, or at any time subsequent
thereto, deny or revoke for good cause the retired officer's
privilege to carry a concealed firearm
handgun pursuant to this paragraph. A peace officer
who is listed in Section 830.1 or 830.2, subdivision (a) of Section
830.33, or subdivision (c) of Section 830.5 who retired prior to
January 1, 1981, shall have his or her privilege to carry a
concealed firearm handgun pursuant to this
paragraph denied or revoked by having the agency from which
the officer retired stamp on the officer's identification certificate
"No CCW privilege."
(3)
(G) An honorably retired peace officer who
is listed in subdivision (c) of Section 830.5 and authorized to carry
concealed firearms by this subdivision a
handgun pursuant to this paragraph shall
meet the training requirements of Section 832 and shall qualify with
the firearm handgun at least annually.
The individual retired peace officer shall be responsible for
maintaining his or her eligibility to carry a concealed
firearm handgun pursuant to this paragraph.
The Department of Justice shall provide subsequent arrest
notification pursuant to Section 11105.2 regarding honorably retired
peace officers listed in subdivision (c) of Section 830.5 to the
agency from which the officer has retired.
(b)
(2) The possession
or transportation of unloaded pistols, revolvers, or other
firearms capable of being concealed upon the person
handguns 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.
(c)
(3) Members of the
Army, Navy, Air Force, Coast Guard, or Marine Corps of the United
States, or the National Guard, when on duty, or organizations
which that are by law authorized to
purchase or receive those weapons handguns
from the United States or this state.
(d)
(4) The carrying of
unloaded pistols, revolvers, or other firearms capable of
being concealed upon the person handguns by duly
authorized military or civil organizations while parading, or the
members thereof when going to and from the places of meeting of their
respective organizations.
(e)
(5) Guards or
messengers of common carriers, banks, and other financial
institutions while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds,
or other thing of value within this state, if those persons
have been issued a certificate pursuant to Section 12033.
The certificate is not required of any person who is a peace officer,
who has completed all training required by law for the exercise of
his or her power as a peace officer, and who is employed elsewhere
while not on duty as a peace officer.
(f)
(6) Members 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 pistols, revolvers, or
other firearms capable of being concealed upon the person
handguns upon the target ranges, or transporting these
firearms unloaded when going to and from the ranges.
(g)
(7) Licensed hunters
or fishermen carrying pistols, revolvers, or other
firearms capable of being concealed upon the person
handguns while engaged in hunting or fishing, or transporting
those firearms unloaded when going to or returning from the hunting
or fishing expedition.
(h)
(8) Transportation
of unloaded firearms by a person operating a licensed common carrier
or an authorized agent or employee thereof when transported in
conformance with applicable federal law.
(i)
(9) Upon approval of
the sheriff of the county in which they reside, honorably retired
federal officers or agents of federal law enforcement agencies,
including, but not limited to, the Federal Bureau of Investigation,
the Secret Service, the United States Customs Service, the Federal
Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of
Narcotics, the Drug Enforcement Administration, the United States
Border Patrol, and officers or agents of the Internal Revenue Service
who were authorized to carry weapons while on duty, who were
assigned to duty within the state for a period of not less than one
year, or who retired from active service in the state.
Retired federal officers or agents shall provide the sheriff with
certification from the agency from which they retired certifying
their service in the state, the nature of their retirement, and
indicating the agency's concurrence that the retired federal officer
or agent should be accorded the privilege of carrying a concealed
firearm.
Upon that approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that he or she may carry
a concealed firearm handgun in
accordance with this subdivision. The permit shall be valid for a
period not exceeding five years, shall be carried by the retiree
while carrying a concealed firearm handgun,
and may be revoked for good cause.
The sheriff of the county in which the retired federal officer or
agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a fee
necessary to cover any reasonable expenses incurred by the county.
(j)
(10) The carrying of
a pistol, revolver, or other firearm capable of being
concealed upon the person handgun by a person
who is authorized to carry that weapon in a concealed
that manner pursuant to Article 3 (commencing
with Section 12050). [What manner? 12050 is
still entirely about concealed carry permitting.]
(11) The carrying of a handgun in an exposed manner whether on or
about the person or in a vehicle by any of the following:
(A) Armored vehicle guards, as defined in Section 7582.1 of the
Business and Professions Code, hired prior to January 1, 1977, or
armored vehicle guards, as defined in that section, hired on or after
that date and who have received a firearms qualification card from
the Department of Consumer Affairs. In either case, the armored
vehicle guard must have been acting within the course and scope of
his or her employment.
(B) Persons who have completed a regular course in firearms
training approved by the Commission on Peace Officer Standards and
Training including:
(i) 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:
(I) May suffer suspension or dismissal only after a hearing on
charges duly filed with the commission after a fair and impartial
trial.
(II) Are not less than 18 years of age.
(III) Possess physical qualifications prescribed by the
commission.
(IV) 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.
(ii) Animal control officers or zookeepers, regularly compensated
as such by a governmental agency, when acting in the course and scope
of their employment and when designated by a local ordinance or, if
the governmental agency is not authorized to act by ordinance, by a
resolution, either individually or by class, to carry the weapons, or
by persons who are authorized to carry the weapons pursuant to
Section 14502 of the Corporations Code, while actually engaged in the
performance of their duties pursuant to that section.
(iii) Harbor police officers designated pursuant to Section 663.5
of the Harbors and Navigation Code.
(C) The following persons issued a certificate pursuant to Section
12033. The certificate shall not be required of any person who is a
peace officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer:
(i) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
(ii) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority hired prior to January 1, 1977, or those guards hired on
or after January 1, 1977, who have completed a course in the carrying
and use of firearms that meets the standards prescribed by the
Department of Consumer Affairs.
(iii) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of
Division 3 of the Business and Professions Code, and alarm company
operators who are licensed pursuant to Chapter 11.6 (commencing with
Section 7590) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(iv) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
(v) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, uniformed
alarm agents employed by an alarm company operator, while actually
engaged in protecting and preserving the property of their employers
or on duty or en route to or from their residences or their places of
employment, and security guards and alarm agents en route to or from
their residences or employer-required range training. Nothing in
this subparagraph shall be construed to prohibit cities and counties
from enacting ordinances requiring alarm agents to register their
names
(vi) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(12) The carrying of an unloaded handgun in an exposed manner 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 going directly to, or coming directly from, official
parade duty or ceremonial occasions of that organization.
(13) The carrying of an unloaded handgun in an exposed manner
outside of a vehicle in connection within a gun show conducted
pursuant to Sections 12071.1 and 12071.4.
(14) The carrying of an unloaded handgun in an exposed manner
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.
(15) The carrying of an unloaded handgun in an
exposed manner where the handgun is an antique firearm as defined in
paragraph (16) of subsection (a) of Section 921 of Title 18 of the
United States Code.
(16) The carrying of a handgun in an exposed manner under
circumstances where it would otherwise be lawful, by a person who
reasonably believes that his or her person or property or the person
or property of another is in immediate, grave danger, and that the
carrying or the weapon is necessary for the preservation of that
person or property. As used in this paragraph, "immediate" means the
brief interval before and after the local law enforcement agency,
when reasonably possible, has been notified of the danger and before
the arrival of assistance.
(17) The carrying of an exposed and unloaded handgun outside of a
vehicle incident to it being loaned in accordance with paragraph (2),
(3), or (4) of subdivision (d) of Section 12078.
(18) The carrying of an exposed handgun outside of a vehicle in
accordance with the provisions of Section 171b or 171c.
(b) Paragraph (5) of subdivision (a) of Section 12025 shall not
apply to or affect any of the following:
(1) The carrying of a handgun within a place of residence, place
of business, or on private property if the carrying of that handgun
by that person is otherwise lawful.
(2) The carrying of a handgun or unexpended ammunition in a locked
container as long as there is not 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 handgun, including, but
not limited to, in the firing chamber, magazine, or clip thereof
attached to the firearm.
(c) As used in this section, "locked container" means a secure
container that is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device. The term "locked
container" does not include the utility or glove compartment of a
motor vehicle.
(d) This section does not prohibit or limit the otherwise lawful
carrying or transportation of any handgun in accordance with this
chapter. [12001-12124]
SEC. 16. Section 12027.1 of the Penal Code is amended to read:
12027.1. (a) (1) (A) (i) Any peace officer employed by an agency
and listed in Section 830.1 or 830.2 or subdivision (c) of Section
830.5 who retired after January 1, 1981, shall have an endorsement on
the identification certificate stating that the issuing agency
approves the officer's carrying of a concealed
handgun and a loaded firearm.(ii) Any peace
officer listed in Section 830.1 or 830.2 or subdivision (c) of
Section 830.5 who retired prior to January 1, 1981, is authorized to
carry a concealed handgun and a
loaded firearm if the agency issued the officer an
identification certificate and the certificate has not been stamped
as specified in paragraph (2) of subdivision (a) of Section 12027.
(iii) Peace officers not listed in clause (i) or (ii) who were
authorized to, and did, carry firearms during the course and scope of
their employment as peace officers, shall have an endorsement on the
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed
handgun and a loaded firearm.
(B) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be revoked or denied by the issuing agency only upon a showing of
good cause. Good cause shall be determined at a hearing, as
specified in subdivision (d).
(2) A retired peace officer may have his or her privilege to carry
a concealed handgun and a
loaded firearm revoked or denied by violating any departmental rule,
or state or federal law that, if violated by an officer on active
duty, would result in that officer's arrest, suspension, or removal
from the agency.
(b) (1) An identification certificate authorizing the officer to
carry a concealed handgun and a
loaded firearm or an endorsement may be revoked or denied by
the issuing agency only upon a showing of good cause. Good cause
shall be determined at a hearing, as specified in subdivision (d).
(2) An identification certificate authorizing the officer to carry
a concealed handgun and a
loaded firearm or an endorsement may be revoked only after a hearing,
as specified in subdivision (d). Any retired peace officer whose
identification certificate authorizing the officer to carry a
concealed handgun and a
loaded firearm or an endorsement is to be revoked shall have 15 days
to respond to the notice of the hearing. Notice of the hearing shall
be served either personally on the retiree or sent by first-class
mail, postage prepaid, return receipt requested to the retiree's last
known place of residence. Upon the date the agency receives the
signed registered receipt or upon the date the notice is served
personally on the retiree, the retiree shall have 15 days to respond
to the notification. A retired peace officer who fails to respond to
the notice of the hearing shall forfeit his or her right to respond.
(3) An identification certificate authorizing the officer to carry
a concealed handgun and a
loaded firearm or an endorsement may be denied prior to a hearing. If
a hearing is not conducted prior to the denial of an endorsement, a
retired peace officer, within 15 days of the denial, shall have the
right to request a hearing. A retired peace officer who fails to
request a hearing pursuant to this paragraph shall forfeit his or her
right to the hearing.
(c) A retired peace officer, when notified of the revocation of
his or her privilege to carry a concealed
handgun and a loaded firearm, after the
hearing, or upon forfeiting his or her right to a hearing, shall
immediately surrender to the issuing agency his or her identification
certificate. The issuing agency shall reissue a new identification
certificate without an endorsement. However, if the peace officer
retired prior to January 1, 1981, and was at the time of his or her
retirement a peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5, the issuing agency shall stamp on
the identification certificate "No CCW privilege."
(d) Any hearing conducted under this section shall be held before
a three-member hearing board. One member of the board shall be
selected by the agency and one member shall be selected by the
retired peace officer or his or her employee organization. The third
member shall be selected jointly by the agency and the retired peace
officer or his or her employee organization.
Any decision by the board shall be binding on the agency and the
retired peace officer.
(e) No peace officer who is retired after January 1, 1989, because
of a psychological disability shall be issued an endorsement to
carry a concealed handgun and a
loaded firearm pursuant to this section.
SEC. 17. Section 12031 of the Penal Code is amended to read:
12031. (a) (1) A person is guilty of carrying a loaded firearm
when he or she carries a loaded firearm on his or her person or in a
vehicle 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 unincorporated territory.(2) Carrying a loaded
firearm in violation of this section is punishable, as follows:
(A) Where the person previously has been convicted of any felony,
or of any crime made punishable by this chapter, as a felony.
(B) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(C) 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.
(D) Where the person is not in lawful possession of the firearm,
as defined in this section, or 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.
(E) 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.
(F) Where the person is not listed with the Department of Justice
pursuant to Section 11106, as the registered owner of the
pistol, revolver, or other firearm capable of being concealed upon
the person handgun, by imprisonment in the
state prison, or by imprisonment in a county jail not to exceed one
year, or by a fine not to exceed one thousand dollars ($1,000), or
both that fine and imprisonment.
(G) In all cases other than those specified in subparagraphs (A)
to (F), inclusive, as a misdemeanor, punishable 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.
(3) For purposes of this section, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully acquired and lawfully owns the firearm or has
the permission of the lawful owner or 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.
(4) 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 greater
penalty than this section.
(5) (A) Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 836, a peace officer may make an arrest without a warrant:
(i) When the person arrested has violated this section, although
not in the officer's presence.
(ii) Whenever the officer has reasonable cause to believe that the
person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
(B) A peace officer may arrest a person for a violation of
subparagraph (F) of paragraph (2), if the peace officer has probable
cause to believe that the person is carrying a loaded
pistol, revolver, or other firearm capable of being concealed upon
the person handgun in violation of this section
and that 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.
(6) (A) 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
granted probation or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she be
imprisoned for a period of at least three months.
(B) The court shall apply the three-month minimum sentence 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.
(7) A violation of this section which that
is punished 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.
(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, or
. . . . .
(5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs
while hunting on the premises of those clubs.
(6) The carrying of pistols, revolvers, or other
firearms capable of being concealed upon the person
handguns by persons who are authorized to carry those
weapons the same pursuant to Article 3
(commencing with Section 12050) of Chapter 1 of Title 2 of
Part 4.
(7) Armored vehicle guards, as defined in Section 7521
7582.1 of the Business and Professions Code, (A)
if hired prior to January 1, 1977, or (B) if hired on or after that
date, if they have received a firearms qualification card from the
Department of Consumer Affairs, in each case while acting within the
course and scope of their employment.
(8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law
. . . . .
(c) Subdivision (a) shall not apply to any of the following who
have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
(2) The carrying of weapons by animal control officers or
zookeepers, who are regularly compensated as such by a
governmental agency, when acting in the course and scope
of their employment and when designated by a local ordinance or, if
the governmental agency is not authorized to act by ordinance, by a
resolution, either individually or by class, to carry the weapons, or
by persons who are authorized to carry the weapons pursuant to
Section 14502 of the Corporations Code, while actually engaged in the
performance of their duties pursuant to that section.
(3) Harbor police officers designated pursuant to Section 663.5 of
the Harbors and Navigation Code.
(d) Subdivision (a) shall not apply to any of the following who
have been issued a certificate pursuant to Section 12033. The
certificate shall not be required of any person who is a peace
officer, who has completed all training required by law for the
exercise of his or her power as a peace officer, and who is employed
while not on duty as a peace officer.
(1) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the
shipment, transportation, or delivery of any money, treasure,
bullion, bonds, or other thing of value within this state.
(2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission
authority (A) if hired prior to January 1, 1977, or (B) if hired on
or after January 1, 1977, if they have completed a course in the
carrying and use of firearms which meets the standards prescribed by
the Department of Consumer Affairs.
(3) Private investigators and private patrol operators who are
licensed pursuant to Chapter 11.5 (commencing with Section 7512) of,
and alarm company operators who are licensed pursuant to Chapter 11.6
(commencing with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
(4) Uniformed security guards or night watch persons employed by
any public agency, while acting within the scope and course of their
employment.
(5) Uniformed security guards, regularly employed and compensated
in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while
actually engaged in protecting and preserving the property of their
employers or on duty or en route to or from their residences or their
places of employment, and security guards and alarm agents en route
to or from their residences or employer-required range training.
Nothing in this paragraph shall be construed to prohibit cities and
counties from enacting ordinances requiring alarm agents to register
their names.
(6) Uniformed employees of private patrol operators and private
investigators licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code,
while acting within the course and scope of their employment.
(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.
(f) As used in this section, "prohibited area" means any place
where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes of
this section 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; except that 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.
(h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
(i) Nothing in this section shall prevent any person from carrying
a loaded firearm in an area within an incorporated city while
engaged in hunting, provided that the hunting at that place and time
is not prohibited by the city council.
(j) (1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used in
this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its
assistance.
(2) A violation of this section is justifiable when a person who
possesses a firearm reasonably believes that he or she is in grave
danger because of circumstances forming the basis of a current
restraining order issued by a court against another person or persons
who has or have been found to pose a threat to his or her life or
safety. This paragraph may not apply when the circumstances involve a
mutual restraining order 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. It is not the intent
of the Legislature to limit, restrict, or narrow the application of
current statutory or judicial authority to apply this or other
justifications to defendants charged with violating Section 12025 or
of committing other similar offenses.
Upon trial for violating this section, the trier of fact shall
determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
(l) Nothing in this section shall prevent any person from having
a loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
(m) (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 only until January 1,
2005.
SEC. 18. Section 12034 of the Penal Code is amended to read:
12034. (a) It is a misdemeanor for a driver of any motor vehicle
or the owner of any motor vehicle, whether or not the owner of the
vehicle is occupying the vehicle, knowingly to permit any other
person to carry into or bring into the vehicle a firearm in violation
of Section 12025 or 12031 of this code or Section 2006 of
the Fish and Game Code.(b) Any driver or owner of any vehicle,
whether or not the owner of the vehicle is occupying the vehicle, who
knowingly permits any other person to discharge any firearm from the
vehicle is punishable by imprisonment in the county jail for not
more than one year or in state prison for 16 months or two or three
years.
(c) Any person who willfully and maliciously discharges a firearm
from a motor vehicle at another person other than an occupant of a
motor vehicle is guilty of a felony punishable by imprisonment in
state prison for three, five, or seven years.
(d) Except as provided in Section 3002 of the Fish and Game Code,
any person who willfully and maliciously discharges a firearm from a
motor vehicle is guilty of a public offense punishable by
imprisonment in the county jail for not more than one year or in the
state prison.
SEC. 19. Section 12073 of the Penal Code is amended to read:
12073. (a) As required by the Department of Justice, every dealer
shall keep a register or record of electronic or telephonic transfer
in which shall be entered the information prescribed in Section
12077.(b) This section shall not apply to any of the following
transactions:
(11) The loan of an unloaded firearm by a dealer if all of the
following conditions are met:
(A) The person to whom the firearm is being loaned is at all times
in the presence of the dealer loaning the firearm.
(B) The loan occurs at a place as specified in paragraph (1) of
subdivision (b) of Section 12071.
(C) The loan is for a lawful purpose.
(c) A violation of this section is a misdemeanor.
SEC. 20. Section 12078 of the Penal Code is amended to read:
12078. (a) (1) The waiting periods described in Sections 12071,
12072, and 12084 shall not apply to deliveries, transfers, or sales
of firearms made to persons properly identified as full-time paid
peace officers as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, provided that the peace officers are
. . . . .
(6) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 do not apply to sales, deliveries, or transfers of
firearms to authorized representatives of cities, cities and
counties, counties, or state or federal governments for those
governmental agencies where the entity is acquiring the weapon as
part of an authorized, voluntary program where the entity is buying
or receiving weapons from private individuals. Any weapons acquired
pursuant to this paragraph shall be disposed of pursuant to the
applicable provisions of Section 12028 or 12032.
. . . . .
(c) (1) Subdivision (d) of Section 12072 [private party transfers] shall not apply to the
infrequent transfer of a firearm that is not a handgun by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family. [undefined]
(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family [undefined] and
both all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" [term unused] means
any either one of the following
relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration and, when the firearm is a handgun, commencing
January 1, 2003, the individual to whom the handgun is
being loaned the handgun has a valid handgun
safety certificate.
(2) Subdivision (d) of Section 12072, and subdivision (b) of
Section 12801 shall not apply to the loan of a firearm where all of
the following conditions exist:
(A) The person loaning the firearm is at all times within the
presence of the person to whom the firearm is being loaned
the firearm.
(B) The loan is for a lawful purpose.
(C) The loan does not exceed three days in duration.
(D) The individual receiving the firearm is not prohibited from
owning or possessing a firearm pursuant to Section 12021 or 12021.1
of this code, or by Section 8100 or 8103 of the Welfare and
Institutions Code.
(E) The person loaning the firearm is 18 years of age or older.
(F) The person to whom the firearm is being
loaned the firearm is 18 years of age or older.
(3) Subdivision (b) of Section 12071, subdivision (c) of Section
12072, and subdivision (b) of Section 12801 shall not apply to the
loan of a firearm by a dealer if all of the following conditions are
met:
(A) The person to whom the firearm is being loaned is at all times
in the presence of the dealer loaning the firearm.
(B) The loan occurs at a place as specified in paragraph (1) of
subdivision (b) of Section 12071.
(C) The loan is for a lawful purpose.
(D) In the case of a handgun that is not an "antique firearm" in
Section 921(a)(16) of Title 18 of the United States Code, the person
to whom the handgun is being loaned is 21 years of age or older.
(E) In the case of a firearm that is not described in subparagraph
(D), the person to whom the firearm is being loaned is 18 years of
age or older.
(4) Subdivision (d) of Section 12072 and subdivision (b) of
Section 12801 shall not apply to the loan of a handgun provided all
of the following are met:
(A) The handgun is being loaned by the person who is listed as the
registered owner of the handgun pursuant to Section 11106.
(B) The loan occurs within the registered handgun owner's place of
residence or the handgun owner's private property, except for
property that is zoned for commercial, retail, or industrial
activity.
(C) The individual receiving the handgun is not prohibited from
owning or possessing a firearm pursuant to Section 12021 or 12021.1
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code.
(D) The individual receiving the handgun is 18 years of age or
older.
(5) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm that is not a handgun provided all of the following are
met:
(A) The firearm is owned by the person loaning the firearm. handgun.
(B) The loan occurs within the owner's place of residence or the
owner's private property, except for property that is zoned for
commercial, retail, or industrial activity.
(C) The individual receiving the firearm handgun is not prohibited from
owning or possessing a firearm pursuant to Section 12021 or 12021.1
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code.
(D) The individual receiving the firearm is 18 years of age or
older.
. . . . .
(i) (1) Subdivision (d) of Section 12072 [re. private party transfer] shall not apply to a
person who takes title or possession of a firearm that is not a
handgun by operation of law if the person is not prohibited by
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code from possessing firearms.
(2) Subdivision (d) of Section 12072 shall not apply to a person
who takes title or possession of a handgun by operation of law if the
person is not prohibited by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms and all of the following conditions are met:
. . . . .
SEC. 21. Section 12316 of the Penal Code is amended to read:
12316. (a) (1) Any person, corporation, or dealer who does either
of the following shall be punished by imprisonment in a county jail
for a term not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both the imprisonment and fine:(A)
Sells any ammunition or reloaded ammunition to a person knowing that
person to be under 18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and
intended for use in a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
to a person knowing that person to be under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. Where ammunition or
reloaded ammunition may be used in both a rifle and a handgun,
federal law shall be considered for purposes of enforcing this
subparagraph.
(2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reliance upon,
bona fide evidence of majority and identity shall be a defense to any
criminal prosecution under this subdivision. As used in this
subdivision, "bona fide evidence of majority and identity" means a
document issued by a federal, state, county, or municipal government,
or subdivision or agency thereof, including, but not limited to, a
motor vehicle operator's license, California state identification
card, identification card issued to a member of the armed forces, or
other form of identification that bears the name, date of birth,
description, and picture of the person.
(b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
(2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence.
(3) A violation of this subdivision is punishable by imprisonment
in a county jail not to exceed one year or in the state prison, by a
fine not to exceed one thousand dollars ($1,000), or by both the fine
and imprisonment.
(c) Unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent school
authority, no person shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforcement officers acting
. . . . . engaged in the performance of his or her duties, as defined in
subdivision (e) (d) of Section
7521 7582.1 of the Business and
Professions Code. A violation of this subdivision is punishable by
imprisonment in a county jail for a term not to exceed six months, a
fine not to exceed one thousand dollars ($1,000), or both the
imprisonment and fine.
. . . . .
SEC. 22. Section 12807 of the Penal Code is amended to read:
12807. (a) The following persons, properly identified, are
exempted from the handgun safety certificate requirement in
subdivision (b) of Section 12801:(1) Any active or honorably retired
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.
. . . . .
(9) Any individual who has a valid concealed weapons
permit license issued pursuant to Section 12050.
. . . . .
(b) The following persons who take title or possession of a
handgun by operation of law in a representative capacity, until or
unless they transfer title ownership of the handgun to themselves in
a personal capacity, are exempted from the handgun safety certificate
requirement in subdivision (b) of Section 12801:
. . . . .
SEC. 23. Section 10334 of the Public Contract Code is amended to
read:
10334. (a) No state employee shall acquire any goods from the
state, unless the goods are offered to the general public in the
regular course of the state's business on the same terms and
conditions as those applicable to the employee. "State employee," as
used in this section, means any employee of the state included within
Section 82009 of the Government Code, and all officers and employees
included within Section 4 of Article VII of the California
Constitution, except those persons excluded from the definition of
"designated employee" under the last paragraph of Section 82019 of
the Government Code.(b) Notwithstanding subdivision (a), any peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, employed by the State of
California for a period of more than 120 months who has been duly
retired through a service retirement or a peace officer retiring from
a job-incurred disability not related to a mental or emotional
disorder and who has been granted the legal right to carry a
concealed firearm handgun pursuant to
paragraph (1) of subdivision (a) of Section 12027 of the
Penal Code may be authorized by the person's department head to
purchase his or her state-issued handgun. Disability retired peace
. . . . .
SEC. 24. Paragraph (11) of subdivision (b) of Section 12073 of the
Penal Code, as added by this act, is declaratory of existing law.
SEC. 25. Paragraph (3) of subdivision (d) of Section 12078 of the
Penal Code, as added by this act, is declaratory of existing law.
SEC. 26. 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.