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AB-2305 Weapons.(2013-2014)

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Amended  IN  Assembly  April 10, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 2305


Introduced by Assembly Member Ridley-Thomas

February 21, 2014


An act to amend Sections 21510, 25400, and 25850 of the Penal Code, relating to weapons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2305, as amended, Ridley-Thomas. Weapons.
Under existing law, every person who carries a switchblade knife upon the person is guilty of a misdemeanor. Under existing law, a person is guilty of carrying a concealed firearm when the person carries concealed any handgun upon the person. Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person while in any public place or on any public street.
This bill would make it a misdemeanor to carry a switchblade knife on or about the person. The bill would make a person who carries concealed a handgun on or about the person guilty of carrying a concealed firearm. The bill would make any person who carries a loaded firearm on or about the person guilty of carrying a loaded firearm. The bill would define the term “on or about the person” for the purposes of these provisions and would make technical, conforming changes. By expanding the definition of a crime, this bill would impose a state-mandated local program.
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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21510 of the Penal Code is amended to read:

21510.
 (a) A person who commits any of the following acts with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor:

(a)

(1) Possesses the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public.

(b)

(2) Carries the knife on or about the person.

(c)

(3) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person.
(b) For purposes of this section, “on or about the person” includes upon the body of a person, in the attire or clothing of a person, in a bag or container carried by the person, or in close proximity to, within the immediate reach of, or conveniently accessible to, the person.

SEC. 2.

 Section 25400 of the Penal Code is amended to read:

25400.
 (a) A Except as otherwise provided by law, a person is guilty of carrying a concealed firearm if the person commits any of the following acts:
(1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed on or about the person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) For purposes of this section, “on or about the person” includes upon the body of a person, in the attire or clothing of a person, in a bag or container carried by the person, or in close proximity to, within the immediate reach of, or conveniently accessible to, the person.

(b)

(c) A firearm carried openly in a belt holster is not concealed within the meaning of this section.

(c)

(d) Carrying a concealed firearm in violation of this section is punishable as follows:
(1) If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.
(2) If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) If the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, 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:
(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(B) The person is not listed with the Department of Justice pursuant to Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

(d)

(e) (1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 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 the person 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 a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.

(e)

(f) The court shall apply the three-month minimum sentence as specified in subdivision (d), (e), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) (e) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), (e), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

(f)

(g) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c) (d) if the peace officer has probable cause to believe that 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, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (c) (d) is met.

SEC. 3.

 Section 25850 of the Penal Code is amended to read:

25850.
 (a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on or about the 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.
(b) 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 or about the 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.
(c) For purposes of this section, “on or about the person” includes upon the body of a person, in the attire or clothing of a person, in a bag or container carried by the person, or in close proximity to, within the immediate reach of, or conveniently accessible to, the person.

(c)

(d) Carrying a loaded firearm in violation of this section is punishable, as follows:
(1) Where the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.
(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) Where the person is not in lawful possession of the firearm, or is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) Where the person is not listed with the Department of Justice pursuant to Section 11106 as the registered owner of the handgun, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousande imprisoned for a period of at least three months.
(2) 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 section or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in this section, 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.

(e)

(f) A violation of this section 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.

(f)

(g) Nothing in this section, or in Article 3 (commencing with Section 25900) or Article 4 (commencing with Section 26000), shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a greater penalty than this section.

(g)

(h) Notwithstanding paragraphs (2) and (3) of subdivision (a) of Section 836, a peace officer may make an arrest without a warrant:
(1) When the person arrested has violated this section, although not in the officer’s presence.
(2) 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.

(h)

(i) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c), (d), if the peace officer has probable cause to believe that the person is carrying a handgun in violation of this section and that person is not listed with the Department of Justice pursuant to Section 11106 as the registered owner of that handgun.

SEC. 4.

 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.