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AB-1192 Firearms: retired peace officers.(2017-2018)

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Date Published: 04/20/2017 09:00 PM

Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  March 30, 2017


Assembly Bill No. 1192

Introduced by Assembly Member Lackey

February 17, 2017

An act to amend Section 16690 of the Penal Code, relating to firearms. firearms, and declaring the urgency thereof, to take effect immediately.


AB 1192, as amended, Lackey. Firearms: retired peace officers.
Existing law defines “honorably retired” for purposes of certain exceptions to the law involving the carrying of firearms by a retired peace officer.
The existing Safety For All Act of 2016, approved as an initiative statute at the November 8, 2016, statewide general election, makes it a crime for a person, commencing July 1, 2017, to possess a large-capacity magazine. Proposition 63 exempts from that prohibition the possession of a large-capacity magazine by honorably retired sworn peace officers. The existing act authorizes the Legislature to amend its provisions by statute approved by a 55% vote of each house if the amendments are consistent with, and further the intent of, the initiative statute.
This bill would amend that act by redefining the definition of “honorably retired” to include a retired reserve officer who has met specified length of service requirements.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 55%2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


 Section 16690 of the Penal Code is amended to read:

 (a) As used in Sections 25650 and 26020, Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4, Article 3 (commencing with Section 25900) of Chapter 3 of Division 5 of Title 4, and Section 32406, as added by Chapter 58 of the Statutes of 2016 and as added by Proposition 63, “honorably retired” includes:
(1) A peace officer who has qualified for, and has accepted, a service or disability retirement.
(2) A retired level I reserve officer who meets the requirements specified in paragraph (2) of subdivision (c) of Section 26300.
(b) As used in this section, “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that all honorably retired peace officers, including reserve officers, are properly equipped to defend themselves, their families, and the public, it is necessary for this act to take effect immediately.