BILL NUMBER: AB 2305 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2014
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.
State-mandated 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 thousand dollars ($1,000), or both that fine and
imprisonment.
(7) In all cases other than those specified in paragraphs (1) to
(6), 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.
(d)
( e) (1) Every person convicted under this
section who has previously been convicted of an offense enumerated in
Section 23515, or of any crime made punishable under a provision
listed in Section 16580, 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 the person be 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.