Bill Text: CA AB373 | 2009-2010 | Regular Session | Introduced

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Bill Title: Firearms.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - Died at Desk. [AB373 Detail]

Download: California-2009-AB373-Introduced.html

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BILL NUMBER: AB 373	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 23, 2009

   An act to amend Section 12040 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 373, as introduced, Hagman. Firearms.
   Existing law makes it a crime to carry a firearm in public while
masked, and provides various exceptions to this requirement.
   This bill would make a technical, nonsubstantive change to
provisions making these exceptions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 12040 of the Penal Code is amended to read:
   12040.  (a) A person commits criminal possession of a firearm when
he or she carries a firearm in a public place or on any public
street while masked so as to hide his or her identity.
   (b) Criminal possession of a firearm is punishable by imprisonment
in the state prison or by imprisonment in a county jail not to
exceed one year.
   (c) Subdivision (a) shall not apply to the following:
   (1) A peace officer who is in the performance of his or her
duties.
   (2) Full-time paid peace officers of other states and the federal
government who are carrying out official duties while in this state.
   (3)  Any   A  person summoned by any of
the officers enumerated in paragraph (1) or (2) to assist in making
arrests or preserving the peace while he or she is actually engaged
in assisting that officer.
   (4) The possession of an unloaded firearm or a firearm loaded with
blank ammunition by an authorized participant in, or while
rehearsing for, a motion picture, television, video production,
entertainment event, entertainment activity, or lawfully organized
and conducted activity when the participant lawfully uses the firearm
as part of that production, event, or activity.
   (5) The possession of a firearm by a licensed hunter while
actually engaged in lawful hunting, or while going directly to or
returning directly from the hunting expedition.