Amended  IN  Assembly  February 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 7

Introduced by Assembly Member Gipson
(Coauthor: Senator Portantino)

December 05, 2016

An act to amend Section 26350 of the Penal Code, relating to firearms. An act to amend Section 26400 of, to amend the heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of, and to amend the heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of, and the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 7, as amended, Gipson. Firearms: open carry.
Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm.
Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county.
This bill would prohibit the carrying of, and make it a crime to carry, an unloaded firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county.
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.

Existing law, subject to exceptions, makes it an offense to openly carry an exposed and unloaded handgun on the person outside a vehicle, or inside or on a vehicle, in or on a public place or public street, in an incorporated city or city and county or in a prohibited area of an unincorporated area of a county or city and county. Existing law provides that the offense is punishable as a misdemeanor, or as a misdemeanor with specified penalties if certain conditions apply.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 The heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read:
CHAPTER  7. Carrying an Unloaded Firearm That is not a Handgun in an Incorporated City or City and County

SEC. 2.

 The heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read:
Article  1. Crime of Carrying an Unloaded Firearm that is not a Handgun in an Incorporated City or City and County

SEC. 3.

 Section 26400 of the Penal Code is amended to read:

26400.
 (a) A Except as otherwise provided in Section 26405, a person is guilty of carrying an unloaded firearm that is not a handgun in an incorporated city or city and county when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the incorporated city or city and county. following areas:
(1) An incorporated city or city and county.
(2) A public place or public street in a prohibited area of an unincorporated area of a county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.
(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.
(2) 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 different provisions of law shall not be punished under more than one provision.
(d) Notwithstanding the fact that the term “an unloaded firearm that is not a handgun” is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.

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.
SECTION 1.Section 26350 of the Penal Code is amended to read:
26350.

(a)(1)A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:

(A)A public place or public street in an incorporated city or city and county.

(B)A public street in a prohibited area of an unincorporated area of a county or city and county.

(C)A public place in a prohibited area of a county or city and county.

(2)A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:

(A)A public place or public street in an incorporated city or city and county.

(B)A public street in a prohibited area of an unincorporated area of a county or city and county.

(C)A public place in a prohibited area of a county or city and county.

(b)(1)Except as specified in paragraph (2), a violation of this section is a misdemeanor.

(2)A violation of subparagraph (A) of paragraph (1) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if both of the following conditions exist:

(A)The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person.

(B)The person is not in lawful possession of that handgun.

(c)(1)Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.

(2)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 different provisions of law shall not be punished under more than one provision.

(d)Notwithstanding the fact that the term “an unloaded handgun” is used in this section, each handgun shall constitute a distinct and separate offense under this section.