BILL NUMBER: AB 2305	INTRODUCED
	BILL TEXT


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 introduced, 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. 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.   Every   A  person who 
does   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) 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) Carries the knife  upon   on or about
 the person.
   (c) Sells, offers for sale, exposes for sale, loans, transfers, or
gives the knife to any other person.
  SEC. 2.  Section 25400 of the Penal Code is amended to read:
   25400.  (a) A person is guilty of carrying a concealed firearm
 when   if  the person  does
  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  upon   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) A firearm carried openly in a belt holster is not concealed
within the meaning of this section.
   (c) 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  paragraph (1) of subdivision (c) of 
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) (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) The court shall apply the three-month minimum sentence as
specified in subdivision (d), 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) or by granting
probation or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), 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) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c) if the peace officer has probable
cause to believe that the person is not listed with the Department of
Justice pursuant to  paragraph (1) of subdivision (c) of
 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) 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) 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) (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) 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) 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) 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) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c), 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  paragraph (1) of subdivision (c) of
 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.