BILL NUMBER: AB 1527	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Portantino and Ammiano

                        JANUARY 23, 2012

   An act to amend Sections 7574.14 and 7582.2 of the Business and
Professions Code, to add Section 25841 to the Government Code, to
amend Sections 626.92, 16520, 16750, 16850, 17295, 25850, 26035,
26040, 26055, and 26350 of, to add Sections 16505 and 26390 to, and
to add Chapter 7 (commencing with Section 26400) to Division 5 of
Title 4 of Part 6 of, the Penal Code, relating to firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1527, as introduced, Portantino. Firearms.
   Existing law prohibits, with exceptions, a person from possessing
a firearm in a place that the person knows or reasonably should know
is a school zone, as defined.
   This bill would additionally exempt a security guard authorized to
openly carry an unloaded firearm that is not a handgun and an
honorably retired peace officer authorized to openly carry an
unloaded firearm that is not a handgun from that prohibition.
   Existing law, subject to certain exceptions, makes it an offense
to carry a loaded firearm on 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.
   This bill would recast those provisions to make it an offense for
a person to carry a loaded firearm on his or her person or in a
vehicle in any public place or on any public street, public road, or
public highway in an incorporated city, or on his or her person in
any public place or on any public street in a prohibited area of an
unincorporated territory, or in a vehicle while in any public place
or on any public street, public road, or public highway in any part
of any unincorporated area.
   Existing law, subject to certain exceptions, makes it an offense
for a person to carry an exposed and unloaded handgun on his or her
person outside a motor vehicle or inside or on a motor vehicle in
public areas and public streets, as specified.
   This bill would include public roads and public highways in the
areas that a person is prohibited from carrying an exposed and
unloaded handgun, as specified.
   This bill would, subject to exceptions, make it a misdemeanor for
a person to carry an unloaded firearm that is not a handgun on his or
her person outside a motor vehicle in an incorporated city or city
and county and would make it a misdemeanor with specified penalties
if a person carries an unloaded firearm that is not a handgun outside
a motor vehicle in an incorporated city or city and county and the
person at the same time possesses ammunition capable of being
discharged from the unloaded firearm that is not a handgun, and the
person is not in lawful possession of the unloaded firearm that is
not a handgun, as specified. The bill would also authorize a county
board of supervisors to enact an ordinance that regulates the
carrying of unloaded firearms that are not handguns in unincorporated
areas of the county where the county has prohibited the discharge of
firearms, as specified.
   By creating a new offense, and expanding the scope of existing
crimes, this bill would impose a state-mandated local program.
   The bill would make conforming technical changes.
   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 7574.14 of the Business and Professions Code is
amended to read:
   7574.14.  This chapter shall not apply to the following:
   (a) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
   (b) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
   (c) A charitable philanthropic society or association incorporated
under the laws of this state that is organized and duly maintained
for the public good and not for private profit.
   (d) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
   (e) An attorney at law in performing his or her duties as an
attorney at law.
   (f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
   (g) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
   (h) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
   (i) A person engaged solely in the business of securing
information about persons or property from public records.
   (j) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt such a peace
officer who either contracts for his or her services or the services
of others as a private patrol operator or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
   (k) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry an unloaded and exposed handgun unless he or
she is exempted under the provisions of Article 2 (commencing with
Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the
Penal Code,  may not carry an unloaded firearm that is not a
handgun unless he or she is exempted under the provisions of Article
2 (commencing with Section 26405) of Chapter 7 of Division 5 of Title
4 of Part 6 of the Penal Code,  and may not carry a loaded or
concealed firearm unless he or she is exempted under the provisions
of Sections 25450 to 25475, inclusive, of the Penal Code or Sections
25900 to 25910, inclusive, of the Penal Code or has met the
requirements set forth in subdivision (d) of Section 26030 of the
Penal Code. However, nothing herein shall exempt the retired peace
officer who contracts for his or her services or the services of
others as a private patrol operator.
   (l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
   (m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
   (n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
   (o) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
   (p) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
   (1) The screening and monitoring access of employees of the same
employer.
   (2) The screening and monitoring access of prearranged and
preauthorized invited guests.
   (3) The screening and monitoring of vendors and suppliers.
   (4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
   (q) An armored contract carrier operating armored vehicles
pursuant to the authority of the Department of the California Highway
Patrol or the Public Utilities Commission, or an armored vehicle
guard employed by an armored contract carrier.
  SEC. 2.  Section 7582.2 of the Business and Professions Code is
amended to read:
   7582.2.  This chapter does not apply to the following:
   (a) A person who does not meet the requirements to be a
proprietary private security officer, as defined in Section 
7574.1   7574.01  , and is employed exclusively and
regularly by any employer who does not provide contract security
services for other entities or persons, in connection with the
affairs of the employer only and where there exists an
employer-employee relationship if that person at no time carries or
uses any deadly weapon in the performance of his or her duties. For
purposes of this subdivision, "deadly weapon" is defined to include
any instrument or weapon of the kind commonly known as a blackjack,
slungshot, billy, sandclub, sandbag, metal knuckles, any dirk,
dagger, pistol, revolver, or any other firearm, any knife having a
blade longer than five inches, any razor with an unguarded blade and
any metal pipe or bar used or intended to be used as a club.
   (b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
   (c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
   (d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.
   (e) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
   (f) An attorney at law in performing his or her duties as an
attorney at law.
   (g) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
   (h) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
   (i) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
   (j) A person engaged solely in the business of securing
information about persons or property from public records.
   (k) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt a peace officer
who either contracts for his or her services or the services of
others as a private patrol operator or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
   (l) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry an unloaded and exposed handgun unless he or
she is exempted under the provisions of Article 2 (commencing with
Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the
Penal Code,  may not carry an unloaded firearm that is not a
handgun unless he or she is exempted under the provisions of Article
2 (commencing with Section 26405) of Chapter 7 of Division 5 of 
 Title 4 of Part 6 of the Penal Code,  and may not carry a
loaded or concealed firearm unless he or she is exempted under the
provisions of Article 2 (commencing with Section 25450) of Chapter 2
of Division 5 of Title 4 of Part 6 of the Penal Code or Sections
25900 to 25910, inclusive, of the Penal Code or has met the
requirements set forth in subdivision (d) of Section 26030 of the
Penal Code. However, nothing herein shall exempt the retired peace
officer who contracts for his or her services or the services of
others as a private patrol operator.
   (m) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
   (n) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
   (o) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
   (p) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
   (q) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
   (1) The screening and monitoring access of employees of the same
employer.
   (2) The screening and monitoring access of prearranged and
preauthorized invited guests.
   (3) The screening and monitoring of vendors and suppliers.
   (4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
   (r) The changes made to this section by the act adding this
subdivision during the 2005-06 Regular Session of the Legislature
shall apply as follows:
   (1) On and after July 1, 2006, to a person hired as a security
officer on and after January 1, 2006.
   (2) On and after January 1, 2007, to a person hired as a security
officer before January 1, 2006.
  SEC. 3.  Section 25841 is added to the Government Code, to read:
   25841.  (a) A board of supervisors may enact an ordinance that
regulates the carrying of unloaded firearms that are not handguns
outside of a vehicle in the unincorporated area of a county where the
county has prohibited the discharge of firearms, if the ordinance
includes all of the exemptions set forth in the provisions of Article
2 (commencing with Section 26405) of Chapter 7 of Division 5 of
Title 4 of Part 6 of the Penal Code, and the penalty provisions are
established pursuant to Section 25132.
   (b) No ordinance authorized by this section shall regulate any of
the following firearms:
   (1) Firearms that are prohibited by any provision listed in
Section 16590 of the Penal Code.
   (2) Assault weapons.
   (3) Machineguns.
   (4) Antique firearms.
   (5) Destructive devices.
   (6) .50 BMG rifles.
   (c) Nothing in this section shall require that the board of
supervisors to adopt an ordinance pursuant to this section regulating
the carrying of firearms that are not handguns in all unincorporated
areas of that county where the county has prohibited the discharge
of firearms.
   (d) Nothing in this section shall prevent the board of supervisors
in adopting an ordinance pursuant to this section to include, in
addition to all of the exemptions set forth in the provisions of
Article 2 (commencing with Section 26405) of Chapter 7 of Division 5
of Title 4 of Part 6 of the Penal Code, additional exemptions that
the board deems advisable.
   (e) The following definitions apply for purposes of this section:
   (1) "Antique firearm" has the same meaning as set forth in
Sections 16170 and 16180 of the Penal Code.
   (2) "Assault weapon" has the same meaning as set forth in Sections
30510 and 30515 of the Penal Code.
   (3) "Destructive device" has the same meaning as set forth in
paragraph (3) of subdivision (a) of Section 16460 of the Penal Code.
   (4) "Firearm" has the same meaning as set forth in subdivisions
(a) and (c) of Section 16520 of the Penal Code.
   (5) "Handgun" has the same meaning as set forth in subdivision (a)
of Section 16640 of the Penal Code.
   (6) "Machinegun" has the same meaning as set forth in Section
16880 of the Penal Code.
   (7) "Unloaded" has the same meaning as set forth in subdivision
(b) of Section 17295 of the Penal Code.
   (8) ".50 BMG rifle" has the same meaning as set forth in Section
30530 of the Penal Code.
  SEC. 4.  Section 626.92 of the Penal Code is amended to read:
   626.92.  Section 626.9 does not apply to or affect any of the
following:
   (a) A security guard authorized to openly carry an unloaded
handgun pursuant to Chapter 6 (commencing with Section 26350) of
Division 5 of Title 4 of Part 6.
   (b) An honorably retired peace officer authorized to openly carry
an unloaded handgun pursuant to Section 26361. 
   (c) A security guard authorized to openly carry an unloaded
firearm that is not a handgun pursuant to Chapter 7 (commencing with
Section 26400) of Division 5 of Title 4 of Part 6.  
   (d) An honorably retired peace officer authorized to openly carry
an unloaded firearm that is not a handgun pursuant to Section 26405.

  SEC. 5.  Section 16505 is added to the Penal Code, to read:
   16505.  For purposes of Chapter 7 (commencing with Section 26400)
of Division 5 of Title 4, a firearm is "encased" when that firearm is
enclosed in a case that is expressly made for the purpose of
containing a firearm and that is completely zipped, snapped, buckled,
tied, or otherwise fastened with no part of that firearm exposed.
  SEC. 6.  Section 16520 of the Penal Code is amended to read:
   16520.  (a) As used in this part, "firearm" means any device,
designed to be used as a weapon, from which is expelled through a
barrel, a projectile by the force of any explosion or other form of
combustion.
   (b) As used in the following provisions, "firearm" includes the
frame or receiver of the weapon:
   (1) Section 16550.
   (2) Section 16730.
   (3) Section 16960.
   (4) Section 16990.
   (5) Section 17070.
   (6) Section 17310.
   (7) Sections 26500 to 26588, inclusive.
   (8) Sections 26600 to 27140, inclusive.
   (9) Sections 27400 to 28000, inclusive.
   (10) Section 28100.
   (11) Sections 28400 to 28415, inclusive.
   (12) Sections 29010 to 29150, inclusive.
   (13) Sections 29610 to 29750, inclusive.
   (14) Sections 29800 to 29905, inclusive.
   (15) Sections 30150 to 30165, inclusive.
   (16) Section 31615.
   (17) Sections 31705 to 31830, inclusive.
   (18) Sections 34355 to 34370, inclusive.
   (19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
   (c) As used in the following provisions, "firearm" also includes
any rocket, rocket propelled projectile launcher, or similar device
containing any explosive or incendiary material whether or not the
device is designed for emergency or distress signaling purposes:
   (1) Section 16750.
   (2) Subdivision (b) of Section 16840.
   (3) Section 25400.
   (4) Sections 25850 to 26025, inclusive.
   (5) Subdivisions (a), (b), and (c) of Section 26030.
   (6) Sections 26035 to 26055, inclusive.
   (d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
   (1) Subdivisions (a) and (c) of Section 16730.
   (2) Section 16550.
   (3) Section 16960.
   (4) Section 17310.
   (5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4. 
   (6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.  
   (6) 
    (7)  Sections 26500 to 26588, inclusive. 
   (7) 
    (8)  Sections 26700 to 26915, inclusive. 
   (8) 
    (9)  Section 27510. 
   (9) 
    (10)  Section 27530. 
   (10) 
    (11)  Section 27540. 
   (11) 
    (12)  Section 27545. 
   (12) 
    (13)  Sections 27555 to 27570, inclusive. 
   (13) 
    (14)  Sections 29010 to 29150, inclusive.
   (e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
   (f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   (g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
  SEC. 7.  Section 16750 of the Penal Code is amended to read:
   16750.  (a) As used in Section 25400, "lawful possession of the
firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the
lawful owner or a person who otherwise has apparent authority to
possess or have custody of the firearm. A person who takes a firearm
without the permission of the lawful owner or without the permission
of a person who has lawful custody of the firearm does not have
lawful possession of the firearm.
   (b) As used in Article 2 (commencing with Section 25850), Article
3 (commencing with Section 25900), and Article 4 (commencing with
Section 26000) of Chapter 3 of Division 5 of Title 4,  and
 Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4,  and Chapter 7 (commencing with Section 26400) of
Division 5 of Title 4,  "lawful possession of the firearm" means
that the person who has possession or custody of the firearm either
lawfully acquired and lawfully owns the firearm or has the permission
of the lawful owner or person who otherwise has apparent authority
to possess or have custody of the firearm. A person who takes a
firearm without the permission of the lawful owner or without the
permission of a person who has lawful custody of the firearm does not
have lawful possession of the firearm.
  SEC. 8.  Section 16850 of the Penal Code is amended to read:
   16850.  As used in Sections 17740, 23925, 25105, 25205, and 25610,
in Article 3 (commencing with Section 25505) of Chapter 2 of
Division 5 of Title 4,  and  in Chapter 6
(commencing with Section 26350) of Division 5 of Title 4,  and in
Chapter 7 (commencing with Section 26400) of Division 5 of Title 4,
 "locked container" means a secure container that is fully
enclosed and locked by a padlock, keylock, combination lock, or
similar locking device. The term "locked container" does not include
the utility or glove compartment of a motor vehicle.
  SEC. 9.  Section 17295 of the Penal Code is amended to read:
   17295.   (a)    For purposes of Chapter 6
(commencing with Section 26350) of Division 5 of Title 4, a handgun
shall be deemed "unloaded" if it is not "loaded" within the meaning
of subdivision (b) of Section 16840. 
   (b) For purposes of Chapter 7 (commencing with Section 26400) of
Division 5 of Title 4, a firearm that is not a handgun shall be
deemed "unloaded" if it is not "loaded" within the meaning of
subdivision (b) of Section 16840.
  SEC. 10.  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 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.   does any
of the following:  
   (1) Carries a loaded firearm on his or her person or in a vehicle
in any public place or on any public street, public road, or public
highway in an incorporated city.  
   (2) Carries a loaded firearm on his or her person in any public
place or on any public street in a prohibited area of an
unincorporated territory.  
   (3) Carries a loaded firearm in a vehicle while in any public
place or on any public street, public road, or public highway in any
part of any unincorporated area. 
   (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 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   under the circumstances described in
subdivision (a)  . 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)  (1)    Carrying a loaded firearm in
violation of  this section   paragraph (1) or
(2) of subdivision (a)  is punishable, as follows: 
   (1) 
    (A   )  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) 
    (B   )  Where the firearm is stolen and the
person knew or had reasonable cause to believe that it was stolen, as
a felony. 
   (3) 
   (C   )  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) 
    (D   )  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) 
    (E   )  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) 
    (F   )  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) 
    (G   )  In all cases other than those specified
in  paragraphs (1) to (6)   subparagraphs (A)
to (F)  , 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. 
   (2) Carrying a loaded firearm in violation of paragraph (3) of
subdivision (a) is 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. 11.  Section 26035 of the Penal Code is amended to read:
   26035.  Nothing in Section 25850 shall prevent any person engaged
in any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from  having 
 carrying  a loaded firearm within the person's place of
business, or any person in lawful possession of private property from
 having   carrying  a loaded firearm on
that property.
  SEC. 12.  Section 26040 of the Penal Code is amended to read:
   26040.  Nothing in Section 25850 shall prevent any person from
carrying a loaded firearm  in an area within an incorporated
city  while engaged in hunting, provided that the hunting at
that place and time is not prohibited by the  city council.
  Fish and Game Code and regulations adopted by the Fish
and Game Commission, and that the loaded firearm is not in a
vehicle. For purposes of this paragraph, the term "loaded firearm"
means, in the case of a handgun, the definition set forth in
subdivision (b) of Section 16840, and in the case of a shotgun or
rifle, the definition of loaded rifle or shotgun set forth in 
 Section 2006 of the Fish and Game Code   . 
  SEC. 13.  Section 26055 of the Penal Code is amended to read:
   26055.  Nothing in Section 25850 shall prevent any person from
 having   carrying  a loaded 
weapon   firearm  , if it is otherwise lawful, at
the person's place of residence, including any temporary residence or
campsite.
  SEC. 14.  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  , public road, or public highway  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  , public road, or public highway  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. 
   (D) Any public place or on any public street, public road, or
public highway in any part of an unincorporated area. 
   (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 to exceed 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.
  SEC. 15.  Section 26390 is added to the Penal Code, to read:
   26390.  Section 26350 does not apply to, or affect, the open
carrying of an unloaded handgun in any of the following
circumstances:
   (a) The open carrying of an unloaded handgun that is regulated
pursuant to Chapter 1 (commencing with Section 18710) of Division 5
of Title 2 by a person who holds a permit issued pursuant to Article
3 (commencing with Section 18900) of that chapter, if the carrying of
that handgun is conducted in accordance with the terms and
conditions of the permit.
   (b) The open carrying of an unloaded handgun that is regulated
pursuant to Chapter 2 (commencing with Section 30500) of Division 10
by a person who holds a permit issued pursuant to Section 31005, if
the carrying of that handgun is conducted in accordance with the
terms and conditions of the permit.
   (c) The open carrying of an unloaded handgun that is regulated
pursuant to Chapter 6 (commencing with Section 32610) of Division 10
by a person who holds a permit issued pursuant to Section 32650, if
the carrying is conducted in accordance with the terms and conditions
of the permit.
   (d) The open carrying of an unloaded handgun that is regulated
pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of
Division 10 by a person who holds a permit issued pursuant to
Section 33300, if the carrying of that handgun is conducted in
accordance with the terms and conditions of the permit.
  SEC. 16.  Chapter 7 (commencing with Section 26400) is added to
Division 5 of Title 4 of Part 6 of the Penal Code, to read:
      CHAPTER 7.  CARRYING AN UNLOADED FIREARM THAT IS NOT A HANDGUN
IN AN INCORPORATED CITY OR CITY AND COUNTY



      Article 1.  Crime of Carrying an Unloaded Firearm that is not a
Handgun in an Incorporated City or City and County


   26400.  (a) 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 the incorporated city or
city and 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.

      Article 2.  Exemptions


   26405.  Section 26400 does not apply to, or affect, the carrying
of an unloaded firearm that is not a handgun in any of the following
circumstances:
   (a) By a person when done within a place of business, a place of
residence, or on private property, if that person, by virtue of
subdivision (a) of Section 25605, may carry a firearm within that
place of business, place of residence, or on that private property
owned or lawfully possessed by that person.
   (b) By a person when done within a place of business, a place of
residence, or on private property, if done with the permission of a
person who, by virtue of subdivision (a) of Section 25605, may carry
a firearm within that place of business, place of residence, or on
that private property owned or lawfully possessed by that person.
   (c) When the firearm is either in a locked container or encased
and it is being transported directly between any place where a person
is not prohibited from possessing that firearm and the course of
travel shall include only those deviations between authorized
locations as are reasonably necessary under the circumstances.
   (d) If the person possessing the firearm reasonably believes that
he or she is in grave danger because of circumstances forming the
basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a threat
to his or her life or safety. This paragraph may not apply when the
circumstances involve a mutual restraining order issued pursuant to
Division 10 (commencing with Section 6200) of the Family Code absent
a factual finding of a specific threat to the person's life or
safety. Upon a trial for violating subdivision (a), the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.
   (e) By any peace officer or any honorably retired peace officer if
that officer may carry a concealed firearm pursuant to Article 2
(commencing with Section 25450) of Chapter 2, or a loaded firearm
pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
   (f) By any person to the extent that person may openly carry a
loaded firearm that is not a handgun pursuant to Article 4
(commencing with Section 26000) of Chapter 3.
   (g) As merchandise by a person who is engaged in the business of
manufacturing, importing, wholesaling, repairing, or dealing in
firearms and who is licensed to engage in that business, or the
authorized representative or authorized agent of that person, while
engaged in the lawful course of the business.
   (h) By a duly authorized military or civil organization, or the
members thereof, while parading or while rehearsing or practicing
parading, when at the meeting place of the organization.
   (i) By a member of any club or organization organized for the
purpose of practicing shooting at targets upon established target
ranges, whether public or private, while the members are using
handguns upon the target ranges or incident to the use of a firearm
that is not a handgun at that target range.
   (j) By a licensed hunter while engaged in hunting or while
transporting that firearm when going to or returning from that
hunting expedition.
   (k) Incident to transportation of a handgun by a person operating
a licensed common carrier, or by an authorized agent or employee
thereof, when transported in conformance with applicable federal law.

   (l) By a member of an organization chartered by the Congress of
the United States or a nonprofit mutual or public benefit corporation
organized and recognized as a nonprofit tax-exempt organization by
the Internal Revenue Service while on official parade duty or
ceremonial occasions of that organization or while rehearsing or
practicing for official parade duty or ceremonial occasions.
   (m) Within a gun show conducted pursuant to Article 1 (commencing
with Section 27200) and Article 2 (commencing with Section 27300) of
Chapter 3 of Division 6.
   (n) Within a school zone, as defined in Section 626.9, with the
written permission of the school district superintendent, the
superintendent's designee, or equivalent school authority.
   (o) When in accordance with the provisions of Section 171b.
   (p) By any person while engaged in the act of making or attempting
to make a lawful arrest.
   (q) By a person engaged in firearms-related activities, while on
the premises of a fixed place of business that is licensed to conduct
and conducts, as a regular course of its business, activities
related to the sale, making, repair, transfer, pawn, or the use of
firearms, or related to firearms training.
   (r) By an authorized participant in, or an authorized employee or
agent of a supplier of firearms for, a motion picture, television or
video production, or entertainment event, when the participant
lawfully uses that firearm as part of that production or event, as
part of rehearsing or practicing for participation in that production
or event, or while the participant or authorized employee or agent
is at that production or event, or rehearsal or practice for that
production or event.
   (s) Incident to obtaining an identification number or mark
assigned for that firearm from the Department of Justice pursuant to
Section 23910.
   (t) At any established public target range while the person is
using that firearm upon that target range.
   (u) By a person when that person is summoned by a peace officer to
assist in making arrests or preserving the peace, while the person
is actually engaged in assisting that officer.
   (v) Incident to any of the following:
   (1) Complying with Section 27560 or 27565, as it pertains to that
firearm.
   (2) Section 28000, as it pertains to that firearm.
   (3) Section 27850 or 31725, as it pertains to that firearm.
   (4) Complying with Section 27870 or 27875, as it pertains to that
firearm.
   (5) Complying with Section 27915, 27920, or 27925, as it pertains
to that firearm.
   (w) Incident to, and in the course and scope of, training of or by
an individual to become a sworn peace officer as part of a course of
study approved by the Commission on Peace Officer Standards and
Training.
   (x) Incident to, and in the course and scope of, training of or by
an individual to become licensed pursuant to Chapter 4 (commencing
with Section 26150) as part of a course of study necessary or
authorized by the person authorized to issue the license pursuant to
that chapter.
   (y) Incident to and at the request of a sheriff or chief or other
head of a municipal police department.
   (z) If all of the following conditions are satisfied:
   (1) The open carrying occurs at an auction or similar event of a
nonprofit public benefit or mutual benefit corporation at which
firearms are auctioned or otherwise sold to fund the activities of
that corporation or the local chapters of that corporation.
   (2) The unloaded firearm that is not a handgun is to be auctioned
or otherwise sold for that nonprofit public benefit or mutual benefit
corporation.
   (3) The unloaded firearm that is not a handgun is to be delivered
by a person licensed pursuant to, and operating in accordance with,
Sections 26700 to 26925, inclusive.
   (aa) Pursuant to paragraph (3) of subdivision (b) of Section 171c.

   (ab) Pursuant to Section 171d.
   (ac) Pursuant to subparagraph (F) of paragraph (1) of subdivision
(c) of Section 171.7.
   (ad) On publicly owned land, if the possession and use of unloaded
firearm that is not a handgun is specifically permitted by the
managing agency of the land and the person carrying that firearm is
in lawful possession of that firearm.
   (ae) By any of the following:
   (1) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Chapter 1 (commencing with Section 18710)
of Division 5 of Title 2 by a person who holds a permit issued
pursuant to Article 3 (commencing with Section 18900) of that
chapter, if the carrying of that firearm is conducted in accordance
with the terms and conditions of the permit.
   (2) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Chapter 2 (commencing with Section 30500)
of Division 10 by a person who holds a permit issued pursuant to
Section 31005, if the carrying of that firearm is conducted in
accordance with the terms and conditions of the permit.
   (3) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Chapter 6 (commencing with Section 32610)
of Division 10 by a person who holds a permit issued pursuant to
Section 32650, if the carrying of that firearm is conducted in
accordance with the terms and conditions of the permit.
   (4) The carrying of an unloaded firearm that is not a handgun that
is regulated pursuant to Article 2 (commencing with Section 33300)
of Chapter 8 of Division 10 by a person who holds a permit issued
pursuant to Section 33300, if the carrying of that firearm is
conducted in accordance with the terms and conditions of the permit.
   (af) By a licensed hunter while actually engaged in training a dog
for the purpose of using the dog in hunting that is not prohibited
by law, or while transporting the firearm while going to or returning
from that training.
  SEC. 17.  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.