PEOPLE v. CASTILLOLOPEZRespondent’s Request for Judicial NoticeCal.October 30, 2014KAMALAD. HARRIS SUPPEME COURT Attorney General of California im| Le D JULIE L. GARLAND CS IseTae Senior Assistant Attorney General OCT 30 2014 State Bar No. 179657 110 West A Street, Suite 1100 pp San Diego, CA 92101 Frank A. McGuire Clerk P.O. Box 85266 Deputy San Diego, CA 92186-5266 Telephone: (619) 645-2604 Fax: (619) 645-2581 E-mail: Julie.Garland@doj.ca.gov Attorneysfor Plaintiffand Respondent Iu the Suprenw Court of the State of California THE PEOPLE OF THE STATE OF CALIFORNIA, 5218861 | Plaintiff and Respondent, Fourth Appellate District, Division One No. D063394 San Diego Superior Court No. D063394 EMMANUEL CASTILLOLOPEZ, Defendant and Appellant. RESPONDENT’S MOTION FOR JUDICIAL NOTICE Respondentrespectfully moves this court, pursuant to Evidence Code sections 452 and 459 and California Rules of Court, rules 8.252(a) and 8.630(h), to take judicial notice of the relevant legislative history of Penal Code section 16470, which includes 1997 amendment to former Penal Codesection 12020 (the precursor statute to Penal Code -- section 16470). The relevant documents, which are appended to this motion as Exhibit A, include the following: 1. Penal Code section 16470; Former Penal Code Section 12020; Statutes, 1997, Chapter 158; Legislative Counsel’s 1997 Summary Digest; Senate Final History; Versions of Assembly Bill 78; Assembly Committee on Public Safety; Senate Committee on Public Safety; o e m N D Y F Y Senate Rules Committee, Office of Senate Floor Analyses; — S Governor’s Chaptered Bill File; and 11. Statements by Author of Bill, Assemblyman Brett Granlund. Eachofthe above attachedis the proper subject ofjudicial notice under Evidence Code section 452. Subdivision (c) of that provision provides thatjudicial notice may be taken of “Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.” | Pursuantto this authority, it is appropriate to take judicial notice of committee analyses and reports. (People v. Snyder (2000) 22 Cal.4th 304, 309 [judicial notice of senate committee analysis]; People v. Ledesma (1997) 16 Cal.4th 90, 98 [judicial notice of assemblybill analysis]; People v. Eubanks (1997) 14 Cal.4th 580, 591, fn. 3 [judicial notice of committee reports].) Dated: October 29, 2014 Respectfully submitted, KAMALAD. HARRIS Attorney General of California Gung. JULIE L. GARLAND Senior Assistant Attorney General Attorneysfor Plaintiffand Respondent $D2014808722 70972383.DOC EXHIBIT A Tpo#5 778 LEGISLATIVE INTENT Requester: Meagan Beale/Julie Garland Date received: 7 May 2014 Telephone: Needed by: City/Room: San Diego Completed: 9 May 2014 STATS: 1997 CHAPTER: 158 CODE: former Penal § 12020 BILL: AB 78 AUTHOR: Assemblyman Granlund Summary Digest: X Final History: X Bill Forms: X LEGISLATIVE POLICY COMMITTEE ANALYSES: Assembly Committee: Public Safety Senate Committee: Public Safety; Rules THIRD READING ANALYSES: Assembly Republican Caucus (ARC) (1973- ): % Senate Floor Analyses (SFA) (1985- ): X GOVERNOR'S CHAPTERED BILL FILE (GCBF): Gov. Pete Wilson donated his file for AB 78 (1997) to the California State Archives. AUTHOR'S FILE: The author of the bill, Assemblyman Brett Granlund, also provided a file for the bill to the Calif. State Archives. This file includes statements by Granlund, correspondence and background information. Other: 3°° reading analyses (AG’s Law Library) NOTES: Stats 1997 Ch. 158 (AB 78) made a variety of changes to California’s firearms and weapons laws. The enacted law amended former Penal § 12020. Current Penal § 16470 (added by Stats 2010 Ch. 711) continues former Penal § 12020 (c) (24) without substantive change. This legislative history includes a copies of former Penal § 12020 before the passage of AB 78 (1997). All of the committees that worked on the legislation provided their bill files to the California State Archives. Committee analyses and information about the bill can also be found at the Legislative Counsel’s web site at http://www.leginfo.ca.gov/bilinfo.html The pdf for this legislative history has been OCRed (press Ctrl and F to key~- word search within pdf document). oy [Aepace Jof¥ Tochtey¥man (916) 322-3375 Rev. 9-1-2011 k* RUSH K & 00001 The firstsection ofthis legislative history oo contains theseitems in the order listed: - — thecodesections ofinterest to therequestor ~~ the statute/chapiersed version‘of the legislation os the legislative counsel'ssummarydigest ofthe statute oo the Senate or Assembly.final history of thelegislation aaeversionsof the legislative bill | | - goo02 This isthe current ‘code section. foofinterest. 00003 West's ANNOTATED CALIFORNIA CODES COPBIBIWIDITS” PENAL CODE Sections 13800 to 18709 Official California Penal Code — Classification WEST, ". A Thomson Reuters business MAT#41146885 00004 @ 2012 Thomson Reuters This publication was created to provide you with acourate and authoritative information co ncerning the subject matter covered; however, this publication was not necessarily prepared by persons licensed to practice law in a particular jurisdiction, The publisher is not engaged in rendering l egal or other professional advice and this publication is not.a substitute for the advice of an att orney. If you require iegal or other expert advice, you should seek the services of a competent attorney or other prof essional. West's and Westlaw are registered in the U.S, Patent and TrademarkOffice. ANNOTATED CALIFORNIA CODESis a trademark of West Publishing Corporation. 00005 Control of Deadly Weapons Pt. 6 § 16470 8 16470. Dirk defined; dagger defined As used in this part, “dirk” or ‘dagger’? means a knife or other instrument with or without a handguard that is capable of ready use as a stabbingweapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that mayinflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (Added by Stats.2010, c. 711 ($.B.1080), § 6, operative Jan. 1, 2012.) Law Revision Commission Comments 2010 Addition Section 16470 continues former Section 12020(c)(24) without substantive change. See also former Section 12028(a), which referred to former Section 12020. [38 CGal.L.Rev.Comm. Reports 217 (2009)]. Historical and Statutory Notes Section 10 of Stats.2010, c. 711 (S.B. 1080), provides: -“SEC, 10. Sections 7 and 9 of this act be- come operative on January 1, 20L1. The re- mainderof this act becomes operative on Janu- ary 1, 2012.” Derivation Former § 12020, added by Stats.1953, c. 36, p. 653, § 1, amended by Stats.1961, c, 996, p. 2645, § 1; Stats.1965, c. 36, p. 915, § 2; Stats, 1973, c. 732, p. 1316, § 2, eff. Sept. 25, 1973; Stats.1974, c. 141, p. 283,§ L, eff. April 4, 1974; Stats,1975, c. 1161, p. 2876, § 1; Stats.1976, c. 1139, p. 5160, § 302, operative July 1, 1977; Stats.1976, c. 1140, § 2; Stats.1976, c. 1140, § 3, operative July 1, 1977; Stats.1977, c. 857, p. 2596, § 1; Stats.1978, c. 70, p. 193, § 1, eff. March 29, 1978; Stats.1979, c. 78, p. 187, $ 1, eff, May 22, 1979; Stats.1983, c. 1129, § 1; Stats.1984, c, 1414, § 3; Stats.1984, c. 1562, § 1.1; Stats.1986, c. 1421, § 1; Stats,1987, c. 1461, § 1; Stats.1988, c, 512, § 1; Stats.1988, c. 1191, § Ll; Stats.1988, c. 1269, § 2.7; Stats. 1989, c. 358, § 1; Stats.1990, c. 350 (S.B.2084}, § 17; Stats.1990, c. 1690 (A.B.376), § 1; Stats. 1993, c, 357 (A.B.1266), § 1; Stats.1993, c. 1139 (S.B.180), § 2; Stats.1994, c. 23 (AB. 482), § 4; Stats.1995, c. 128 (A.B.1222), § 2; Stats.1997, c. 158 (4A.B.78), § 1; Stats.1997, c. 593 (A.B.202), § 1.5; Stats.1999, c. 111 (S.B. 359), § 2, eff. July 13, 1999; Stats.1999, c, 129 (S.B.23), § 3.5; Stats.2000, c. 287 (S.B.1955), § 22: Stats.200i1, c. 130 (S.B.578), § 1; Stats. 2001, c. 937 (S:B.626), § 1; Stats.2004, c. 247 (A.B.1232), § 7, eff. Aug. 23, 2004; Stats.2008, c. 699 (S.B.1241), § 18, Stats.19f7, c. 145, p. 221, § 1; Stats.1923, c¢, 339, p. 696, § 1; Stats.1925, c. 323, p. 542, § 1; Stats.1935, c. 753, p. 2120, § i. Cross References Penalty for possession of deadly weapon described in this section within State Capitol, legislative offices, etc., see Penal Code § 17ic. Possession of deadly weapons with intent to assault, see Penal Code § 17500. Unlawful concealed carrying of dirk or dagger deemed nuisance, see Penal Code § 21390. Law Review and Journal Commentaries Applicability of statutes prohibiting carrying of concealed weapons, concealment in automo- bile. 2S. Cal, L. Rev. 83 (1928). Carrying concealed weapons, prohibited places for carrying weapons, 17 Cal. L. Rev. 312 (1929). Research References Encyclopedias Cal. Jur. 3d Criminal Law: Crimes Against Justice § 211, Knives, Stabbing, or Blud- geoning Instruments. Treatises and Practice Aids California Jury Instructions - Criminal, 6th Ed. 12.41, Carrying a Concealed Dagger or Explosive Substance--Weapon Defined. 2 Witkin Cal, Crim. L. 3d Crimes Against Peace Welf § 162, (S 162) Concealed Dirks or Explosives. 352 00006 PRELIMINARY PROVISIONS § 16490 Title 1 United States Supreme Court Weapons, unlawful possession, knowledge, 1793, 511 U.S, 600, 128 L.Ed.2d 608, on re- see Staples v. U.S., U.S,Okla.1994, 114 S.Ct. mand 30 F.3d 108. 8 16480. DOSCertified Instructor defined . Use of the term “DOJ Certified Instructor”is governed by Section 16370. (Added by Stats.2010, c. 711 (S.B.1080), § 6, operative Jan. 1, 2012.) . _Law Revision Commission Comments 2010 Addition Section 16480 is new. It is intended to help of ‘‘certified instructor.” [38 Cal.L.Rev.Comm. persons locate the definition of “DOJ Certified Reports 217 (2009)]. Instructor,”’ which is the same as the definition Historical and Statutory Notes Section 10 of Stats.2010, c. 711 (S.B.1080), mainderof this act becomes operative on Janu- provides: ary 1, 2012.” “SEC. 10. Sections 7 and 9 of this act be- come operative on January 1, 2011. The re- § 16490. Domestic violence defined As used in this part, “domestic violence’ means abuse perpetrated against any of the following persons: . (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined in Section 6209 of th Family Code. (c) A person with whom the respondent is having or has had a dating or engagement relationship. (d) A person with whom the respondent has had a child, where the presump- tion applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code). . (e) A child of a party or a child whois the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parentis the father of the child to be protected. (f) Any other person related by consanguinity or affinity within the second degree. (Added by Stats.2010, c. 711 (S.B.1080), § 6, operative Jan. 1, 2012.) Law Revision Commission Comments 2010 Addition Section 16490 continues former Section 12028.5{a)(2) without substantive change. [38 Cal.L.Rev.Comm. Reports 217 (2009)]. 353 00007 Page 1 ) LexisNexis" 1 of 1 DOCUMENT DEERING'S CALIFORNIA CODES ANNOTATED Copyright (c) 2014 by Matthew Bender & Company,Inc, a memberofthe LexisNexis Group. All rights reserved. *** This document is current through Chapter 13 of *** the 2014 Regular Session of the 2013-2014 Legislature. PENAL CODE Part 6. Control of Deadly Weapons Title 1, Preliminary Provisions Division 2. Definitions GO TO CALIFORNIA CODES ARCHIVE DIRECTORY Cal Pen Code § 16470 (2014) § 16470. "Dirk"; "Dagger" As used in this part, "dirk" or "dagger" means a knife or other instrument with or without a handguard thatis capable ofready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable ofready use as a stabbing weaponthat may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. HISTORY: Added Stats 2010ch 711 § 6 (SB 1080),effective January 1, 201 1, operative January 1, 2012. NOTES: Note Stats 2010 ch 711 provides:. SEC. 10, Sections 7 and 9 of this act become operative on January 1, 2011. The remainderofthis act becomes operative on January 1, 2012. Law Revision Commission Comments: 00008 Page 2 Cal Pen Code § 16470 2010 Section 16470 continues former Section 12020(c)(24) without substantive change. See also former Section 12028(a), which referred to former Section 12020. Collateral References: Judicial Council of California Criminal Jury Instructions (LexisNexis Matthew Bender), CALCRIMNo. 2501, Carrying Concealed Explosive or Dirk or Dagger. oO Hierarchy Notes: Pt, 6 Note Pt. 6, Tit. 1 Note Pt. 6, Tit. 1, Div. 2 Note NOTES OF DECISIONS1. Constitutionality 2. Evidence - Decisions Under Current Section 1. Constitutionality Decisions Under Former Pen C § 12020 1, Generally 2. Construction 3. Construction with Other Law 4. Instructions Editor's Notes Foradditional Decisions Under Former Pen C § 12020, see current Pen C § 16590. 1. Constitutionality Phrase "lockedinto position," when givenits plain and commonsense meaning,is sufficiently definite to provide fair notice to people ofordinary intelligence-that in order for a concealed folding knife or pocketknife to be a dirk or dagger within the meaning ofPen C §§ 16470 & 21310, the blade must be not only exposed, but also firmly fixed in place or securely attached so as to be immovable. People v. Castillolopez (2014, 4th Dist) 2014 Cal App LEXIS 334. Phrase "locked into position," when given its plain and commonsense meaning,is sufficiently definite to provide fair noticeto people of ordinary intelligence regarding what constitutes a prohibited dirk or dagger within the meaning ofPen C §§ 16470 & 21310. People v. Castillolopez (2014, 4th Dist) 2014 Cal App LEXIS 334. Statutory definition of dirk or dagger - including the phrase “lockedinto position", codified in Pen C § 16470,is not unconstitutionally vague. People v. Castillolopez (2014, 4th Dist) 2014 CalApp LEXIS 334. 2. Evidence 00009 Page3 Cal Pen Code § 16470 Because there was no substantial evidence from whicha rationaltrier of fact could reasonably find beyond a ‘ reasonable doubtthatthefully opened or exposed blade ofthe concealed folding Swiss Army knife defendant was carrying at the time of his arrest was firmly fixed in place or securely attached so as to be immovable, such that it was locked into position within the meaning ofPen C $ 16470, there was no substantial evidence to support the jury's verdict that defendant carried a concealed dirk or dagger in violation ofPen C § 21310. People v. Castillolopez (2014, 4th Dist) 2014 Cal App LEXIS 334. Decisions Under Current Section 1. Constitutionality Nofacial violation of the Second Amendmentright to bear arms in self-defense arises from the prohibition on carrying a concealed dirk or dagger. The court reasonedin part that, under the definition of "dirk or dagger" in former Pen C § 12020(c}{24), the prohibition is narrowly restricted to concealed stabbing instruments that pose a serious threat to physical safety. People v. Mitchell (2012, 4th Dist) 208 Cal App 4th 1213, 146 Cal Rpir 3d224, 2012 Cal App LEXIS 922, superseded, (2012, 4th Dist) 209 Cal App 4th 1364, 148 Cal Rptr 3d 33, 2012 Cal App fous 1064. Decisions Under Former Pen C § 12020 1. Generally Pen C'§ 12020(a) [Repealed], proscribes some weapons that are inherently dangerous, and someinstruments that are not designed for use as weapons but canbe used to woundor kill. The Legislature sought to outlaw the classic instruments of violence and their homemade equivalents, The Legislature soughtlikewise to outlaw possession of the sometimes-useful object whenthe attendant circumstances, including the time,place, destination of the possessor, the alteration of the object from standard form, and other relevant facts indicated that the possessor would use the object for a dangerous, not harmless, purpose, People v. Mowatt (1997, CalApp 1st Dist) 56 Cal App 4th 713, 65 Cal Rptr 2d 722, 1997 Cal App LEXIS 585. 2, Construction A belt buckle knife worn by defendant with a fixed blade of two and one-half to three inches in length and a handle doubling as a belt buckle, whose only practical use was for stabbing, was a dirk or dagger as set forth in Pen C§ 12020(a) [Repealed], as a matter of law, and when wornas inteuded presented a threat to public order. Peopie v. McClure (1979, Cal App Dep't Super Ct) 98 CalApp 3dSupp 31, 160 Cal Rptr 83, 1979 Cal App LEXIS 2350. In order to constitute a "dirk or dagger"within the meaning ofPen C § 12020(a) [Repealed] (concealed weapons), a knife must possess certain minimumcharacteristics, including a straight, locking blade; a handguard to preventthe hand ofthe user slipping onto the bladeifthe knife is used for stabbing; a handle; a symmetrical, tapering blade with two, three, or even four edges and a sharp point; and, perhaps, a blade ofmore than a certain minimum length. Accordingly, ajuvenile was improperly found to have unlawfully carried a concealed dirk or daggerin violation of § 12020 (a) [Repealed], where the knife-like instrument he had, although dangerous, was sharpened on only one side of its curved blade, had no handguard, and had only a one and one- half inch blade. In re Conrad V. (1986, Cal App 2d Dist) 176 Cal App 3-775, 222 Cal Rptr 552, 1986 CalApp LEXIS 2478. It was not error to revoke defendant's probation for violating Pen C § 12020(a) [Repealed] (carrying concealed dirk or dagger), even thoughthe knife he was wearing had no handguard, had a short blade, and was shatpened on only one side, The knife was wedge-shaped and wastwo and one-quarter inches long. One side was sharper than the other, but both sides narrowed to an edge that was thinnerthan at the center. The handlewas on the sameplane as the blade and was positionedso thatit fitted into the palm ofthe hand with the blade protruding from between the middle fingers. The knife was a dagger, as matter of law, within the meaning ofthe statute; not only wasit fitted primarily for stabbing,it was fitted for practically no other use. People v. Pettway (1991, Cal App Ist Dist) 233 Cal App 3d 1067, 285 Cal Rpir 147, 1992 Cal App LEXIS 992, review denied, (1991, Cal) 1997 Cal LEXIS 5143, , In a prosecution for possession of a concealed dirk or dagger (Pen C §$ 12020fa) [Repealed]), the trialcourt erred in 00010 Page 4 Cal Pen Code § 16470 denying defendant's motion to exclude the knife from evidence, which motion was made on the ground that the knife was not a "dirk or dagger" as a matter of law. The terms "dirk or dagger" are to be strictly construed, but in allowing the jury to consider defendant's intent in possessing the knife, the court permitted a commonbread knife to be transformed into a dirk or dagger. The knife had characteristicsthat substantially limited its effectiveness as a stabbing instrument; it had no sharp edges, no stabbing point, no handguards, andnostiffblade. It was not a dirk or dagger as a matter of law. People v. Barrios (1992, Cal App 5th Dist) 7 Cal App 4th 501, 8 Cal Rptr 2d 666, 1992 Cal App LEXIS 776. Defendant was improperly convicted of possession of a dirk or dagger in violation ofPen C $ 12020(¢)(24) [Repealed], which proscribes only instruments "capable ofready use as a stabbing weapon," where the device possessed by defendant required some degree ofassembly to be used as a knife, and was thus not so "capable." The device had to be unscreweda full five revolutions to expose the blade, then screwedfive revolutionsto attach the bladeto the handle. For the entire period of time necessary for assembly, the device was useless as a stabbing weapon;the blade could not realistically be used unless it was attached to the handle. The "capable ofready use" requirement excludes from the definition of dirk or dagger a device carried in a configuration that requires assembly before it can be utilizedas a weapon. People y, Sisneros (1997, Cal App 2dDist) 57 CalApp 4th 1454, 67 Cal Rptr 2d 782, 1997 Cal App 1.LEXIS 783, teview denied, (1997, Cal) 1997 Cal LEXIS 8568. Defendant's conviction under Pen C § 12020 [Repealed], for carrying a concealed dirk or dagger required reversal, since the hunting knife he was charged with carrying was not a "dirk or.dagger" as defined by the statute at the time of his alleged offense. In 1993,the Legislature enacted the definition governing defendant's case, defining "dirk or dagger" to mean a "knife or other instrument...primarily designed, constructed,or altered to be a stabbing instrument designed to inflict great bodily injury or death" (Pen C § 12020(c)(24) [Repealed]). Although the 1995 Legistature changed the . definition to encompass both inherently dangerous stabbing weaponsand instruments intended for harmless use butalso capable ofinflicting serious harm, defendant was prosecuted under the 1994 statute, and the courtwas bound to apply ‘the earlier law. TheLegislature intended the term"dirk or dagger" in Pen C § 12020 [Repealed], to be strictly construed. A bunting knife like defendant's was primarily designed for use as a cutting implementin recreational activities, not as a stabbing weapon. Moreover, although defendantattempted to use the knife as a weapon,thetrial court properly instructed the jury it was not to consider defendant's intent in possessing the knife. The statutory definition focused solely on the designofthe dirk or dagger, and Pen C§ 12020 (a) [Repealed], proscribes possession of a concealed dirk or dagger, not its use. People y. Mowatt (1997, Cal App Ist Dist) 56 Cal App 4th 713, 65 Cal Rpir 2d 722, 1997 Cal App LEXIS 585. The unlawful carrying ofa concealed ditk or dagger.(Pen C § 12020 [Repealed]) is not a specific intent crime that imposes a sua sponte duty on trial courts to instruct with CALJIC No. 12.42. The relevant language of § 12020 [Repeated] is unambiguous and establishes that carrying a concealed dirk or dagger does notrequire an intent to use the concealed instrument as a stabbing weapon. Accordingly, defendant's intended use is not an element of the crime and no further mental state beyond willing commission ofthe act proscribed by law is necessary. However,this does not make the crimea strict liability offense or eliminate the mens rea requirement; a defendant who does not knowthatheis carrying a stabbing weapon orthat the concealed instrument may be used as a stabbing weaponis not guilty ofviolating the statute, People v. Rubalcava (2000) 23 Cal 4th 322, 96 Cal Rpir 2d 735, [ P3d 52, 2000 Cai LEXTS 4550. A minoron probation was improperly found to have had in his possession a dirk or dagger, where the object at issue, which functioned like a classic pocketknife but resembled a cassette tape, fell within the pocketknife exception to Pen C§ 12020/(a) [Repealed]. The intent ofthe Legislature in enacting the pocketknife exception was to avoid criminalizing the carrying of knives that were not capable ofready use because they were carried in a closed, secured state and the knife blade here could not be extracted from its slot without using both hands. in re Luke W. (2001, Cal App ist Dist) 88 CalApp4th 650, 105 Cal Rptr 2d 905, 2001 Cal App LEXIS 300, , 3. Construction with Other Law Switchblade knife as defined in Pen C § 653k [Repealed] can also be a dirk or dagger concealed onthe person as 00011 Page 5 Cal Pen Code § 16470 defined in Pen C § 12020 [Repealed], evenif it is concealed in its closed position. People v, Plumlee (2008, Sth Dist) 166 CalApp 4th 935, 83 Cal Rpir 3d 172, 2008 Cal App LEXIS 1410, review denied, People v. Plumlee (Gary) (2008, Cal.) 2008 Cal.LEXIS 14104. 4, Instructions In a prosecution for possession of a concealed dirk or dagger (Pen C§ 12020(a) [Repealed]), the trial court did not err by refusing to instruct the jurors that they could consider defendant's intent in possessing the weapon when deciding whether he possessed a dirk or dagger within the meaning ofthe statute. The terms "dirk" and "dagger" are to bestrictly construed, and evidencerelating to the possessor's intended use of the weapon, whether used to expand or constrict the class of weapons that qualify as dirks or daggers, is irrelevant and should not be considered by the trier of fact when deciding whether a given knife qualifies. The California Supreme Court has both approved the definition of the termsas written and consistently decided this type of case based solely onthe physical characteristics of the weapon.It is not the use of the weaponthat is being proscribed by statute, but its possession. Moreover, although defendant asserted that the shortness of the blade and the fact that it was sharpened on only oneside limited its use as a stabbing instrument, the jury found otherwise, and defendant did not challenge the sufficiency of the evidence to support the jury's determination, nor did he claim the knife was not a dirk or dagger as a matter of law. People v. Gonzales (1995, Cal App Sth Dist) 32 Cal App 4th 229, 38 Cal Rptr 2d $2, 1995 Cal App LEXIS 110. ' In @ prosecution for carrying a concealed "dirk or dagger," (Pen C§ 12020(a), (c)(24)), the trial court's faiture to instruct the jury sua sponte regarding intent to use a concealed instrument as a "stabbing weapon" was notprejudicial error. Thetrial court's failure to do so, though erroneous, was harmless. During his closing argument, defendant's trial counsel clearly conceded that the knives found on defendant's person metthe statutory definition of "dirk or dagger." This concession placed the "dirk or dagger" element outside the scope of matters the trier of fact had to decide. In sucha situation,it is certain there is no possibility the trial court's failure to instruct affected the result. People v. Aubrey (1999, Cal App Ist Dist) 70 Cal App 4th 1088, 83 Cal Rptr 2d' 209, 1999 Cal App LEXIS 224, overruled in part People v. Rubalcava (2000) 23 Cal 4th 322, 96 Cal Rptr 2d 735, 1 P3d 52, 2000 Cal LEXIS 4550, 00012 en, - ‘This is the code section ~ as it was prior to the passageofthe bill, 00013 West’s California Codes PENAL CODE 1996 Compact Edition With Selected Penal Provisions From California Constitution, Business and Professions Code, Code of Civil Procedure, Health and Safety Code, Vehicle Code, Welfare and Institutions Code, and California Rules of Court CALIF. ATTY. GEN'L LISRARY JAN ~2 1996 LOS ANGELES | OFFICIAL CLASSIFICATION Includes Laws through the 1995 portion of the 1995-1996 Regular and First andSecond Extraordinary Sessions WEST PUBLISHING CO. ST, PAUL, MINN, 00014 883 CONTROL OF DEADLY WEAPONS § 12020 Section iffs’ offices, marshals’ offices, the California Highway Patrol, 02 « i i 5 oy B y 12026. Persons exempt; weaponsat residence, place ofbusiness, of the Departmentof Justice, or the military or naval forces of 12026 1 Authority Toeoror Oeeealatlefecorms this state or of the United States for use inthe discharge of 12026,2. Cartying concealed firearms offenses; exemptions. their official duties or the possession of short-barreled shot- 12027. Persons exempt. guns and short-barreled rifles by regular, salaried, full-time 12027.1. Retired peace officer; revocation. of authorization for members of apolice department, sheriff's office, marshal’s concealed firearm; hearing; retirement due to psycholog- office, the California Highway Patrol, or the Department of ical disability. Justice when on duty and the use is authorized by the agency 12028. Firearms and other weapons as nuisance; surrender of and is within the course and scope of their duties. destruction. € at public auction; restoration to owner; (2) The manufacture, possession, transpoitation or sale of 12028.5. Family violence incidents; temporary custodyoffirearms by short-barreled shotguns or short-barreled rifles w hen autho- officers; receipt; release to owner; attorney fees; restor- nized by the Department of Justice pursuant to Article 6 ing firearms to lawful owners; notice; hearing; default; (commencing with Section 12095) of this chapter and not in immunities. ; violation of federal law. — 12029. aanrelearationeaevidence, confiscation and destruction, (3) The possession of a nunchaku on the premises of a 12030, Firearms; delivery to armed forces or law enforcement school which holds a regulatory or business license and teache agency. the arts of self-defense. oe 12031. Carrying Joaded firearms; misdemeanor; punishment; ex- (4) The manufacture of a nunchaku for sale to, or the sale 1203.1 Devnesdesigned for emergency or distress signaling of a nunchakuto, a school which holds a regulatory or business 12031.5. Prior conviction of § 12031 violation; carrying loaded license and teaches the arts of self-defense. firearm; recreational sports requiring firearms. (5) Any antique firearm. For purposes of this section, 12032, Destruction of firearms otherwise subject to sale as aban- “antique firearm” means any firearm not designed or rede- doned, etc, property. oo, signed for using rimfire or conventional center fire ignition 12033. Security and armored vehicle guards; eaeA with fixed ammunitionand manufactured in or before 1898 and patrol operators; completion of courses in firearms (including any matchlock,flintlock, percussion cap, or similar and powers of arrest; certificate. / f ipniti , lica th f wheth tuall 12034, Driver or owner of motor vehicle permitting firearms in type ° ignt fon system or replica thereot, whether actually vehicle, or discharge of firearms from vehicle; punish- manufactured before or after the year 1898) and also any ment; willful or malicious discharge of firearms from firearm using fixed ammunition manufactured in or before motor vehicle; felony or public offense. 1898, for which ammunition is no longer manufactured in the 12035, Storageof fireartas accessible to children; offense; punish- United States and is not readily available in the ordinary ment; legislative intent. channels of commercial trade, 12040. Criminal possession of firearms, punishment; exclusions. Cross References Force, right to use, see Civil Code § 50. Reports by hospitals or health facilities of injuries inflicted by a knife, gun, pistol or other deadly weapon, see Penal Code § 11160, Right to defend life and property, see Const. Art. 1, § 1. § 12020. Manufacture, import, sale, supply or possession of certain weapons and explosives; punishment; exceptions; definitions | ; (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which con- tains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries con- cealed uponhis or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year orin the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 42301. (b) Subdivision (a} does not apply to any of the following: (t) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sher- (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition whichis a curio orrelic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (com- mencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, Any person prohibited by Section 12021, 12021.1, or 12101 of this code cr Section 8100 cr 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to theseitems by bequest orintestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunitionbysale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). (8) Any other weapon as defined. in subsection (e) of Section 5845 of Title 26 of the United States Code and whichis in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, ot 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these. weapons who obtains title to, these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shal! transfertitle to the weaponsbysale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemptionprovided in this subdivision does not apply to pen guns. 00015 § 12020 (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, andinstitutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device is a firearm, unloaded, (10) Instruments or devices, other than short-barreled shot- guns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized partici- pant therein in the course of making that production or event or by an authorized employee oragent of the entity producing that production or event. (11) Instrumentsor devices, other than short-barreled shot- gunsor short-barreledrifles, that are sold by, manufacturedby, exposed or kept for sale by,possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device; or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. (13) Weapons, devices, and ammunition, other than a short- barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunitionlisted in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batonsto special police officers or uniformed security guards authorized to carry any woodenclub or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when cngaging in transactions with those persons. (c)(1) As used in this section, a “‘short-barreled shotgun” means any of the following: (A) A firearm whichis designed or redesigned to fire a fixed shotgun shell and having a barre! or barrets of less than 18 inches in length, (B) A firearm which has an overall length of less. than 26 inches. and which is designed or redesigned to fire a fixed shotgun shell. , (C) Any weapon made from a shotgun (whether by altera- tion, modification, ar otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. {D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intend- ed to convert a device into a device defined in subparagraphs (A) to (C),inclusive, or any combination of parts fromwhich a device defined in subparagraphs (A) to (C), inclusive, can be readily assernbled if those parts are im the possession or under the control of the same person. CRIME PREVENTION 884 (2) As used in this section, a “short-barreled rifle’ means anyof the following: (A) A rifle having a barrel or barrels of less than 16 inches in length. (B) A rifle with an overall length of less than 26 inches, (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches or a barrel.or barrels of less than 16 inches in length. (D) Any device which may be readily restored to fire a fixed, cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive, (E) Any part, or combination of parts, designed and intend- ed to convert a device into a device defined in subparagraphs . (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (3) As used in this section, a “nunchaku” means an instru- ment consisting of two or more sticks, clubs, bars or rods to be used as handfes, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means anyfirearm niounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if such firearm may be fired while mountedor enclosed in such case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if such firearm may be fired while mounted or enclosed therein. (6) As used in this section, a “fléchette dart” means a dart, capable of being fired from a firearm, which measures approxi- mately one inch in jength, with tail fins which take up five- sixteenths of an inch of the body. . (7) As used in this section, “metal knuckles” means any device or instrument made wholly or partially of metal which is worn for purposesof offense or defense in or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand orfist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (8) As used in this section, a “ballistic knife” means a device that propels a knifelike blade as a projectile by means ofa coil spring, elastic material, or compressed gas. Ballistic knife does not inchide any device which propels an arrow or a bolt by means of any common bow, compound bow, crossbow, or underwater spear gun. ‘ (9) As used in this section, a “camouflaging firearm contain- er” means a container which meets all of the following criteria: (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (C) It is not readily recognizable as containing a firearm. “Camouflaging firearm containet” does not include any camouflaging covering used while engagedin lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria: 016 885 _ CONTROL OF DEADLY WEAPONS {A) It was not imported as a firearm by an importerlicensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921)of Title 18 of the United States Code andthe regulations issued pursuant thereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 ofTitle 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (D) It is madeor altered to expel a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a ‘‘shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and. designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weapon for throwing. co (12) As used in this section, an “unconventional pistol” means a firearm that does not have a rifled bore and has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches. (13) As used in this section, a “belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length of at least 24 inches. (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made anintegral part of a lipstick case, (15) As used in this section, a “cane sword” means a cane, swaggerstick, stick, staff, rod, pole, umbrella, or similar device, havingconcealed within it a blade that may be used as a sword or stiletto, , (16) As used in this section, a “shobi-zue” means staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposedby a flip of the wrist or by a mechanical action. (17) As usedin this section, a “leaded cane” meansa staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrament which is exposed by mechanical action or _gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. (20) As used ia this section, a “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (21) As used in this section, a “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made § 12020 or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of: projectiles (ball shot) or a single projectile for each pull of the trigger. (22) As used in this section, an “undetectable fivearm” means any weapon which meets one of the following require- ments: (A) When, after removal of grips, stocks, and magazines,it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of this paragraph, the terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 ofTitle 18 of the United States Code. All firearm detection equipment newly installed in nonfeder- al public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, as appropri- ate, as available state-of-the-art equipment capable of detect- ing an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for teasonable passage of the public. (23) As used in this section, a “multiburst trigger activator” means one of the following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiauto- matic firearm it increases the rate of fire of that firearm. (24) As used in this section, a “dirk” or “dagger” means a knife or other instrament with or without a handguard that is * * * capable of ready use as a stabbing * * * weapon that may inflict great bodily injury or death. (d) Knives carried in sheaths which are worn openly sus- pended from the waist of the wearer are not concealed within the meaning of this section. (Added by Stats.1953, c. 36, p. 653, § 1. Amended by Stats.1961, c. 996, p. 2645, § 1; Stats.1965,c. 36, p. 915, § 2; Stats.1973, ©. 732, p. 1316, § 2, eff: Sept. 25, 1973; Stats.1974, c. 141, p. 283 § 1 eff April 4 1974; Stats.1975, c. 116],p. 2876, § 1; Stats.1976, c. 1139, p. 5160, $ 302, operative July 1, 1977; Stats.1976, c, 1140, § 2; Stats. 1976, c. 1140, § 3, operative July 1, 1977; Stats.1977, c. 857, p. 2596, § I; Stats.1978, c. 70, p. 193, § 1, eff: March 29, 1978; Stats,1979, c. 78, p. 187, § 1, eff. May 22, 1979; Stats.1983, c. 1129, § 1; Stats. 1984, c. 1414, § 3; Stats.1984 c. 1562, § 1.1; Stats. 1986, c. 1421, § 1; Stats.1987, c. 1461, § 1; Stats. 1988, c. 512, $ 1; Stats.1988, c. 1191, § 1; Stats.1988, c. 1269, § 2.7; Stats. 1989, c. 358, § 1; Stats.1990, c. 350 (S.B.2084), § 17; Stats.1990, ¢. 1690 (4.B.376), § Jj Stats.1993, c. 357 (A.B, 1266), § 1; Stats.1993, c. 1139 (S.B.180), § 2; Stats.1994, c. 23 (A.B. 482), $ 4 Stats.1995, c. 128 (4.B,.1222), § 2.) Cross References Defendant armed with dangerous or concealed weapons, allegations as to possession, see Penal Code § 969c. Felony, Additional punishment for commission or attempt while atmed, see Penal Code § 12022. Defined, see Penal Code § 17. 00017 § 12020 Manufacture, Sale, or possession of short-barreled shotgun or short-barreled rifle, see Penal Code § 12001,5. Sale or possessionof short-barreled shotgunsor short-barreled rifles, permits, see Penal Code § 12095, Nuisance, Biackjacks, slung shots, billies, sandclubs, sandbags and metal knuck- les, see Penal: Code § 12029. Unlawful carrying on person or within vehicle of dirk, dagger, pistol, firearm capable of being concealed on person, see Penal Code § 12028. Pardoned person, restoration of right to own, possess and keep certain firearms and persons excepted from restoration of right, see Penal Code § 4852.17. Possession of deadly weapons with intent to assault, see Penal Code § 12024. Printing of fish and game regulations, prohibition of advertising of certain tobacco, alcohol, firearm, and other devices, see Fish and Game Code § 211, Public housing authority, access to criminalhistory for convictions under this section, see Penal Code § 11105.03. Right of peace officers to carry wooden clubs, baton or equipment authorized for enforcement of law, see Penal Code § 12002. Switch-blade knives having blades longer than ¢wo inches, see Penal Code § 653k. Verdict of jury upon charge of being armed, see Penal Code § 1158a. § 12020.5, Advertising unlawful weapons prohibited It shall be unlawful for any person, as defined in Section 12277, in any newspaper, magazine, circular, form letter, or open publication, published, distributed, or circulated ‘in this state, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device, to advertise the sale of any weapon or device whose possession is the sale of handgun ammunition designed primarily fopene. trate metal or armor, as defined in subdivision (b) of Section 12323. (Added by Stats. 1976, c. 1127, p, 5043, § 1. Amended byStats. 1989, c. 18, § L5; Stats, 1989, c. 19, $ 1.5; Stats. 1990, c. 81 {A.B.2046), § 1; Stats.1995, c. 263 (A.B.99), § 1) § 12021, Specified convictions; narcotic addiction; condi- tion of probation; restrictions on firearm possession; punishment, employment needs; relief from prohibition (a)(1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any otherstate, government, or country, or of an offense enumerat- ed in subdivision (a), (6), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns orhasin his or her possession or under his or her custody or control any . firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any petson whe has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (c}(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171e, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626.9, 646.9, * * * 12023, or 12024, subdivision (b) or (4) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of CRIME PREVENTION . 886 former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of theheWelfare and Institutions Code, anyfirearm-relatedoffense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, or has in his or her possesston or under his or her custody orcontrol, any firearm is guilty of a public offense, which shall be punishable by imprisonment in * * * a county jail not exceed- ing one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in para- graph (2) or (3). (2) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employmentorlivelihood is dependent on the ability to legally possessa firearm, whois subject to the prohibition imposed by this subdivision because of a conviction under Section 273.5, 273.6, or 646.9, may petition the court only onceforrelief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and shall notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems. appropriate: (A) Finds by a preponderance of the evidence that the petitioneris likely to use a firearm in a safe and lawful manner, (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous conviction under this subdivision no matter when the prior conviction occurred, In making its decision, the court shall consider thepetition- er’s continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. ‘The court shall require, as a condition of granting relief from the prohibition under this section, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relief from the prohibition shall not relieve any other person or entity from anyliability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grantrelief to any particular petitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibi- tion imposed by this subdivision.. (3) Any person whoissubject to the prohibition imposed by this subdivision because of a conviction prior to January 1, 1991, may petition the court only once for relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Uponfiling the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making cant18 Page 1 ® o e LexisNexis 2 of 2 DOCUMENTS DEERING'S CALIFORNIA CODES ANNOTATED Copyright (c) 1996by Matthew Bender & Company, Inc. a memberofthe LexisNexis Group. All rights reserved Company wtARCHIVED DATA*** *#* THIS SECTION IS CURRENT THROUGHTHE 1996 SUPPLEMENT(1995 SESSION) *** *** INCLUDING URGENCY LEGISLATION THROUGH CHAPTER 196,7/22/96 *** PENAL CODE PART4. Prevention ofCrimes and Apprehension of Criminals TITLE2. Control of Deadly Weapons CHAPTER1. Firearms ARTICLE2. Unlawful Carrying and Possession of Weapons Cal Pen Code § 12020 (1996) § 12020. Manufacture, importation, sale, possession; Exceptions (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflagingfirearm container, any atmmunition which contains or consists of any flechette dart, any bullet containing or catryingan explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku,any short-barreled shotgun, any short-barretedrifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventionalpistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon ofthe kind commonly known asa blackjack, slingshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonmentin a county jail not exceeding one year orin the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is usedin Section 12301. (b) Subdivision(a) does not apply to any of the following: (1)Thesale to, purchase by, or possession of short-barreled shotguns or short-barreledrifles by police departments, sheriffs' offices, marshals' offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-batreled. shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriffs office, marshal's office, the California Highway Patrol, or the DepartmentofJustice when on duty and the useis authorized by the agency and is within the course.and scope.oftheir duties. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when 00019 Page 2 Cal Pen Code § 12020 authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter and not in violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds aregulatory or business license and teaches the arts of self-defense, (4) The manufacture of a nunchaku forsale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teachesthe arts of self-defense. (5) Any antique firearm, For purposesofthis section, “antique firearm" means any firearm not designed or ‘redesigned for using rimfire or conventional centerfire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock,flintlock, percussion cap,or similar type of ignition system ot replica thereof, whether actually manufactured before orafter the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States andis not readily available in the ordinary channels of commercialtrade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and whichis in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code andthe regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 ofthe Welfare and Institutions Code from possessing firearms or ammunition whoobtainstitle to these items by bequest or intestate succession mayretain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 ofthe Welfare andInstitutions Code, Within the year the person shall transfertitle tothe firearms orammunition by sale, gift, or other disposition. Any person whoviolates this paragraph is in violation of subdivision (a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 ofthe Welfare andInstitutions Code from possessing these weapons who obtainstitle to these weapons by bequest or intestate succession mayretaintitle for not more than one year, but actual possession of these weaponsat any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100.or 8103 ofthe Welfare andInstitutions Code, Within the year, the person shall transfertitle to the weapons bysale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a), The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are opento the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrumentor deviceis a firearm, unloaded. (10) Instruments or devices, otherthan short-barreled shotguns or short-barreled rifles, that are possessed orutilized during the course of a motionpicture, television, or video production or entertainment event by an authorized participant therein in the course ofmaking that production or event or by an authorized employee or agent ofthe entity producing that production or event, , (11) Instruments or devices, other than short-barreled shotgunsor short-barreledrifles, that are sold by, manufactiwed by, exposedor keptfor sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or deviceslisted in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactionswith those entities. 00020 Page 3 Cal Pen Code § 12020 (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreledrifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law foruse in the discharge oftheir official duties, or the possession of any weapon, device, or ammunition, other than a short-barreledrifleor short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency andis within the course and scopeoftheir duties. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun,that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons whoare in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engagingin transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any woodenclub or baton pursuantto Section 12002 by entities that are in the business of selling wooden batonsor clubs to special police officers and uniformed security guards when engagingin transactions with those persons, (c) (1) As used in this section, a "short-barreled shotgun” means any of the following: (A) A firearm whichis designed or redesignedto fire a fixed shotgun shell and havinga barrel or barrels ofless than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell. (C) Any weapon made from a shotgun (whetherbyalteration, modification, or otherwise) if that weapon, as modified, has an overall! length of less than 26 inchesor a barrel or barrels of less than 18 inches in length. ~ (D) Any device which may bereadily restoredtofire a fixed shotgun shell which, whenso restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Anypart, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination ofparts from which a device defined in subparagraphs(A) to (C), inclusive, can be readily assembledifthose parts arein the possession or underthe control-of the same person. (2) As usedin this section, a "short-barreled rifle" means any of the following: (A) A rifle having a barrel or barrels of less than 16 inches in length, (B) A rifle with an overall length of less than 26 inches. (C) Any weapon made froma rifle (whether byalteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches ora barrel orbarrels of less than 16 inches in length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored,is a device defined in subparagraphs (A) to (C), inclusive. (B) Any part, or combination ofparts, designed and intended to convert a device into a device defined in subparagraphs(A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A)to (C), inclusive, may be readily assembled if those parts are in the possession or under the contro! of the same person. (3) As usedin this section, a "nunchaku" meansan instrumentconsisting of two or moresticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a systemof self-defense such as karate. 00021 . Page 4 Cal Pen Code § 12020 (4) As usedin this section, a “wallet gun" means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable ofbeing carried in a pocket or purse,if such firearm may be fired while mounted or enclosed _insuch case. (5) As used in this section, a "cane gun" means anyfirearm mounted or enclosedin a stick, staff, rod, crutch, or similar device, designed to be, or capable ofbeing used as, an aid in walking, if such firearm may befired while mounted or enclosed therein. ’ (6) As used in this section, a "flechette dart” means a dart, capable ofbeing fired from a firearm, which measures approximately one inch in length, with tail fins whichtake up five-sixteenths of an inch ofthebody. (7) As used in this section, "metal knuckles” means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and whicheither protects the wearer's hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the handorfist, provide a shield to protectit, or consist of projections or studs which would contact the individual receiving a blow. (8) As used in this section, a "ballistic knife" means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an atrow or a bolt by means ofany comman bow, compound bow,crossbow, or underwater spear gun. (9) As used in this section, a "camouflaging firearm container" means a container which meets all of the following criteria: (A) Itis designed and intended to enclose a firearm. (B) It is designed and intendedto allowthe firing ofthe enclosed firearm by external controls while the firearm is in the container. (©)Itis not readily recognizable as containing a firearm. "Camoutflaging firearm container"does notinclude any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a "zip gun" means any weapon or device which meets all of the following criteria: (A) It was not importedas a firearm by an importerlicensed pursuant to Chapter 44 (commencing with Section - 921) ofTitle 18 of the United States Code and the regulations issued pursuant thereto. (B) It was not originally designed to bea firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code andthe regulations issued pursuant thereto. (C) No tax was paid on theweaponor device nor was an exemption from paying tax on that weaponordevice. granted under Section 4181 and subchapters F (commencing with Section 4216)and G (commencing with Section 4221) of Chapter 32 ofTitle 26 of the United States Code, as amended, and the regulations issued pursuantthereto. (D)It is made oraltered to expel a projectile by the force ofan explosion or other form of combustion. (11) As usedin this section, a "shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon,trefoil, cross, star, diamond,or other geometric shape foruse as a weapon for throwing. 12) As used in this section, an "unconventionalpistol" means a firearm that does not have a rifled bore and has aPp. 00022 Page 5 Cal Pen Code § 12020 barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches. (13) As used in this section, a "belt buckle knife" is a knife which is made an integral part of a belt buckle and consists ofa blade with a length of at least 2 1/2 inches. (14) Asusedin this section, a "lipstickcase knife" means a knife enclosed within and made an integral part of a lipstick case. (15) As used in this section, a "cane sword" means a cane, swaggerstick,stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword orstiletto. . (16) As usedin this section, a "shobi-zue" meansa staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed bya flip ofthe wrist or by a mechanicalaction. (17) As used in this section, a “leaded cane” meansa staff, crutch,stick, rod, pole, or similar device, unnaturally weighted with lead. = (18) As usedin this section, an “air gauge knife" meansa device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to. be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) Asusedin this section, a "writing pen knife" means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanicalaction or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removalof the cap or cover on the device. (20) As used in this section, a "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remadeto use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull ofthe trigger. , (21) As usedin this section, a "shotgun" means a weapondesigned or redesigned, made or remade, and intendedto befired from the shoulder and designed or redesigned and made or remadeto use the energy of the explosive in a fixed shotgunshell to fire through a smooth bore either a numberofprojectiles (ball shot) or a single projectile for each pull of the trigger. (22) Asused in this section, an "undetectable firearm” means any weapon which meets one ofthe following requirements: (A) When,after removal of grips, stocks, and magazines,it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component ofwhich, whensubjected to inspection by the types ofX-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds maybe used in the fabrication of the component. . (C) For purposes of this paragraph, the terms “firearm,” "major component," and "Security Exemplar" have the same meanings as those terms are defined in Section 922 of Title 18 of the United States Code. All firearm detection equipment newly installed in nonfederal public buildingsin this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation,or the Secretary of the Treasury, as appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one's person sufficient for reasonable passage ofthe public, 00023 Page 6 Cal Pen Code § 12020 (23)As usedin this section, a "multiburst trigger activator" means one of the following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm whichallowsthe firearm to discharge two or more shots in a burst by activating the device. (B) A manualor power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate offire of that firearm. (24) As usedin this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable ofready use as a stabbing weapon that mayinflict great bodily injury or death. _ (d) Knivescarried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaningofthis section. HISTORY: Added Stats 1953 ch 36 § 1. Amended Stats 1961 ch 996 § 1; Stats 1965 ch 36 § 2; Stats 1973 ch 732 § 2, effective September 25, 1973; Stats 1974 ch 141 § 1, effective April 4, 1974; Stats 1975 ch 1161 § 1; Stats 1976 ch 1140 §§ 2, 3; Stats 1977 ch 857 § 1; Stats 1978 ch 70 § 1, effective March 29, 1978; Stats 1979 ch 78 § 1, effective May 22, 1979: Stats 1983 ch 1129 § 1; Stats 1984 ch 1414 § 3, ch 1562 § 1.1; Stats 1986 ch 1421 § 1; Stats 1987 ch 1461 § 1; Stats 1988 ch 512 § 1, ch 1191 § 1, ch 1269 § 2.7; Stats 1989 ch 358 § 1; Stats 1990 ch 350 § 17 (SB 2084) (ch 1690 prevails), ch 1690 § 1 (AB 376). AmendedStats 1993 ch 357 § 1 (AB 1266), ch 1139 § 2 (SB 180); Stats 1994 ch 23 § 4 (AB 482); Stats 1995 ch 128 § 2 (AB 1222). NOTES: AMENDMENTS: 1961 Amendment: Added(1) "sawed-off shotgun,"after "sandbag”; and (2) the second paragraph. 1965 Amendment: Added "ora rifle havinga barrel or barrels of fess than 16 inches in length” in the second paragraph. 1973 Amendment: (1} Designated the formerfirst paragraph to be subd (a); (2) added the second paragraphof subd (a); and (3) designated the former second paragraph to be subd (b). 1974 Amendment: (1) Added "nanchaku," in subd(a); (2) designated the former second paragraph of subd(a) to be subd (b)(1); (3) added the introductory clause of subd (b); (4) deleted "This section shall not apply to" at the beginning of subd (b)(1); (5) added subds ©)2), (b)(3) and (c); (6) redesignated former subd (b) to be subd (d)(1); and (6) added subd (d)(2). 1975 Amendment: Substituted "three"for "five" before "years" at the end of the subds (a) and(c). 1976 Amendment (ch 1140 § 2): (1) Added "any cane gun or wallet gun, any firearm whichis not immediately recognizable as a firearm, any ammunition which contains or consists ofany flechette dart, or" before "instrumentot"in. subd (a); (2) added subd (b)(4); (3) amended subd (d)(1) by (a) substituting "any firearm (including any revolver) manufactured, designed, or converted to fire shotgun anomunition"for "a shotgun"after "mmsans"; and (b) adding "manufacture," before "alteration"; and (4) added subds (d)(3)--(d)(5). 1976 Amendment(ch 1140 § 3): Deleted "for not less than.one year nor more than three years" after "a state prison" whereverit appears in subds (a) and (c). 1977 Amendment: (1} Amended subd (b)(4) by(a) substituting "section" for "paragraph" after "For purposesof this"; (b) deleting the commaafter “ammunition”; (c) deleting the commaafter "before 1898"; and (d)addingall that part following "similar type ofignition system"; and (2) deleted the comma before "or offers or" in subd (c). 1978 Amendment: (1) Amended subd (a) by adding (a) "any bullet containing or catrying an explosive agent,"; and (b) the second sentence; and (2) added subd (b}(5). 1979 Amendment: Added subds (b)(6)and (b)(7). 1983 Amendment: Added subd(ce). 1984 Amendment: In addition to making technical changes, (1) deleted "the term"after "section," in subd (a)(4); (2) substituted "federal Gun Control Act of 1968 (Public Law 90-618)" for "Gun Control Act of 1968 (P.L. 90-618; 82 Stat, 1213)" in subd (b)(7); (3) addedthe last sentence ofsubd (6)(7); and (4) added subd (d)(6). (As amended by Stats 00024 Page 7 Cal Pen Code § 12020 1984, ch 1562, compared to the section as it read prior to 1984. This section was also amended byan earlier chapter, ch 1414, See Gov C § 9605.) 1986 Amendment: Added (1) "any ballistic knife,” in the first sentence of subd (a); and (2) subd (d)(7). 1987 Amendment: Added (1) “any camouflaging firearm container," after "as a firearm,"in the first sentence ofsubd (a); and (2) subd (d)(8). 1988 Amendment: (1) Amended thefirst sentence of subd(a) by (a) adding "plastic firearm, and"; and (b) substituting "any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any- zip gun, any shuriken, any unconventionalpistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife any writing pen knife, or any instrument or weapon of the kind commonly known as.a blackjack,slungshot,billy, nunchaku,sandclub,sap, or'sandbag" for "or any instrument or weapon of the kind commonly knownas a blackjack, slungshot, billy, nunchaku, sandclub, sandbag, sawed-off shotgun, or metal knuckles"; (2) added subd (b)(1); (3) redesignated former subds(b)(1)-(b)(7) to be subds (b}(2)-(b)(8); (4) substituted "sale of short-barreled shotgunsor short-barreledrifles" for “use, with blank cartridges, of sawed-offshotguns solely as props for motion picture film or television program production"in subd (b)(2); (5) added subds (b)(9)-(b)(14); (6) deleted former subd (c) which read: "(c) Any person in this state who manufactures or causes to be manufactured, importsinto the state, keeps for sale, or offers or exposes forsale, or whogives, lends, or possesses any instrument, without handles, consisting of a metal plate having three or moreradiating points with one ot more sharp edges and designed in the shape of a polygon,trefoil, cross, star, diamond,or other geometric shape for use as a weaponfor throwing is guilty of a felony, and upon conviction shall be punishable by imprisonmentin the county jail not exceeding one yearor in a state prison.”; (7) redesignated former subds (d) and (e) to be subds (c) and (d); and (8) amended subd (c) by (a) substituting subds (1) and (2) for former subd (1) which tead: "(1) As usedin this section, a 'sawed-off shotgun' meansany firearm (includingany revolver) manufactured, designed, or converted to fire shotgun ammunition having a barrel or barrels of less than 18 inches in length, or a rifle having a barrel or barrels of less than 16 inches in length, or any weapon made froma rifle or shotgun (whether by manufacture,alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches."; (b) redesignating former subds (2)-(8) to be subds (3)-(9); and (c) adding subds (10)-(22), (As amended by Stats 1988 ch 1269, compared to the section as it read prior to 1988. This section was also amendedby two earlier chapters, ch 512, ch 1191. See Gov C§ 9605.) 1989 Amendment: Substituted "eny" for"and"after "plastic firearm,"in the first sentence ofsubd (a); andthefirst paragraph of subd (c)(22) for the formerfirst paragraph subd (c)(22), which read: "(22) As used in this section, plastic firearm means any weapon (includinga starter gun) which will or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, and which meets oneofthe following requirements: "(A)It contains less than 3.7 ounces of electromagnetically detectable metal. "(B) Oneof its major components, which includes the barrel, slide, cylinder, frame, or receiver, does not generate an imagethat accurately depicts the shape of the component when subjected to inspection by X-ray machines commonly — used at airports. The purposeofthis requirementis satisfied if the required imageresults from the infusion into the componentofbariumsulfate or other compound." 1990 Amendment: In addition to making technical changes, (1) amended the first sentence of subd (a) by (a) adding "any multiburst trigger activator, any nunchaku,"; and (b) deleting "nunchaku," after "slungshot, billy,"; (2) deleted "city" before "marshals' offices,” in subd (b)(1); (3) substituted "Section 12021, 12021.1, or 12101" for “Section 12021 and 12021.5" and "Section 8100 or 8103"for "Section 8103" whereverit appears in subds (b)(7) and (b)(8); (4) added subd (b)(15); (5) substituted "Title 18" for "Title 44" in subds (c)(10)(A) and (c)(10)(B); and (6) added subd (c)(23). 1993 Amendment: (1) Amendedthe first sentence of subd (a) by (a) substituting “undetectable firearm" for "plastic firearm"; and (b) deleting ”, is guilty of a felony, and upon conviction"after "dirk or dagger"; (2) amended subd (b) by {a) making technical changes; (b) substituting "is" for "shall be” before "punishable pursuant to Section 12021" in the second sentence of subd (b)(7); (c) substituting "rifleor short-barreled shotgun, by peace officers thereof" for "rifles and shotguns," in subd (b)(12); (d) substituting "a short-barreled short-barreled shotgun"for 'short-barreled rifles and short-barreled shotguns" in subd (b)(13); and (e) deleting former subd (b)(15) which read: "(15) Prior to January 1, 1992,the possession of a multiburst trigger activator by a person whois not prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 ofthe Welfare andInstitutions Code from possessing fireatms."; and (3) amended subd (c) by (a) adding "criteria" in the introductory clause of subd {c)(9); (b) deleting former subd (c)(T0){E) 00025 Page 8 Cal Pen Code § 12020 which read: "(E) It has a barrel or barrels less than 18 inches in length or an overall length of less than 26 inches."; (c) substituting "firearm” for "pistol or revolver" in subd (c)(12); (d) substituting "an undetectable firearm"for “a plastic firearm"in the introductory clause of subd (c)(22) andin thesecond paragraph of subd (c)(22)(C);(e) substituting subd (c)(23) for former subd (c)(23) which read: "(23) As used in this section, a 'multiburst trigger activator’ means a device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device,"and (£) adding subd (c)(24). {As amended Stats 1993 ch 1139, compared to the section as it read prior to 1993. This section was also amended byan earlier chapter, ch 357. See Gov C § 9605.) 1994 Amendment: (1) Substituted "is" for "shall be" after "dirk or dagger” near the endofthefirst sentence of subd (a); and (2) added"rifle or" after "a short-barreled" in subd (b)(13). : 1995 Amendment: Substituted "capable of ready use as a stabbing weapon that may" for "primarily designed, constructed, or altered to be a stabbing instrument designed to" in subd (c)(24). HISTORICAL DERIVATION: (a) Stats 1923 ch 339 § 1, as amendedStats 1925 ch 323 § 1, Stats 1935 ch 753 §1, (b) Stats 1917 ch 145 § 1. NOTE- Stats 1976 ch 1140 provides: SEC.5. It is the intention of the Legislature that the words "any firearm whichis not immediately recognizable as a firearm," as used in subdivision (a) of Section 12020 ofthe Penal Code shall not be interpreted to include a weapon which is capable ofinflicting an electrical charge of such magnitudethat the victim canbe or is temporarily immobilized, astungun,a taser, or other such instrument. CROSS REFERENCES: Felony defined: Pen C § 17, Punishmentfor felony: Pen C § 28. Combat with deadly weapons: Pen C §$ 225 et seq. ' Having possession of deadly weapon with intent to commit assault: Pen C§ 467. Carrying, etc., of "switch-blade": Pen C § 653k. , : Charging that defendant was armedat time of commission ofoffense or arrest: Pen C § 969c. Verdict on charge ofbeing armed with weapon: Pen C § 1158a. Firearms deemed capable ofbeing concealed on person: Pen C § 12001. Committing felony while carrying dangerous weapon: Pen C§ 12022. "Assault weapon": Pen C § 12276. COLLATERAL REFERENCES: Witkin & Epstein, Criminal Law (2d ed) §§ 60, 229, 495, 1091-1093, 1098-1100, 1103, 1106, 1143, 1314, 1389, 1422, 1470. . CalJur 3d (Rev) Criminal Law §§ 1593, 1615--1617, 1621, 1623, 1694, 2787, 3260. Cal Digest of Official Reports 3d Series, Weapons §§ 5 et seq. Am Jur 2d Weapons-and Firearms $§ 4, 5, 8--10, 12, 15, 16, 27, Federal regulation of firearms: 18 USCS §§ 921 et seq. Nonmailable firearms: 18 USCS § 1715. Importation offirearms: 26 USCS §§ 5844 et seq. FORMS: See form set out below, following Notes of Decisions, LAW REVIEW ARTICLES: Mannerof concealment. 27 Cal LR 312. 00026 Page 9 Cal Pen Code § 12020 Mannerof concealment. 2. SCLR 83. ATTORNEY GENERAL'S OPINIONS: "Nunchaka”, a karate martial instrument, as proscribed by this section. 56 Ops Aity Gen 506. California peace officer may lawfully possess a billy club, blackjack, or policeman's baton if the head of his law enforcement agency has authorized such possession; the sale of a billy club, blackjack, or policeman's baton to a peace officer authorized by the headofthe. officer's law enforcement agencyto carry the sameis lawful in California, 65 Op Atty Gen 120, - A California peace officer may carry a sawed-off shotgun for law enforcement purposes if authorized by the agency that employsthe officer. 65 Ops Atty Gen 674. ANNOTATIONS: Liability of seller of firearm, explosive, or highly inflammable substance to child. 20 ALR2d 119; 75 ALR3d 825. Offense of carrying concealed weapon as affected by mannerofcarrying or place of concealment. 43 ALR2d 492. Burden ofproofasto lack oflicense in criminal prosecution for carrying or possession ofweapon withoutlicense. 69 ALR3d 1054, Statutory presumption ofpossession ofweapon by occupants of place or vehicle where it was found. 87 ALR3d 949. What constitutes a "bludgeon," "blackjack,” or "billy" within meaning of criminal possession statute. 17 ALR4th 1272. Validity ofstate statute proscribing possession or carrying of knife. 47ALR4th 651. NOTES OF DECISIONS . In General . Constitutionality . Construction and Application , Definitions . Possession . Instructions . Evidence . Sufficiency 9, -Adinissibility 10. Appeal S r a n D O H W N NOTES OF DECISIONS 1. In General Board of supervisors has authority in exercise ofits police power to prohibit carrying of concealed deadly weapons about person in public places. Ex parte Luening (1906) 3 Cal App 76, 84 P 445, Statute makingit felony to attempt to use unlawfully against another, or carry with intent so to use, any dangerous or deadly weapon,is valid exercise of legislative power. Re Application ofDare (1917) 176 Cal 83, 168 P 19. It is well-recognized function of legislature in exercise of police powerto restrain dangerous practices and to regulate carrying and use offirearms and other weapons in interest ofpublic safety. Re Application ofRameriz (1924) 193 Cal 633, 226 P 914, 34 ALR 51. Noone can acquire vested right to continue in possession of that which is menaceto public safety. People v McCloskey (1926) 76 Cal App 227, 244 P 930. Crimeofcarrying concealed weaponis separate and distinct from crime of robbery, defendantis subject to separate indictment, conviction and punishment for carrying concealed weapon,irrespective ofresult ofrobbery prosecution, and notwithstanding that both crimes may have grown out of same continuous transaction and been committed at sametime, People v Perry (1929) 99 Cal App 90, 277P 1080. The legislature may employ the police power to absolutely prohibit the possession of the items named in this statute. 00027 . Page 10 Cal Pen Code § 12020 People v Ferguson (1933) 129 Cai App 300, 18 P2d 741. It is within the province of the court to determine in the first instance whether the instramnenta in question are such weaponsasfall within the purview ofthe statute. People v Canales (1936) 12 Cal App 2d 215, 55 P2d 289. Thefact that the allegation of the information charging possessionof a blackjackorbilly is in the alternative does not render it demurrable. People v Canales (1936) 12 Cal App 2d215, 55 P2d 289. The element of concealmentis not involved in a prosecution for possession of a blackj ack ora billy. People v Canales (1936) 12 Cal App 2d 215,55 P2d 289. In prosecution for unlawful possession of metal knuckles, although offense was committed on Indian reservation and defendant was Indian living thereonin tribal relations, superior court had jurisdiction to try defendant, where he was ownerofland in said reservation by patent from United States government which, under federal statutes, had effect of emancipating him from tribal relations and conferred upon him all rights, privileges and immunities of citizen of United States, rendering him amenableto civil and criminal laws. People v Pratt (1938) 26-Cal App 2d 618, 80 P2d 87 (ovtld on other grounds by People v Carmen, 43 Cal 2d 342, 273 P2d 521). A fine may be imposed upon the defendant convicted underthis statute by virtue of § 672, the language ofwhich is broad enough to coverall crimes punishable by imprisonment for which nofine is specifically prescribed. People v Shah (1949) 91 CalApp 2d 716, 205 P2d 1081. Deadly weapon doesnotceaseto be one by becoming temporarily inefficient; nor is its essential character changed by dismemberment whereparts maybeeasily assembledso asto become effective. People v Guyeite (1964, 5th Dist) 231 ‘Cal App 2d 460, 41 Cal Rptr 875. ‘Where defendant was convicted and sentenced for attempted armed robbery and possession of a concealable weapon, which weapon defendant used in the robbery, the possession and use af the revolverat the time of the robbery was indivisible from the attempted robbery, and sentences for both offenses constituted multiple punishment proscribed by Pen Code, § 654. People v Burnett (1967, Ist Dist) 251 Cal App 2d 651, 59 Cal Rptr 632. A habeas corpus petitioner was sentenced for two offenses arising out of a single course of conduct contrary to the proscription ofPen Code, § 654, where he was sentenced for both an attempted burglary while in possession of a deadly weapon, and for possession ofthe deadly weapon which occurred during the attempted burglary. Re McWhinney(1968, 4th Dist) 267 Cal App 2d 691, 73 Cal Rptr 291. In a prosecution on firearms charges,the trial court properly exercisedits discretion in finding that the identity of an _ informant was not material to the defense, where an in-camera hearing conducted by the court pursuantto Evid. Code, &§§ 915, subd. (b), 1042, subd. (d), relating to determination of claims of privilege as to confidential informants, developed nothing beyond what was contained in the affidavit upon which a warrant for the search of defendant's house was based, where defendantfailed to show with any specificity how nondisclosure would affect his defense, where the portion ofthe affidavit setting forth the information furnished by the informantmade no mention ofthe particular weapons involved in the prosecution or the bedroom panel behindwhich they were found, where the informant was not a participant in, nor an eyewitness to, the crime ofpossession of the weapons forming the basis for the prosecution, and where the overwhelming evidence pointed to defendant's possession of the weapons and there was notthe slightest possibility that the informant had planted them. People v Kilpatrick (1973, 2nd Dist) 31 Cal App 3d 431, 107 Cal Rptr 367. Thetrial court, in imposing sentence on defendantfollowing a plea of guilty to a violation ofPen. Code, § 12020, subd. (a), (possession of a sawed-offshotgun) pursuant to a plea bargain, did not err in relying on an uncharged offense and on the facts of an offense that had been dismissed asthe result of the plea bargain as circumstances in aggravation ofthe offense to which defendant had plead guilty, where-the other offenses considered were transactionally related to the offense for which sentence was being imposed. People v Gaskill (1980, 3rdDist) 110 Cal App3d 1, 167 Cal Rpir 549, Defendant's conviction of both possession of a sawed-offshotgun (Pen. Code, § 12020, subd. (a)), and possession of a concealable firearm as felon (Pen. Code, § 12021.J), involving the same weapon,did not violate the rule precluding multiple convictions of lesser included offenses, even though the second count ofthe information alleged a violation of Pen, Code, § 12021.1 in language encompassing a violation ofPen. Code, § 12020. The rule precluding multiple convictions of lesser included offenses applies only to statutorily lesser included offenses which, as a matterof legal definition, a defendant necessarily commits when he commits the greater offense, and not to offenses, such as those of. 00028 Page 11 Cal Pen Code § 12020 which defendant was convicted, that are classified as lesser included offenses simply because the accusatory pleading alleges one offense in language that encompasses the other charged offense. People v Scheidt (1991, 5th Dist) 231 Cal App 3d 162, 282 Cal Rptr 228. ; 2. Constitutionality This statute is not violative of the state or federal constitutions. People v Ferguson (1933) 129 CalApp 300, 18 P2d 741, A specification that this statute is invalid as an ex post facto lawcannot be sustained. People v Ferguson (1933) 129 ’ Cal App 300, 18 P2d 741. Proscription of possession of instrumentofkind commonly known as "billy" is not unconstitutionally vague fot employing term "billy." People v Grubb (1965) 63 Cal 2d 614, 47 Cal Rpir 772, 408 P2d 100. Thestatute on illegal manufacture, sale or possession of metal knuckles (Pen Code, § 12020) is not too vague to meet constitutional standards. People vy Deane (1968, 2nd Dist) 259 CalApp 2d 82, 66 Cal Rptr 177. Pen. Code, § 12020, subd. (a), prohibiting the possession of certain instruments, including a weaponof the kind commotily knownas a "billy," is not unconstitutionally vague, and it outlaws other instruments besides those specifically enumerated. The enactment must be construed in the light of the legislative design and purpose, which was to condemn weapons commonto the criminal's arsenal; the Legislature meant as well to outlaw instruments which are ordinarily used for.criminal and unlawful purposes. The terms ofthe statute gain content and definition by reference to this purpose, A statute will be upheld if its terms may be made reasonably certain by referenceto its legislative history " or purpose. This statute also decrees as criminal the possession of ordinarily harmless objects whenthe circumstances of possession demonstrate an immediate atmosphere of danger. People v Mercer q995) 42 Cal App 4th Supp 1, 49 Cal Rptr 2d 728. 3. Construction and Application Sections 517 and 467 do notrepealthis statute, since those sections concern the use rather than the possession of certain weapons. People v Ferguson (1933) 129 Cat App 300, 18 P2d 741. This statute is to be given a liberal construction, so long as no injustice results. People v Mutherin (1934) 140 Cal App 212, 35 Pad 174. Dangerous Weapons Conttol Law does not occupyentire field so as to preclude locallegislation, such ds city ordinance regulating or prohibiting. carrying of deadly weapons, even though not concealed. People vy Commons (1944) 64 Cal App 2d Supp 925, 148 P24 724. The purpose ofPen Code, § 12020, is to outlaw classofinstruments (blackjack, sawed-offshotgun, metal knuckles) normally used only for criminal purposes. People v Wasley(1966, Ist Dist) 245 Cal App 2d 383, 53 Cal Rpir 877. Pen Code, § 12021, which bars a class of persons(aliens,arrested felons and narcotic addicts) from possession of concealable firearms, has an obviously different public purpose from Pen Code, § 12020, which outlaws instruments normally used only for criminal purposes. People vy Wasley (1966, Ist Dist) 245 Cal App 2d 383, 53 Cal Rptr 877. Close connection in time of twoacts does not alone preventtheir separate punishment, and there was no reason for a different rule where defendant possessed simultaneously a sawed-off shotgun in violation ofPen. Code, § 12020, and a pistol, in violation of § 12021, proscribing his possession, as a convicted felon, of a firearm capable ofbeing concealed. People v Wasley (1966, Ist Dist) 245 Cal App 2d 383, 33 Cal Rptr 877. As a matter oflaw, a knife wastiot a dirk or dagger within the meaning ofPen. Code, § 12020, (prohibiting the carrying of a concealed dirk or dagger), in that it was not designed primarily for stabbing, where it was constructed like an ordinary pocket knife, containing two blades, the longer ofwhich was about 6 inchesinthe length measured from the tip of the blade to the hand guard, and wherethe blades both folded into the handle and when opened did notlockinto place, People v Forrest (1967) 67 Cal 2d 478, 62 Cal Rptr 766, 432 Pad 374. Tn the trial of an accused on charges including forcible rape, oral copulation, and possession of a concealeddirk or dagger (Pen. Code, § 12020), it was for the jury to determine whether a folding knife, found, according to the prosecutiontestimony, in the open position in his pocketat the time ofhis arrest at the scene ofthe alleged crimes, was a pocket knife or whether it was a dirk or dagger within the meaning of the statute. The symmetrical blade, with a point and dull beveled sides, wasslightly less than 5 inches long and locked into place when opened;the knife had guards to 00029 - Page 12 Cal Pen Code § 12020 prevent the hand from slipping onto the blade when used as a stabbing weapon, and when folded couldlie flat on the bottom ofthe pocket of a man's pants. People v Bain (1971) 5 Cal 3d 839, 97 Cal Rptr 684, 489 P2d 564. Pen, Code, § 12020, makingit a felony to possess a concealed dirk or dagger, but not defining such weapons, must be strictly construed. People v Bain (1971) 5 Cal 3d 839, 97 Cal Rptr 684, 489 P2d 364. Pen. Code, § 654, ptoscribing double punishment, prohibited a defendant from receiving concurrent sentences on being convictedof possession of a concealable firearm by a felon (Pen. Code, § 12022) and of possession of a sawed-offrifle (Pen, Code, § 12020), since it was the single possession of a sawed-offrifle that was made punishableto two different statutes. People v Perry (1974, 4th Dist) 42 Cal App 3d 451, 116 Cal Rptr 853. In the case ofa defendant who was 18 years old at the time of the offense and trial, who wastried as an adult and convicted of possession of a sawed-off shotgun, a potential felony, in violation of the dangerous weapons control law (Pen. Code, § 12020), which was an optional sentencestatute providing for punishmenteither as a misdemeanororas a felony by imprisonmentin state prison for not more than three years, defendant was properly committed to the Youth Authority for a period of notin excess of three years. The fact that a Youth Authority commitmentis to be treatedinall respects thereafter as a misdemeanor (Pen, Code, § 17, subd. (b)), did not mean the misdemeanorjail term superseded the maximum term to which defendant might have been sentencedhad a felony sentence to state prison been imposed, and defendant was not denied that equal protection of the law which results when a youthful defendantis threatened with an extension ofincarceration to the Youth Authority beyond the maximum to which he could be subjected if he were sentenced as an adult. People v Herron (1976, 2ndDist) 62 Cal App 3d643, 133 Cal Rpir 287. An accused need notbetotally successful in concealing:a dirk to be guilty of violation ofPen, Code, $ 12029, subd. (a); the mere fact that some portion of the handle may not have been visible does not make it any less a concealed weapon. Hence, defendantwas properly convicted of carrying aconcealed weapon wherea ditk wascarried in his waistband. People v Fuentes (1976, 2ndDist) 64 Cal App 3d 953, 134 Cal Rptr 885. Pen. Code, § 12020, subd, (c), making it a felony to possess an instrument known as a "Chinese Throwing Star,” the modifying phrase "for use as a weapon for throwing,"refets to the design of the implementandnotthe intent of the possessor. Accordingly,in a prosecution under that statute, proof ofpossession alone wassufficient to convict, andit was not necessary to prove malicious intent or wrongful use ofthe instrument. Moreover, even if the weapon were to be regarded as haying a communicative aspect, by being made for an ornamental purpose, the control of deadly weaponsis a sufficiently important governmentalinterest to justify the incidental limitation on First Amendmentfreedoms without requiring proofofspecific intent to possess the weapon for some criminal purpose. People v Johnson (1977, 5th Dist) 72 Cal App 3d 52, 139 Cal Rpitr 811. Pen. Code, § 12020, proscribing the carrying of concealed weapons, embracesinstruments other than those specifically manufactured for criminal purposes, and decrees as criminal the possession of ordinarily harmless objects when the circumstances of possession demonstrate an immediate atmosphere of danger. The purpose of the Legislature was to condemn weapons commonto the criminal's arsenal and to outlaw instruments that are ordinarily used for unlawful purposes. Moreover, the term "dirk or dagger"is to be strictly construed. Thus, an unaltered pair ofbarber scissors carried inside a glove was not a dirk or dagger commonto-a criminal's arsenal and, therefore, was not within the purview ofthe statute. Bills v Superior Court ofSolano County (1978, 1st Dist) 86 Cal App 3d 855, 150 Cal Rptr 582, Though at commonlaw an honest and reasonablebelief in the existence of circumstances which,iftrue, would make the act for which the personis indicted an innocent act, has always been held to be a good defense,there are numerous instances in which culpability has been completely eliminated as a necessary elementof criminal conduct. With respect to Pen, Code, § 12020, subd.(a), which bars possession of a sawed-offshotgun, since the Legislature repeatedly and selectively used the word "knowingly" throughout the Dangerous Weapons Control Law (Pen. Code, §§ 12000-12601) the absenceof the word "knowingly"in § 12020, subd.(a) reflects the Legislature's intent that possessing a sawed-off shotgunis a crime, even thoughthe defendant does not know the dimensions ofthe weapon or reasonably believes those dimensions bring the weapon within lawful limits. In this case, the public policy considerations relating to the substantial harm associated with possessinga dangerous or deadly weapon prompted the Legislature to delete the need for a person to know the contraband character of that weapon. People v Azevedo (1984, 4th Dist) 161 Cal App 3d 235, 207 Cal Rptr 270, ‘The purpose ofPen, Code, § 12020, which makesit a felony to possess various deadly weapons,is to outlaw 00030 Page 13 Cal Pen Code § 12020 possession ofweapons commontothe criminal's arsenal. The statute outlaws a class of instruments normally used only for criminal purposes. People v Garrett (1987, 2nd Dist) 195 Cal App 3d 795, 241 Cal Rptr 10. Defendant should not have been convicted ofmultiple violations of former Pen. Code, § 12020,for his contemporaneous possession in one place oftwo sawed-off shotguns, since the statutory language, proscribing possession of "any" such weapon, was facially ambiguousasto the unit ofprosecution. That one weapon wasactually a sawed-off rifle wasirrelevant underthe statute. Also, even though the guns had beenstolen from twodifferent places, they were not sawed whenstolen and the only evidence ofpossession was that they were located in two rooms of defendant's residence when he was arrested. People v Kirk (1989, 3rdDist) 211 Cal App 3d 58, 259 Cal Rptr 44. In a prosecution for possessionof a short-barreled firearm (Pen. Code, § 12020, subd. (c)(2)(B)), the trial court properly measured defendant's rifle without extending its folding stock, notwithstandingthat therifle with its stock extended would have exceeded the minimum legal length, where the trial court's measurement was consistent with the legislative purpose of Pen. Code, § 12020, A major purpose of the minimum limitations on gun lengths is to prevent possession of gunssuitable for unlawful purposes due to their concealability and ease of handling. Nothing in the record suggested that, when folded, the rifle in question was any more difficult to conceal than a weapon that was short for some other reason. It would have defeated the purposeofthe statute to allow possession of a weapon that could be concealed duringpart of a criminal enterprise and only extended for more reliable use when needed. Moreover, the court wasnot required to interpretthe statute's alleged ambiguity in favor of defendant. The principle oflenient construction does riot require a court to ignore the obviousintention of the Legislature. in enacting the statute. People v Roony (1993, ist Dist) 17 Cal App 4th 1207, 21 Cal Rptr 2d 900. In a prosecution for possession of a short-barreled firearm (Pen. Code, § 12020, subd. (c)(2)(B)), the trial court properly measured defendant's rifle without extending the folding stock, despite his claim thatthe rifle was meantto be used with the stock extended, where the rifle was. capable of being fired with the stock folded. The stock did not have to be inclided simply because the statutory definition of "rifle" refers to a weapon intendedto befired from the shoulder (Pen. Code, § 12020, subd. (c\(20)). In keeping with the statutory purpose, a weaponthat need notbe fired exclusively from the shoulder but that readily can beis still a rifle. Moreover, the fact that a fixed stock is included in the measurementof a conventional rifle does not compelthe conclusion that a detachable or folding stock mustbe so included, Such a conclusion would have been contrary to Pen. Code, § 12020, subd. (c)(2)(C), which defines short-barreled rifle as “any weapon madefrom rifle (whetherby alteration, modification, or otherwise) if that weapon has an overall length ofless than 26 inches or a barrel or barrels of less than 16 inches in length." Further, defendant's position was not supported by cases in which a folding or detachable stock was includedin the measurementof a firearm; those cases do notstand for the proposition that detachable or folding stocks must always be included in the measurementof a firearm. People v Roony (1993, Ist Dist) 1 7 Cal App4th 1207, 21 Cal Rptr 2d 900. Defendant was properly convicted of violating Pen. Code, § 12020, subd. (a), possessing an instrument orweapon of the kind commonly knownas a "billy," for possessing a collapsible baton. A police officer testified that he immediately recognized defendant's baton as a weapon commonly known as a collapsible baton, a weapon which, when extended by a flick ofthe wrist, is extended and used as a club, and that he had seen the weapon on several occasions, and thatit is used by police and martial arts as an offensive weapon used to strike. Also, the arresting officers had respondedto a call regarding an apparent burglary and found defendantcither exiting the building orin the vicinity thereof, detained him, and found the baton in a patdown seatch for weapons. Thus, even if the instrument was notinitially meant to be a weapon, the attendant circumstances indicated that the item was to be used as a weapon atthe time of atrest. People v . Mercer (1995) 42 Cal App 4th Supp 1, 49 Cal Rpir 2d 728. 4, Definitions Dirk and dagger are used. synonymously and consist of any straight stabbing weapon, as a dirk,stiletto, etc. People v Ruiz (1928) 88 Cal App 502, 263 P 836. A deadly weapondoesnotcease to be such by becoming temporarily inefficient, noris its essential character changed by dismemberment,ifthe parts may be easily assembled soas to becomeeffective. People v Williams (1929) 100 Cal App 149, 279 P 1040. A sling shotis defined as a small mass of metal or stone fixed ona flexible handle, strap or the like, used as a Weapon. People v Williams (1929) 100 CalApp 149, 279 P 1040. 00031 Page 14 Cal Pen Code § 12020 A flat steel wrench about six inches in length and weighing approximately five ounces, and a looped leather strap about twelve inches long so contrived by meansofwire and leather thongs as to allow the wrench to be placed ina pocket at one end, while the end forming the loop could be slipped over the wrist of the user and held in the hand, were - designated as a slung shot although both were not combined at the time they were found. Peopie v Williams (1929) 1100 Cal App 149, 279 P 1040. Blackjack used by defendant in knocking to pavement another person, with whomhe admits altercation, is deadly weapon. People v Duncan (1945) 72 Cal App 2d 423, 164 P2d 510. A sawed-offshotgun is contraband.Its possession by anyoneis a crime (Pen, Code, § 12020), People v Wasley (1966, Ist Disi) 245 Cal App 2d 383, 53 Cal Rpir 877. The term "sawed-off shotgun"is not prejudicial in andofitself, and has a well-established meaning in California law. People v De Arkland (1968, 2ndDist) 262 Cal App 2d 802, 69 Cal Rptr 144 (ovrld on other grounds by People v Beamon, 8 Cal 3d 625, 105 Cal Rptr 681, 504 P2d 905). Anordinary kitchen knife, having a wooden handle anda steel blade eight inches long, with a point and one cutting edge, was a "dirk or dagger" within the meaning ofPen. Code, § 12020, listing weapons for which a convicted defendant may receive additional punishment under Pen. Code, § 12022, and one convicted offirst degree burglary was properly found to have been armed within the meaning ofthe statute where he carried such weapon,it having the — characteristics of a stabbing and cutting weapori, and capable ofinflicting a fatal wound. People v Ferguson (1970, 2nd Dist) 7 Cai App 3d 13, 86 Cal Rptr 383. . Under Pen. Code, § 12020, proscribing possession of :any weapon made from rifle or shotgun if such weapon as modified has an overall length of less than 26 inches, a determination of "overall length" by a single straight line best comports with a legislative purpose of outlawing possession ofweapons commonto the "criminal's arsenal.” People v Stinson (1970, 4th Dist) 8 Cal App 3d 497, 87 Cal Rptr 537, The test of a "ditk or dagger" for thepurposes ofPen. Code, §12020, subd. (a), proscribing the concealed carrying of such a weapon, is whether the instrumentis designed primarily for stabbing. The fact that the weapon can be used to stab and is capable of inflicting death is not determinative. Thus, an unaltered pair ofbarber scissors carried inside a right glove didnot constitute a ditk or dagger within the purview of Pen. Code, § 12020, subd. (a), even though it was capable ofbeing used as a stabbing weapon, where it was designed only for use as a cutting tool and not primarily for , stabbing. Bills v Superior Court ofSolano County (1978, Ist Dist) 86 Cal App 3d 855, 150 Cal Rptr 582, Pen C§ 12020, which proscribes the concealed catrying of a "dirk or dagger" does not encompass every sharpened tool which can stab within the definition of dirk or dagger. An unaltered awl, whichis a pointed instramentfor marking surfaces or piercing small holes,is not a dirk or dagger as.a matter of law within the meaning of § 12020, and the dismissal of an information charging defendant, who carried an awl in his pants waistband, with a violation of § 12020 for carrying a dirk or dagger concealed upon his person was proper. People v La Grande (1979, Ist Dist) 98 Cal App ‘Bd 871, 159 Cal Rptr 709. , A belt buckle knife worn by defendant with a fixed blade of two and one-half to three inches in length and a handle doubling as a belt buckle, whose only practical use was for stabbing, was a dirk or daggeras set forth in Pen C § 12020 subd (a), as a matter of law, and when wornasintended presented a threat to public order. People v McClure (1979) 98 Cal App 3d Supp 31, 160 Cal Rptr 83. Tn a prosecution of defendant for carrying a concealed dirk or dagger (Pen. Code, § 12020, subd.(a)), the trial court properly left it to the jury to determine whether the knife defendant was carrying was a dirk or dagger within the meaning of the statute, where the knife had a three and three-fourth inch long steel handle and a four and three-eights inch longrelatively straight blade, with one cutting edgeand a slight curve toward the tip, where it was substantially made incapable ofinflicting a fatal wound, where the knife had a hand guard to prevent the hand from slipping onto the blade, and where there was evidence before the jury that the knife had been used as a stabbing weapon. People v Villagren (1980, 2ndDist) 106 Cal App 3d 720, 165 Cal Rptr 470. Pen. Code, § 12020, subd. (a), providing that any person who carries a concealed dirk or daggeris guilty of a felony, was intended by the Legislature to control possession of instruments not limited to those specifically created or manufactured as weapons, when the attendant circumstances indicate the possessor intends the instrumentfor a dangerous and not a hannless purpose. Thus, in a juvenile proceeding, the trial courtwasjustified in its determination that an ice pick of ordinary commercial manufacture fell within the statutory proscription where it was discovered by 00032 Page 15 Cal Pen Code § 12020 police during the course ofa precautionary pat-downsearch, concealed in the waistbandofa juvenile who had been detained for a traffic violation, and wherethe juvenile stated to the detaining officer that he carried the ice pick for protection. Re L. (1980, 2ndDist) 112 CalApp 3d 401, 169 Cal Rptr 354. In a proceeding in which a juvenile was found guilty of carrying a concealed dirk or dagger (Pen. Code, § 12020, subd. (a)) and was adjudicated to be a ward ofthe coutt, the trial court properly ruled that a kitchen knife which had been seized by a police officer from the juvenile's person was a "dirk or dagger” within the meaning ofPen. Code, § 12020, subd. (a), where the knife, which had a blade four andfive eighths inches in length and which had been concealedin the juvenile's back pocket, possessed the characteristics ofa stabbing and cutting weapon and was capable of inflicting a fatal wound, and where the juvenile, in a statement made immediately after the policeofficer's seizure of the knife, had revealed his intention to employ the knife as a weapon. Re W. (1981, 2nd Dist) 120 Cal App 3d 640, 175 Cal Rptr 30, Generally the provisions of a penalstatute are to be construed accordingto thefair import of their terms, with a view _ to effecting its object and to promoting justice. When thestatute is susceptible oftwo reasonable constructions, however, the defendantis ordinarily entitled to that construction which is favorable to him, Under these principles, the term "barrel" in Pen. Code, § 12020, subd. (d)(1), which defines "sawed-off shotgun” in part by referenceto the length of a firearm's barrel, can be defined without regard to whetherthe bolt is forward or back, which would give a longer or shorter measurement, respectively, since the barrel can be measured separately, apart from the bolt or any other part of _ the gun. Separate measurementrepresents a practical construction ofthe statute which is consistent with the functional definition the average person would likely ascribe to the term "barrel" as applied to a weapon;it also advancesthe protective purposes the Legislature intended the statute to serve. People v Azevedo. (1984, 4th Dist) 161 Cal App 3d 235, 207 Cal Rptr 270. Under Pen. Code, § 12020, subd.(a), providing that knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed, a hunting knife with a four-inch locking blade openly suspended from the waist below a folded-up sweatshirt from an ordinary, commetcially available knife sheath was not concealed. Jn re Alfredo S. (1984, 2nd Dist) 162 CalApp 3d 800, 208 Cal Rpir 794. In order to constitute a "dirk or dagger" within the meaning ofPen. Code, § 12020, subd. (a) (concealed weapons), a knife must possess certain minimumcharacteristics, including a straight, locking blade; a handguard to prevent the hand ofthe user slipping onto the bladeif the knife is used for stabbing; a handle; a symmetrical, tapering blade with two, three, or even four edges and a sharp point; and, perhaps, a blade ofmore than a certain minimumlength. Accordingly, a juvenile was improperly found to have unlawfully carried a concealed dirk or daggerin violation of § 12020, subd. (a), where the knife-like instrument he had, although dangerous, was sharpened on-only onesideofits curved blade, had no handguard, and had only a one andone- half inch blade. Jn re Conrad V. (1986, 2ndDist) 176 CalApp 3d 775, 222 . Cal Rptr $52. It was not error to revokedefendant's probation for violating Pen. Code, § 12020, subd. (a) (carrying concealed dirk or dagger), even thoughthe knife he was wearing had no handguard, had a short blade, andwas sharpenedon only one side. The knife was wedge-shaped and was two and one-quarter inches long. One side was sharperthan the other, but both sides narrowedto an edge that was thinner than atthe center. The handle was on the sameplaneasthe blade and waspositionedso thatit fitted into the palm ofthe hand with the blade protruding from between the middlefingers. The knife was a dagger, as matter of law, within the meaning ofthe statute; not only wasit fitted primarily for stabbing,it wasfitted for practically no other use. People v Pettway (1991, Ist Dist) 233 CalApp 3d 1067, 285 Cal Rpir 147. In a prosecution for possession of a concealed dirk or dagger (Pen. Code, § 12020, subd. (a)), the trial court erred in denying defendant's motion to exclude the knife from evidence, which motion was made on the ground thatthe knife wasnot a "dirk or dagger"as a matter of law. The terms "dirk or dagger"areto bestrictly construed, butin allowing the jury to consider defendant's intent in possessing the knife, the court permitted a common bread knife to be transformed into a dirk or dagger. The knife had characteristics that substantially limited its effectiveness as a stabbing instrument;it had no sharp edges, no stabbing point, no handguards, and nostiffblade. It was not a dirk or dagger as a matter of law. People v Barrios (1992, 5th Dist) 7 CalApp 4th 501, 8 Cal Rptr 2d 666. : In a prosecution for possession of a concealed dirk or dagger (Pen. Code, § 12020, subd, (a)),the trial court did not err by refusing to instruct the jurors that they could consider defendant's intent in possessing the weapon when deciding whether he possessed a dirk or dagger within the meaning ofthe statute. The terms "dirk" and "dagger"are to be strictly _ 00033 Page 16 Cal Pen Code § 12020 construed, and evidencerelating to the possessor's intended use of the weapon, whether used to expandorconstrict the class ofweapons that qualify as dirks or daggers, is irrelevant and should not be considered by thetrier of fact when deciding whether a given knife qualifies.The California Supreme Court has both approved the definition of the terms as written and consistently decidedthis type of case based solely on the physical characteristics of the weapon. It is not the use ofthe weaponthatis being proscribed by statute, but its possession. Moreover, although defendantasserted that the shortness of the blade and the fact that it was sharpened on only one side limitedits use as a stabbing instrument, the jury found otherwise, and defendant did not challengethe sufficiency of the evidence to support the jury's determination, nor did he claim the knife was not a dirk or dagger as a matter of law. People v Gonzales (1995, 5th Dist) 32 CalApp 4th 229, 38 Cal Rptr 2d 52. 5. Possession / This statute does not prohibit possession of the named weapons as such, but ofall weaponsofthe same class. People v Mutherin (1934) 140. Cal App 212, 35 P2d 174. In a prosecution for possessionof a blackjack, where the instrument is found ina suitcase under the bed in a room occupied jointly by the defendant and another man and,although the defendant denied he had ever seenthe instrument before it was producedathis preliminary hearing, police officerstestified that he admitted to them at or shortly after his arrest that it belonged to him, the question of the defendant's possession of the instrument was one of fact, and the jury’s determination of the defendant's guilt was conclusive on appeal. People v McKinney (19335) 9 Cal App 2d 523, 50 P2d 827. Proofofpossession alone in sufficient to convict, and it is not necessary to prove malicious intention on the part of the possessorofthe interdicted weapon,or actual or wrongful use of it. People v McKinney (1935) 9 Cal App 2d 523, 50 P2d 827. ; The possession of a "money fist” is not made illega{ by this statute, this object not being commonly known as a blackjack, slung shot, billy, sand club, sandbag, or metal knuckle which are mentioned in the statute. Peaple.v Golden: (1946) 76 Cal App 2d 769, 174 P2d 32, Defendant's arrest without warrant was reasonable when he advised officer in his hotel room that pair ofbrass knuckles was under his bed mattress, People v Bouchard (1958, 2ndDist) 161 Cal App 2d 302, 326 P2d 646. Arrest of defendant convicted ofrobbery was lawful whereat timeofhisarrest he was stopped by officers for driving vehicle on public highway with one license plate missing and hadon floorof car a straight steel bar and capped conical bar; under such circumstancesofficers could have honest and strong suspicion that defendant was in possession of © instruments or weapons described in this section, People v Odegard (1962, 2ndDist) 203 Cal App 2d 427, 21 Cal Rptr 515 (disapproved on other grounds by Mozzetti v Superior Court ofSacramento County, 4 Cal3d 699, 94 Cal Rptr 412, 484 P2d 84). In prosecution for possession of sawed-off shotgun,fact that gun was broken down into three componentparts thus was not ready for immediate use did not negatecrime where evidence indicated that gun could be assembled and used in matter of seconds. People v Guyette (1964, 5th Dist) 231 Cal App 2d 460, 41 Cal Rptr 875. Possession of altered baseball bat, taped at smaller brokenend and heavier at unbroken end, carried aboutin car, obviously usable as "billy," and clearly not transported for purpose ofplaying baseball violatedprohibition of possession of dangerous objects in-this section, People v Grubb (1965) 63 Cal 2d 614, 47 Cal Rptr 772, 408 P2d100. The purposeofthe Legislature in proscribing the mere possession(as distinguished from actual use) of weapons such as sawed-off shotguns wasto outlaw the possession ofweapons common to the criminal's arsenal. People v Satchell (1971) 6 Cal 3d 28, 98 Cal Rptr 33, 489 P2d 1361, 50 ALR3d 383. Those who perpetrate homicide while engaged merely in the commission of the felony of violating either Pen. Code, § 12020 (possession by any person of a weapon such as a sawed-off shotgun) or Pen. Code, § 12021 (possession of a concealable firearm by an ex-felon) may not be convicted ofmurder unless the existence of the crucial mental state of matice aforethought is actually demonstrated to the trier offact. People v Satchell (1971) 6 Cal 3d 28, 98 Cal Rpir 33, 489 P2d 1361, 50 ALR3d 383. The merefact that a "sawed-off shotgun," as the term is used in Pen, Code, § 12020, is inoperable does not put it outside of the statutory proscription ofpossession of such a device. Thus, the fact that the bolt was not in a sawed-off rifle found in defendant's possession did not preclude his conviction under the statute. People v Favalora (1974, Ist 00034 Page 17 Cal Pen Code § 12020 Dist) 42 Cal App 3d 988, 117 Cal Rptr 291. In a prosecution for possession of heroin and amphetamines, and possession of a sawed-off shotgun,an inference of defendant's knowledgeand possession of the contraband was properly drawn, where, though defendant's girl friend and two others had keys to defendant's house, the promises were nonetheless in his possession and control on the day ofhis arrest, with onlyhis girl friend sharing his bedroom in which the contraband. was found, where defendant admitted constructing a waterbed frame with concealed compartments within which the contraband was found, and admitted using shotguns for hunting and havingin his possession live shotgun shells, and where there was no direct evidence that others having accessto the house had knowledgeofthe secret storage area. People v Rice (1976, 3rd Dist) 59 CalApp 3d 998, 131 Cal Rptr 330. A defendant convicted ofrobbery while armed with a sawed-off rifle, and assault with a deadly weapon with a firearm use enhancement was improperly sentenced to a consecutive term for possession of the same sawed-off rifle (Pen. Code, § 12020, subd. (a)), where the evidence showed only a possession of the weapon in conjunction with the primary offenses and did not show possession at any othertime or for any other purpose. In order to satisfy Pen. Code, § 654 (prohibition against multiple punishment), the evidence must show a possession distinctly antecedent and separate from the primary offense. People v Hays (1983, 4th Dist) 147 Cal App3d 534, 195 Cal Rptr 252. 6. Instructions The courtis justified in instructing the jury that possessionis theessence of the offense and in refusing to give instructions that the use or lack ofuse of the weapon,or its being kept as a keepsake or curio, would affect the guilt or innocence of the defendant. People v Ferguson (1933) 129 Cal App 300, 18 P2d 741, Thereis no error in refusing to give an instruction that a blackjack is a leather coveredbilly or club weighted at the head and havinga flexible shaft, and that the defendant should be found not guilty unless the instrumentin evidenceis such a weapon, or in giving instructions that the defendant should be found guilty if he had possessed a weapon ofthe kind commonly knownas a blackjack orbilly, that a billy is a bludgeon, as one for carrying in the pocket, or a policeman's club, and that a blackjack is a short bludgeon consisting of a heavy head onan elastic shaft with a flexible handle, in view of the factthat a blackjack, while usually covered with leather, is not necessarily covered at all. People v Mulherin (1934) 140 Cal App 212, 35 P2d 174. There is no errorin giving an insteuction which conformsto the statute andis to the effect that the statute provides that every person who possesses any instrument or weapon ofthe kind commonly knownas a blackjack, slung shot, or billy shall be guilty of a felony. People v Mulherin (1934) 140 CalApp 212, 35 P2d 174. Where thejury is instructed that the instruments in question are “within the purview ofthe instruments announced in the code," the jury is not thereby told that the instruments in evidence are weaponsprohibited by the act, but are merely told that such instruments are within the field or scope ofthe act, it being one for the jury to declare whether these particular clubs actually were illegal weapons. People v Canales (1936) 12 Cal App 2d 215, 55 P2d289. In a prosecution for carrying a concealed weaponin the form ofa spring blade knife, it is not necessary that the court give on its own motion an instruction on circumstantial evidence, or that if there are two inconsistenttheories the jury could adoptthe one favorable to the defendant, where an instruction is given to the effect that the defendant is not to be found guilty unless the fury believesto a moral certainty that the knife was fitted primarily for stabbing and was capable ofinflicting death. People v Shah (1949) 91 Cal App 2d 716, 205 P2d 1081, In a prosecution for carrying a concealed weaponin the-form of a spring blade knife, an instruction defining dirks or daggers and sub-species thereof, and tellingthe jury that they are to find the defendantguilty only if the knife comes within such category, is a sufficient definition. People v Shah (1949) 91 Cal App 2d 716, 205 P2d 1081. Jn a prosecution for illegal possession ofmetal knuckles (Pen. Code, § 12020), though the statuteitself was not too vagueto satisfy constitutional standards, the jury was entitled to some guidancebythetrial court as to the meaning of the statutory terms, where the knuckles were unlike those ordinarily described in the dictionaries and the statute fails to define the term "metal knuckles", People v Deane (1968, 2nd Dist) 259 Cal App 2d 82, 66 Cal Rptr 177. In a prosecution forillegal possession ofmetal knuckles (Pen. Code, § 12020), the jury, in addition to being instructed to the effectthat, although the statute names several types ofweaponsspecifically, the law embodiedin the statute includes all other weapons of the same kind, and they should determine from the evidence whetherdefendant possessed any instrument or object so named or of the same kind, as charged, should also have been instructed to the 00035 Page 18 Cal Pen Code § 12020 effect that the possession of a sometimes-useful object may be unlawful wherethe attendant circumstancesindicate that the defendant would use theobject for a dangerous purpose, where there was evidencethat the object in question, though alleged by the prosecution to be a form ofmetal knuckles, was used legitimately and lawfully as a toolbox handle, and, there was conflicting testimony as to defendant's admission that he kept the object in his car for protection. People v Deane (1968, 2ndDist) 259 Cal App 2d 82, 66 Cal Rptr 177. In a prosecution for possession of a sawed-off rifle (Pen, Code, § 12020), the trial court did noterr in refusing defendant's offered instruction to the effect that there must be evidence showing that the possessor contemplated an unlawful use of the weapon, where the illegal nature of defendant's rifle was unambiguous;it was a "sawed-off"rifle - and nothing else. People v Stinson(1970, 4ih Dist) 8 CalApp 3d 497, 87 Cal Rptr 537. , In a prosecution for possession of a sawed-offshotgun (Pen. Code, § 12020), testimony that defendant appeared to be reaching for the shotgun's trigger was properly admitted as factual and within the witness' personal knowledge (Evid. Code, § 702). People v Phillips (1970, 4th Dist) 10 CalApp 3d 488, 89 Cal Rptr 142. In prosecution for possession of a sawed-off shotgun (Pen. Code, § 12020), the trial court properly admitted a witness' testimony that after the gun in question was taken from defendantin a cafe tussle, she asked him why he had cometo the cafe with a gun, and that defendant answered some people had tried to rob him that night; defendant's answer wasadmissible as an admission he intended to exercise dominion and control over the weapon (Evid. Code, § 1220). People v Phillips (1970, 4th Dist) 10 Cal App 3d 488, 89 Cal Rptr 142, In a prosecution for assault with a deadly weapon and carrying a concealed dirk or dagger, the trial court's error, if any, in failing to define "dirk," "dagger," and "deadly weapon," was not prejudicial, Examination of the weapon established that it was designed and could be used only to stab, and it was therefore a dirk or dagger as a matter of law. Moreover, the instrument was obviously a deadly weapon in that it was used to stab the victim who was hospitalized as a result of its use. People y Cabral (1975, 2nd Dist) 51 Cal App 3d 707, 124 Cal Rptr 418. A defendant's intent in possessing a coppercable identified by police officers as a billy club was itrelevantto the offense ofpossession ofa billy club (Pen. Code, § 12020, subd. (a)); it was enough that he was in possession of an item meeting the description of a billy club, People vy Molina (1994, Ist Dist) 25 CalApp 4th 1038, 30 Cal Rpir ad 805. 7, Evidence There is no merit in the contention that there was no evidence to show that the instruments alleged to have beensold were billies, where they were produced atthetrial and where there was ample evidence to show that they were commonly known asbillies, People vy Makovsky (1935) 3 Cal 2d 366, 44 P2d 536. In prosecution for possession of sawed-off shotgun, it was proper to prove that defendant conspired with two others to obtain sawed-off shotgun and to rob bank to show that every act of conspirators in furtherance of commonplan was act of each; and apart from that factor, proof of motive for possession was proper. People v Guyeite (I964, 5th Dist) 231 CalApp 2d 460, 41 Cat Rpir 875. In a prosecution for possession ofan illegal weapon (Pen. Code, § 12020), in orderto sustain conviction, there must be evidence tending to show that, at the time and place ofthe illegal possession, the possessor contemplated an unlawful use ofthe weapon, wherethere is also evidence that the alleged illegal weapon has a legitimate and lawful use as well as anillegal use. People v Deane (1968, 2ndDist) 259 Cal App 2d 82, 66 CalRpir 177. Sawed-off shotguns and other patently dangerous weapons, unlike narcotics, are not arabiguous in appearance, so that one would not be surprised to learn that their possession is regulated by the government. The Legislature could rationally conclude that anyone who sees such a device may be assumedto recognizeits potentially lethal character, that anyone proposing to take possession of such a device must ascertain the legality of its possession, and that anyone who takes possession without confirming the legal right to do so runsthe risk of a felony conviction. This is what the Legislature apparently intended by Pen. Code, § 12020, subd. (a) (prohibiting possession of sawed-off shotguns), and, therefore, in prosecuting defendant underthatstatute theonly mental state the prosecution was required to prove was that defendant knew she had possession ofthe item in question. Defendant wasthus properly convicted where sbe did not contest the sufficiency of the evidence onthatissue. People v Valencia (1989, Ist Dist) 214 Cal App 3d 1410, 263 Cal Rpir 301. In a prosecution for possession of a bullet carrying or containing an explosive agent (Pen, Code, § 12020, subd.(a), the trial court did noterrin failing to give a suasponte jury instruction that knowledgeofthe contrabandnature-ofthe 00036 Page 19 Cal Pen Code § 12020 bullet is an elementofthe offense, since the only mentalstate the prosecution must prove to sustain a convictionis that the defendant knew that he possessed the bullet. In enacting the statute, which proscribes possession of any bullet containing or carrying an explosive agent, rather thanknowing possession of such a bullet, the Legislature was aware of previous case law holding that under the Machine Gun Law of 1927,the possessor of a machine gun need not have known the gun was a machine gun, since the Legislature did not include the word "knowingly" before "possession"in the statute. The Legislature has continued selectively to employ the term "knowingly," and has demonstrated, by not qualifying the term "possession,"thatit intended to require only knowledge ofthe bullet's presence. People v Lanham (1991, 4th Dist) 230 Cal App 3d 1396, 282 Cal Rptr 62. 8. -Sufficiency In a prosecution for possession of metal knuckles, the evidence is sufficientto establish the existence of the instrument, even thoughthe instrumentis not all metal, where it consists of alternate strips of sheet lead and gum tape, ‘makingit a set of knuckles somewhatin the shape of a bracelet and ofsize to fit over four finger knuckles, and an expert, an inspector of the police department, described the instrument as a "pair of metal knuckles." People v Quinones (1934) 140 Cal App 609, 35 P2d 638. The evidénce was sufficient to show a joint possession or control of a blackjack byall three defendantswhere they admitted being involved in a fight, where the blackjack covered with blood and empty bottles were foundin the automobile in which they were driving away from the scene, whére one defendant had wanted “to whip a man," where thereafter there was a breaking of glass and the man wasstruck over the head with a blunt instrument which did not _ break the skin, and where the hands oftwo of the defendants were cut, while the other defendant's handswerenotcut, thereby indicating that this defendant wielded the blackjack and that the other defendants wielded the bottles. People v Felix (1943) 58 CalApp 2d 646, 137P2d 472. In prosecution for unlawful possession of deadly weapon, corpusdelicti was established by testimony of arresting officers that defendant was armed with blackjack, and by defendant's testimony admitting such possession. People v Sparks (£947) 82 Cal App 2d 145, 185 P2d 652. A conviction was supported by evidenceoftwopolice officers that they observed an object about seven incheslong in the pocket ofthe defendant's lightweight coat and upontaking it from his pocket found it to be a knife with a spring blade opening by pressure on a button to constitute a dirk or dagger. People v Shah (1949) 91 Cal App 2d 716, 205 Pd 108. Proofofpossession alone of any instrument known as black-jack, slug shot, billy sandclub, sandbag, or metal knuckles is sufficient for conviction underthis section;it is not necessary to prove malicious intent or wrongful use of them. People v Odegard (1962, 2ndDist) 203 Cal App 2d 427, 21 Cal Rptr 515 (disapproved on other grounds by Mozzetti v Supertor Court ofSacramento County, 4 Cal 3d 699, 94 Cal Rpir 412, 484 P2d 84). Evidencesufficed to hold defendant responsible for possession of sawed-off shotgun where there was proof that it was his idea to purchase shotgun andconvertit to sawed-off weapon,that he participated with two others in selecting and buying gun,that with hacksaw he converted it into sawed-off shotgun, and that he placedit in suitcase containing his clothing. People v Guyette (1964, 5th Dist) 231 Cal App 2d 460, 41 Cal Rptr 875. The court's determination that the accused, a felon, was in possession of a,32 caliber automatic pistol, narcotics, and a sawed-off shotgun found in the automobilethat he was driving, which constituted the basis of the crimes with which he was charged, was supported by circumstantial evidence that the accused was the driverof the vehicle, and that the key to the glove compartment andtrunk containing the contraband was partially hidden underthe floor matofthe vehicle, and that a suitcase found in the trunk belonged to the accused. People v Prochnau (1967, 2ndDist) 251 Cal App 2d 22, 59 Cal Rpir 265. There was sufficient evidence for conviction for possession of a blackjack (Pen. Code, § 12020), and a concealable firearm (Pen. Code, § 12021), where both weapons were found in the automobile defendant wasdriving at the time of his arrest, and where defendant was in the exclusive possession of the automobile for a period of two weeks and had the use ofit for at least one month. People v Burnett (1967, 1st Dist) 251 Cal App 2d 651, 59 Cal Rptr 652. In a prosecution for possession ofanillegal weapon (Pen. Code, § 12020), evidencethat the object in evidence falls within the definition of the statute and is usable only as anillegal weapon meets any requirement of evidentiary support therefor, andthis may be provided by the testimony ofan expert. People v Deane (1968, 2nd Dist) 259 Cal App 2d 82, 00037 Page 20 Cal Pen Code § 12020 66 Cal Rptr'177. Defendant's conviction under the Dangerous Weapons Control Law was supported by substantial evidence, where a witness testified that ae saw defendant with therifle in question, hit him on the head, and took therifle from him, where the rifle was turned overto the police and booked into evidence, and where an adequate chain of possession was established to allow admission of the weapon in evidence. People v Sims (1970, 2nd Dist) 8 Cal App 3d 599, 88 Cal Rptr 225. Under Pen. Code, § 12020, possessing a sawed-off shotgun is a crime; the statute does not require proof of criminal use of the weapon. People v Phillips (1970, 4th Dist) 10 CalApp 3d 488, 89 Cal Rptr 142. Where defendant volunteered to a police officer that a sawed-off shotgun found by police in an alley two days before belonged to him, evidence established sufficient cause to hold him to answer on the charge ofpossession of a sawed-off shotgun (Pen. Code, § 12020)on the date it was found, since the existence ofthe shotgun aloneestablished the corpus delicti of the offense independently of defendant's extrajudicial statement, and the statement, in which defendant admitted that he and a codefendant wentto get the gun shortly before it was used and foundin thealley, supported the inference that defendant possessed the gunat the time charged in the information. People v Reeves (1974, 2ndDist) 39 Cal App3d 944, 114 Cal Rpir 574. The evidence was adequate to sustain defendant's conviction ofviolating the dangerous weapons control law (Pen. Code, $ 12020), where it appeared that police officers, who had been notified of a disturbance, observed defendantin a vacantlot with his hands in theair, overhis head, as though he was throwing something behind him; where the sound of something striking the ground was heard bythe officers, although no article was specifically observed tohave been thrown; where, on investigation, a sawed-off shotgun was found some 25 to 30-feet from defendantand in the direction of the throw: where the weapon was dry and loaded, determined to be operable, while the area in which the gun was located was covered with mashed down, long grass, and was wet with dew, People v Herron (1976, 2ndDist) 62 Cal App 3d 643, 133 Cal Rptr 287, Tn a prosecution for carrying a concealed dirk ar dagger (Pen. Code, $ 12020, subd. (a)), there was sufficient evidence of substantia! concealment even though thetip ofthe knife had been protmiding from defendant's pocket. ‘The jury was permitted to examinetheknife, which was approximately seven and three-eighths inches long, and wasapprised that only one and one-half to two inchesofthe blade were protruding from defendant's pocket. Those facts supported a finding of substantial concealment. A defendant need notbe totally successful in concealing a knife to be guilty of violating $ 12020, subd. (a). People v Wharton (1992, 3rdDist) 5 CalApp 4th 72, 6 Cal Rptr 2d 673, In juvenile proceedings,the trial court properly found that the object the subject minor was carrying when detained by the police was a dirk or dagger within the meaning ofPen. Code, § 12020, subd. (a). The only evidence presented was that the instrumentstarted as a tire repair tool but had been altered to resemble an ice pick or other tool for stabbing. The fact the actual shaft of the object was less than two inches, was not dispositive, as the statute has no length requirement. The terms "dirk" and"dagger" are used synonymously, They consist in a straight stabbing weapon, and the object need notfit the commonperception ofa knife. Since the object was redesigned to have a sharp point, the trial court was entitled to concludeits primary purpose was to serve as a stabbing instrument, and the minor had admitted to the police officer that he carried it for "protection." Jn re Victor B. (1994, 4th Dist) 24 CalApp 4th 521, 29 Cal Rptr 2d 362, - 9, -Admissibility The fact that the defendantprior to the sale in question had made sales ofweaponsofthe typesold to the special officer, or that he was suspected of dealing in such weapons, would be inadmissible, but the fact that the officer was sent to the defendant's place of business by the police departmentfor the purpose of ascertaining whether he could buy a billy from the defendant was quite persuasive that the defendant was not entirely free from suspicionsby the police officers, andthere was no merit in the defendant's contention on appeal that there was no evidence that he was engaged in selling weapons, the sale of which was forbidden by law,orthat he was even suspected of dealingiin such weapons. People vy Makovsky (1935) 3 Cal 2d 366, 44 P2d 530. Wherethe defendant denies possession or ownership of the weapons, intimating they had beenplanted in his car, any evidence which tends to show a motive or reason to possess such an instrumentts admissible as bearing upon the fact of possession, People v Canales (1936) 12 Cal App 2d 215, 55 P2d 289. 00038 Page 21 Cal Pen Code § 12020 In a prosecution for carrying a concealed spring blade knife, testimony of an officer as to the nature and operation of the weapon was admissible, since the character of the weapon wasinitselfconcealed until a spring thereon was pressed, andtestimony ofthe defendantas to his knowledge ofits nature and character was properly elicited, in order to show that the carrying of the weapon was notjustifiable or excusable, People v Shah (1949) 91 CalApp 2d 716, 205 P2d L081. ; Officers lawfully entering suspect's premises to search for narcotics are not required to blind themselves to whatis in plain sight simply becauseit is disconnected with purpose for which they entered, and fact that such search discloses anothercrime, such as illegal possession of blackjack, does not render blackjack inadmissible in evidence. People v ‘Shafer (1960, 2nd Dist). 183 Cal App 2d 127, 6 Cal Rptr 594. Where possession ofweapon is denied, any evidence that tends to show motive or reason to possess it is admissible as bearing on possession. People v Guyette (1964, 5th Dist) 231 Cal App 2d 460, 41 Cal Rptr 875. In prosecution for possession of sawed-off shotgun, where it appeared that three persons conspired to purchase shotgun and to convert it into forbidden weapon, anything donein furtherance of conspiracy by any of three was properly admissible as against each of them. People v Guyette (1964, Sth Dist) 231 Cal App 2d 460, 41 Cal Rptr 875. In a prosecution forillegal possession of metal knuckles (Pen. Code, § 12020), the submissionto the jury of the object in question to which wastied a form ofthe city police department entitled "Recovered Property" with handwritten words thereon identifying the attached object as "one home-madebrass knuckle" may have been prejudicial to defendant, where defendantintroduced evidencethat the object was used by himas a tool box handle, and where the object introduced added nothing to the people's proof. People v Deane (1968, 2ndDist) 259 Cal App 2d 82, 66 Cal Rptr 177. : In prosecutions for possession of narcotics and marijuana (Health & Saf. Code, $§ 11500, 11530, 11530.5) and possessionof and carrying a blackjack and a loaded, concealed firearm in a vehicle (Pen. Code, §§ 12020, 12022, " 12025(a), 12031(a), the defendants' petition for writ ofmandate brought under Pen. Code, § 1538.5 to compel suppression ofevidence on the ground the search occurred during an unlawful detention was granted where a police officer had approached a legally parked car by the roadside in the middle of the night, had seen a family asleep inside, awakened oneofthe occupants but did not have any reason to suspectillegal behavior, asked him if “everything wasall right" andreceived an affirmative answer, and then, prompted only by general curiosity and without probable cause, requested further identification, continued the detention, radioed for warrant checks, and upon learning offive outstanding misdemeanor counts, conducted an extensive search ofthe vehicle andits contents. Barber v Superior Court ofSan Diego County (1973, 4th Dist) 30 Cal App 3d 326, 106 Cal Rptr 304. A search warrant authorizing a search of a person doesnot permit a search for that person at a residence not described in the warrant, even thoughthe police officers may have a reasonablebasis to believe the person to be search is present, and such a search is pet se unreasonable in the absence of exigent circumstances. Thus, in a prosecution for possessing a sawed-off shotgun and possessing marijuana, defendant was entitled to suppress all evidence of those charges, where the police, in connection with a homicide investigation and armed with a search warrant authorizing the search ofa ranch and the person of a namedindividual for certain enumerated objects, had entered the residence of the named individuals' brother which was located nextto, but not on, the ranch namedin the warrant, and in searching the residence for the named individual, who was not there, saw the marijuana and sawed-off shotgun in plain view, where the officers, then obtained a telephonic search warrant authorizing a search for the shotgun and narcotics and drugs and then executed the warrant, and where the brother of the named individual had not voluntarily consented to the search of his residence. Lohman v Superior Court ofSan Diego County (1977, 4th Dist) 69 Cal App 3d 894, 138 Cal Rptr 403. A juvenile was not given his Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [16 L Ed2d 694, 86 S Ct 1602, 10 ALR3d 974]) rights before being questioned concerning his possession ofillegal karate sticks, and thus a statement madeby him to police officer that the sticks belonged to him was inadmissible at his hearing on whetherhe should be declared a ward of the court, where the evidence indicated that the minor was sitting in the passenger seat of a vehicle and another juvenile was in the driver's seat, that two police officers saw a beer can on the dashboard, approached the vehicle, and while one officer was detaining the minors near his car, the other found twoillegal karate sticks on the floor ofthe vehicle on the driver's side and asked to whom they belonged,obtaining a reply from the minor that they were his. Re M. (1977, 2ndDist) 72 Cal App 3d 133, 139 Cal Rpir 902. Onlyratherslight or prima facie proof is necessary to establish the corpus delicti necessary before the admission of a 00039 Page 22 Cal Pen Code § 12020 confession. Thus in a proceeding in which a juvenile was found guilty of carrying a concealed dirk or dagger (Pen. Code, § 12020, subd. (a)) and was adjudicated to be a ward of the court, the trial court properly admitted a statementin which thejuvenile revealed his intent to use a certain kitchen knife as a weapon wherethe state had previously established the corpus delicti of the crime of carrying a concealed dirk or dagger by demonstrating that during a pat-downsearch police officer had discovered the knife concealed in the juvenile's back pocket, and where the statement, that the juvenile carried the knife for his protection, was material to show that he carried the knife knowingly and with the intent to use it for a dangerous purpose. Re W. (1981, 2nd Dist) 120 CalApp 3d 640, 175 Cal Rptr 30. 10. Appeal In a prosecution for the possession ofa blackjack or slung shot, the error of the trial court in defining a slung shot as a blackjack was not prejudicial, where the jury properly disregardedthe instruction and found that the weapon was a slung shot, People v Williams (1929) 100 Cal App 149, 279 P 1040. Ina prosecution for possession of "what is commonly knownas a blackjack,” the verdict of conviction is not contrary to and unsupported by the evidencealthough itappears that the weapon would have been more correctly described as a sling shot and that it consisted of a mass ofmetal fixed on a flexible handle, strap or the like. People v Mutherin (1934) 140 Cal App 212, 35 P2d 174. In prosecution under provision making possession of"billy" unlawful, admission into evidence of defendant's statements as to his possession and use ofbroken baseball bat, which set forth very elements that convertedbat, usable for peaceable purposes, into kind ofinstrument proscribed by statute wasprejudicial and reversible error. People v Grubb (1965) 63 Cal 2d 614,47 Cal Rpir 772, 408 P2d 100. The queston ofknowledge of the presence ofweapons in an automobile used by defendantis for the jury andits determination will not be disturbed on appeal, People y Burnett (1967, Ist Dist) 251 CalApp 2d 651, 59 Cal Rptr 652. In a prosecution for illegal possession ofmetal knuckles (Pen, Code, § 12020), the jury verdict could notstand, where the appellate court could only speculate as to whether the verdict was based on defendant's admission of an improper purpose for the object in question, or on a non-expert opinion as to the possible use and nature of the object, or on an anonymousclassification of the object when presented to the jury, or on some definition of the object evolved by the jury without proper guiding instructions, People v Deane (1968, 2ndDist) 259 Cal App 2d 82, 66 Cal Rptr 177. On appealfrom a conviction of possession of a sawed-off rifle (Pen. Code, $ 12020)defendantcould not successfully contendthatthe rifle involved was oflegal length, where such contention involyed measuring the weapon from itstip to _ the backofthe barrel and thence downalong the stockto its back, and whereeither of two singlestraight line measurements made by police officers showed the weaponto be a sawed-off rifle within the meaning ofthe statute. ' People v Stinson (1970, 4th Dist) 8 Cal App 3d 497, 87 Cal Rpir 537. In a prosecution of defendant for possession of a sawed-off rifle (Pen. Code, § 12020) and ofbeing in possession of a concealable firearm after he had previously been convicted of a felony (Pen. Code, § 1202/), the finding that defendant had previously been convicted of a felony for a 1971 violation ofPen. Code, § 12021, was required to be set aside. where the minutes of the prior prosecution admitted into evidence showed onits face that defendant had received a misdemeanorjail sentence for that violation, but there was no reasonable groundto believe the findings of guilt as to the substantive crimes was prejudicially affected thereby, since the evidence of defendant's guilt was unquestioned and there was unquestioned evidence of a 1967 conviction for robbery to supply the necessary Proof that defendant was an ex-felon. People v Perry (1974, 4th Dist) 42 Cal App 3d 451, 116 Cal Rptr 853 (superseded by statute as stated in People v Levell (61h Dist) 201 Cal App 3d 749; 247 Cal Rpir 489), On appeal of defendant's conviction ofpossession ofa dirk or dagger in violation of Pen. Code, § 12020, the court was not required to consider the claim that a folding knife found on defendant wasnot a dirk or dagger within the meaning ofthe statute, where defendant conclusively admitted that it was by his plea of guilty to that offense. People v Jones (1979, Ist Dist) 95 Cal App 3d 403, 157 Cal Rptr 51: On appealby a gang member from convictions for being an accessory to a felony (Pen. Code, § 32) bydisposing of murder weapons used in gang warfare, and for possessing a sawed-off shotgun (Pen. Code, § 12020), defendant was precluded from contending that expert testimony regarding his membership in a youth gang should have been excluded as inadmissible hearsay, where defendant failed to preserve such issue for appeal by a timely and specific objectionin the trial court. Defendant should have movedto strike the relevant portions of the expert's testimony onceit was 00040 Page 23 Cal Pen Code § 12020 determined on cross-examination that his opinion regarding defendant's membership in the gang was based in part on having been so informedby other admitted gang members, People v Szeto (1981) 29 Cal 3d 20, 171 Cal Rptr 652, 623 Pad 213. SUGGESTED FORMS ALLEGATION CHARGING POSSESSION OF DEADLY WEAPON The ---- [Grand Jury or Distriet Attorney] of the County of ~---accuses -—--of a felony, that is: A violation of Section 12020 of the Penal Code ofthe State of California, in that on or about —-- [date], in the County of ----, State of California, ---- [he or she] ---- [---- (did wilfully, unlawfully and feloniously possess an instrument and weaponor possessed an instrument orweapon) of a kind commonly knownasa ---- or specify other act denounced bystatute]. 00041 © Volume 1 ‘STATUTESOF CALIFORNIA AND DIGESTS OF MEASURES 1997 Constitution of 1879 as Amended General Laws, Amendments to the Codes, _ and Resolutions passed by the California Legislature 1997-98 Regular Session — 1997-98 First Extraordinary Session Compiled by BION M. GREGORY legislative Counsel 00042 (Ch. 158 ] STATUTES OF 1997 774 benefit at any other time for purposes of the planned absence authorized by this section. (c) The employee, if requested by the employer, shall provide | documentation from the school or licensed child day care facility as proof that he or she participated in school or licensed child day care facility activities on a specific date and at a particular time. For purposes of this subdivision, “documentation” .means whatever written verification of parental participation the school or licensed child day care facility deems appropriate and reasonable, (d) Any employee who is discharged, threatened with discharge, _ demoted, suspended, or in any other manner discriminated against jn terms and conditions of employment by his or her employer because the employee has taken time off to participate in school or licensed child day care facility activities as described in this section shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shaJl be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. CHAPTER 158 An act to amend Sections 12020, 12021, 12026.2, 12092, 12094, 12201, 12316, and 12322 of the Penal Code,relating to firearms. [Approved by Governor August 2, 1997. Filed with Secretary of State August 4, 1997.] The people of the State of California do enactasfollows: SECTION 1. Section 12020 of the Penal Code is amendedto read: 12020. (a) Any person in this state who manufactures or causes io be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fiéchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst, trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a 00043 72 STATUTES OF 1997 [Ch. 158] blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a ‘destructive device as that term is used in Section 12301. (b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs’ offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreledrifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scope of their duties. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter and notin violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense. (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teachesthe arts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm” means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also anyfirearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in — the United States and. is not readily available in the ordinary channels of commercial trade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio orrelic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the. Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest orintestate succession mayretain title for not nyyea, (Ch, 158 | STATUTES OF 1997 13 than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision(a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and whichis in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto, Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfertitle to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption providedin this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device isa firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices Hsted in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactions withthoseentities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or -ammunition, other than a short-barreled rifle or short-barreled shotgun, by peaceofficers thereof when onduty and the use is authorized by the agency and is within the course and scope of their duties. . 774 STATUTES OF 1997 [Ch. 158 ] (13) Weapons, devices, and ammunition, other than 4 short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a)- solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that. are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a) that is not a firearm that is found and possessed by a person who meets al! of the following: (A) The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section §100or 8103 of the Welfare and Institutions Code. (B) The person possessed the instrument, ammunition, weapon, or device no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency’s disposition according to law. (C) If the person is transporting the listed item, he or she is transporting the listed item to a law enforcement agency for disposition according to law. (16) Any firearm, other than a_ short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who meets all of the following: (A) The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person possessed the firearm no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency’s disposition according to law. (C) If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency for disposition according to law. (D) Prior to transporting the firearm to a law enforcement agency, he or she has given prior notice to that law enforcement agency that he or she is transporting the firearm to that law enforcement agency for disposition according to law. (BE) The firearm is transported in a locked container as defined in subdivision (d) of Section 12026.2. 00046 (Ch. 158] STATUTESOF 1997 775 (17) The possession of any weapon, device, or ammunition, by a forensic laboratory. or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (c) (1) As used in this section, a “short-barreled shotgun” means any of the following: (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesignedtofire a fixed shotgunshell. (C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (D):Any device. which may. be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs(A) to (C), inclusive. (E). Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person. (2) As used in this section, a “short-barreled rifle” means any of the following: (A) A rifle having a barrel or barrels of less than 16 inches m length, (B)A rifle with an overall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length ofless than 26 inches ora barrel or barrels of Jess than 16 inches | in length. . (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm ‘mounted or enclosed in a case, resembling a wallet, designed to be 776 STATUTES OF 1997 [ Ch. 158] or capable of being carried in a pocket or purse, if the firearm may be fired while mountedor enclosed in the case. (5) As used in this section, a “cane gun” means any fitearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein. (6) As used in this section, a “fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins which take up tive-sixteenths of an inch of the body. (7) As used in this section, “metal knuckles” means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the handorfist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (8) As used in this section, a “ballistic knife’ means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an arrow or a-bolt by means of any common bow, compound bow, crossbow, or underwater spear gun. (9) As used in this section, a “camouflaging firearm container” means a container which meetsall of the followingcriteria: (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (C) It is not readily recognizable as containing a firearm. “Camouflaging firearm container’ does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. | (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. 00048 ch. 158] STATUTES OF 1997 777 (D) It is made oraltered to expel a projectile by the forc e of an explosion or other form of combustion. (11) As used in this section, a “shuriken” means a ny instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and desi gned in the shape of a polygon, trefoil, cross, star, diamo nd, or other geometric shape for use as a weapon for throwing. (12) As used in this section, an “unconventional pistol” means a firearmthat does not have a rifled bore and has a barr el or barrels of jess than 18 inches in length or has an overall leng th of less than 26 inches. . . (13) As used in this section, a “belt buckle knife” is a knif e which is made an integral part of a belt buckle and consists of a blade with a length ofat least 21/2 inches. | (14) As used in this section, a “lipstick case knife” mean s a knife enclosed within and madeanintegralpartof a lipstick case. (15) As used in this section, a “cane sword” means a Ca fie, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed withinit a blade that may be used as a sword or stiletto. (16) As used in this section, a “shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposedbya flip of the wrist or by a mechanicalaction. (17) As used in this section, a ‘leaded cane” means a s taff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (18) As used in this section, an “air gauge knife” mea ns a device that appears to be an air gauge but has concealed withi n it a pointed, metallic shaft that is designed to be astabbing ins trument which is exposed by mechanical action or gravity which locks in to place when extended. . (19) As used in this section, a “writing pen knife” mea ns a device that appears to be a writing pen but has concealed withi n it a pointed, metallic shaft that is designed to be a stabbing instru ment which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover onthe device. . (20) As used in this section, a “rifle? means a weapon designed or redesigned, made or remade, and intended to be fir ed from the shoulder and designed or redesigned and made or rema de to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for eachsingle pull of the trigger. (21) As used in this section, a “shotgun” means a wea pon designed or redesigned, made or remade, and intendéd to be fired fromthe shoulder and designed or redesigned and made or re made to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball sh ot) or a single projectile for each pull of the trigger. (22) As used in this section, an “undetectable firear m’? means any weapon which meetsoneof the following requirements: 778 STATUTES OF 1997 [ Ch. 158 ] (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other cormpounds may be used in the fabrication of the component. - (C).For purposes of this paragraph, the terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 of Title 18 of the United States Code. All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, as appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passage of the public. (23) As used in this section, a “multiburst trigger activator” means one of the following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or moreshots in a burst by activating the device. (B) A manual or powet-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate offire of that firearm. (24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a Stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that mayinflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section. SEC. 2. Section 12021 of the Penal Code is amendedto read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns orhas in his or her possession ~ or underhis or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has 00050 [ Ch. 158| STA TUTES OF 1997 779 in his or her possession or under his or her custody or control any - firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has. been convicted of a felony or of an offense enumerated in Section 1200 1.6, when that conviction results from certification by the juvenil e court for prosecution as an adult in an adult court under Section 7 07 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (c) (1) Except as provided in subdivision (a) or paragraph (2) of this. subdivision, any person who has been convicted of a misdemeanorviolation of Section 71, 76, 136.5, or 140, su bdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 24 4.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Sectio n 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) o f former Section 12100, Section 12220, 12320, or 12590, or Section 81 00, 8101, or 8103 of the Welfare and Institutions Code, any firearm-rel ated offense pursuant to Sections 871.5 and 1001.5 of the Welf are and Institutions Code, or of the conduct punished in paragrap h (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm 1s guilty of a public offens e, which shall be punishable by imprisonment in a county jail not exc eeding one year or in the state prison, by a fine not exceeding one th ousand dollars ($1,000), or by both that imprisonment and fine. The co urt, on forms prescribed by the Department of Justice, shall noti fy the department of persons subject to this subdivision. Howe ver, the prohibition in this paragraph may be reduced, eliminat ed, or conditioned as provided in paragraph (2) or (3). (2) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose em ployment or livelihood is dependent on theability to legally possess a firear m, who is subject to the prohibition imposed by this subdivision be cause of a conviction under Section 273.5, 273.6, or 646.9, may pet ition the court only once for relief from this prohibition. The petition sh all be filed with the court in which the petitioner was sentenced.If poss ible, the matter shall be heard before the same judge that sentence d the petitioner. Uponfiling the petition, the clerk of the court shall s et the hearing date and shall notify the petitioner and ihe prosecuti ng attorney of the date of the hearing. Upon making each o f the following findings, the court may reduce or eliminate the pro hibition, impose conditions on reduction or elimination of the prohib ition, or otherwise grant relief from the prohibition as the court deems _ appropriate: (A) Finds by a preponderance of the evidence that the p etitioner is likely to use a firearm in a safe and lawful manner. 780 STATUTES OF 1997 [Ch. 158] (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021,1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous conviction underthis subdivision no matter when the prior conviction occurred. In making its decision, the court shall consider the petitioner’s continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. The court shall require, as a condition of granting relief from the prohibition under this section, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relief from the prohibition shal] not relieve any other person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraphin cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular petitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed by this subdivision. (3) Any person who is subject to the prohibition imposed by this subdivision because of a conviction of an offense prior to that offense being added to paragraph (1), may petition the court only once for telief from this prohibition. The petition shall be filed with the court in. which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearmin a safe and lawful manner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous conviction under this subdivision, no matter when the prior conviction occurred. In making its decision, the court may. consider the interest of justice, any ‘televant evidence, and the totality of the circumstances. It is the intent ofthe Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in casesin 052 [ Ch. 158 | STATUTES OF 1997 731. which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular etitioner. (4) Law enforcement officials who enforce the prohibition specified in this subdivision against a person who has been granted relief pursuant to paragraph (2) or (3), shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in his or her possession a certified copy of the court order that granted the person relief from the prohibition. This immunity from liability shall not relieve any person ot entity from any otherliability that might otherwise be imposed. (d) Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm and who owns, orhas in his or her possession or underhis or her custody or control, any firearm but who is not subject to subdivision (a) or (c) is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment andfine. The court, on forms provided by the Department of Justice, shall notify the department of persons subject to this subdivision. ‘The notice shall include a copy of the order of probation and a copy of any minute orderor abstract reflecting the order and conditions of probation. (c) Any person who (1) is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c), (2) is found to be a fit and proper subject to be dealt with under the juvenile court law, and (3) is subsequently adjudged a ward of the juvenile court. within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any. offense enumerated in paragraph (1) of subdivision (c) shall not own, or have in his or her possession or under his or her custody or ‘control, any firearm until the age of 30 years. A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding one yearor in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this subdivision may be used to determine eligibility to acquire a firearm. . (f) Subdivision (a) shall not apply to a person who has been: convicted of a felony under the laws of the United States unless either of the followingcriteria is satisfied: 732 STATUTES OF 1997 [ Ch. 158 ] (1) Conviction of a like offense under California law can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments. (g) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that he or she is subject to a protective order as defined in Section 6218 of the Family Code,or a temporary restraining order or injunction issued pursuant to Section — §27.6 or 527.8 of the Code of Civil Procedure, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonmentandfine, This subdivision does not apply unless the copy of the restraining order personally served on the person against whom the restraining order is issued contains a notice in bold print stating (1) that the person is prohibited from purchasing or receiving or attempting to purchaseor receive a firearm and (2) specifying the penalties for violating this subdivision, or a court has provided actual verbal notice of thefirearm prohibition and penalty as provided in Section 6304 of the Family Code. However, this subdivision does not apply if the firearm is received as part of the disposition of community property pursuant to Division 7 (commencing with Section 2500) of the Family Code. (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is justifiable where all of the following conditions are met: (A) The person found the firearm or took the firearmfrom a person who was committing a crime against him orher. (B) The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agencyfor that agency’s disposition accordingto law. (C) If the firearm was transported to a law enforcement agency, it was transported in accordance with paragraph (18) of subdivision (a) of Section 12026.2. (D) If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition according to law. (2) Upon the trial for violating subdivision (a), (b), (c), (d), or (ce), the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this subdivision. (3) The defendant has the burden of proving by :a preponderance of the evidence that he or she comes within the provisions of the exemption created by this subdivision. SEC..2.5. Section 12021 of the Pena! Code is amendedto read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, OMpabs, (Ch. 158] STATUTES OF 199 7 793 other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or underhis or her custody orcontrolanyfirearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile co urt for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilt y ofa felony. (c) (1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convic ted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivisio n (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5 , 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626 .9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Secti on 12040, subdivision (b) of Section 12072, subdivision (a) of for mer Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101 , or 8103 of the Welfare and Institutions Code, any firearm-relate d offense pursuant to Sections 871.5 and 1001.5 of the Welfare and ‘Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceedin g one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify th e department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, o r conditioned as providedin paragraph(2) or (3). (2) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent onthe ability to legally possess a firearm, who is subject to the prohibition imposed by this subdivision because o f a conviction under Section 273.5, 273.6, or 646.9, may petiti on the court only once for relieffrom this prohibition. The petition shall be filed with the court in which the petitioner was sentenced.If possible , the matter shall be heard before the same judge that sentenced the petitioner. Uponfiling the petition, theclerk of the court shall set the hearing date and shall notify the petitioner and the prosecutin g attorney of the date of the hearing. Upon making each of th e following findings, the court may reduce or eliminate the prohibition, 784 STATUTES OF 1997 [Ch. 158] impose conditions on reduction or elimination ofthe prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous. conviction underthis subdivision no matter when the prior conviction occurred. In making its decision, thé court shall consider the petitioner’s continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. The court shall require, as a condition of granting relief from the prohibition under this section, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relief from the prohibition shall not relieve any other person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in. which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular petitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed by this subdivision. (3) Any person whois subject to the prohibition imposed by this subdivision because of a conviction of an offense prior to that offense . being added to paragraph (1), may petition the court only once for relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of. the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful mariner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare andInstitutions Code. 00056 \ i (Ch. 158] STATUTES OF 1997 785 (C) Finds that the petitioner does not have a previous conviction under this subdivision, no matter when the prior conviction occurred. In making its decision, the court may ‘consider the interest of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that courts exercise broad discretion in. fashioning appropriate relief under this paragraph in cases. in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular etitioner. . (4) Law enforcement officials who enforce the prohibition specified in this subdivision against a person who has-been granted relief pursuant to paragraph (2) or (3), shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in his or her possession a certified copy of the court order that granted the person relief from the prohibition. This immunity from liability shall not relieve any person or entity from any otherliability that might otherwise be imposed. (d) Any person who, as an express condition of probation, Is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm and who owns, or has in his or her possession or under his or her custody or control, any firearm but who is not subject to subdivision (a) or (c) is guilty of a public offense, which shall be punishable by. imprisonment in a- county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms provided by the Department of Justice, shali notify the department of persons subject to this subdivision. The notice shall include a copy of the order of probation and a copy of any minute order or abstract reflecting the order and conditions of probation. (e) Any person who (1) is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c), and (2) is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c) shall not own, or have in his or her possession or under his or her custody or control, any firearm until the age of 30 years. A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousanddollars ($1,000), or by both that imprisonment and fine. The juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. Notwithstanding any other law, the forms required to be submitted to the department pursuant to 186, STATUTES OF 1997 [ Ch. 158 ] this subdivision may be used to determine eligibility to acquire a firearm. (£) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the followingcriteriais satisfied: (1) Conviction of a like offense under California law can only result in imposition of felony punishment. . . (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments. (g) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that he or she is subject to a protective order as defined in Section 6218 of the Family Code, or a temporary restraining order or injunction issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, ts guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonmentandfine. This subdivision does not apply unless the copy of the restraining order personally served on the person against whom the restraining ' order is issued contains a notice in bold print stating (1) that the: person is prohibited from purchasing or receiving or attempting -to purchase or receive a firearm and (2) specifying the penalties for violating this subdivision, or a court has provided actual verbal notice . of the firearm prohibition and penalty as provided in Section 6304 of the Family Code. However, this subdivision does not apply if the firearm is received as part of the disposition of community property pursuant to Division 7 (commencing with Section 2500) of the Family Code. (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is justifiable whereall of the following conditions are met: (A) The person found the firearm or took the firearm from a person who was committing a crime against him orher. (B) The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law. (C) If the firearm was transported to a law enforcement agency, it was transported in accordance with paragraph (18) of subdivision (a) of Section 12026.2. (D) If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcementagency fordisposition according to law. (2) Upon the trial for violating subdivision (a), (b), (c), (d), or (e), the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this subdivision. 00058 ) [Ch. 158 ] STATUTES OF 1997 799 (3) The defendant has the burden of proving by a preponderance of the evidence that he or she comes within the provisions of the exemption created by this subdivision. . SEC. 3. Section 12026.2 of the Penal Code is amendedto read: 12026.2. (a) Section 12025 does not apply to, or affect, any of the following: (1) The possession of a firearm by an authorized participant in a motion picture, television, or video production or entertainment ‘event when the participant lawfully uses the firearm as part of that production or event or while going directly to, or coming directly from, that production or event. (2) The possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while going directly to, and coming directly from, those meetings. (3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involvingthat firearm. (4) The transportation of a firearm by a person listed in Section 12026 directly betweenany of the places mentioned in Section 12026. (5) The transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm. (6) The transportation of a firearm by a person listed in Section 12026 when going directly from the place where that person lawfully received that firearm to that person’s place of residence or place of business or to private property owned or lawfully possessed by that person. (7) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner. (8) The transportation of a firearm by an authorized employee or agent of a supplier of firearms when going directly to, or coming directly from, a motion picture, television, or video production or entertainment event for the purpose of providing that firearm to an authorized participant to lawfully use as a part of that production or event. (9) The transportation of a firearm by.a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearmat that target range. (10) The transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 12050 when done. at the request of the issuing agency so that the issuing agency can 788 ‘STATUTES OF 1997 [ Ch. 158] determine whether or not a license should be issued to that person to carry that firearm. (11) The transportation of a firearm by a person when. going directly to, or coming directly from, a law enforcement agency for the purpose of a lawful transfer, sale, or loan of that firearm pursuant to Section 12084. (12) The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to. promulgate ‘rules and regulations governing the administration of parks and campgrounds. (13) The transportation of a firearm by a person in order to comply with subdivision (c) or (i) of Section 12078 as it pertains to that firearm. (14) The transportation of a firearm by a person in order to utilize subdivision (J) of Section 12078as it pertains to that firearm. . (15) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show or event, as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm inaccordance with-subdivision (d) of Section 12072. (16) The transportation of a firearm by a person in order to utilize paragraph (3) of subdivision (a) of Section 12078 as it pertains to that firearm. (17) The transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Codeasit pertains to that firearm and if that firearm is being transported to a law enforcement agency, the person gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency. (18) The transportation of a firearm by a person who finds the firearm and’ is transporting it to a law enforcement agency for | disposition according to law, if he or she gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition according to law. (b) In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. (c) This section does not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm 00060 \ / (Ch. 158] STATUTES OF 1997 789 capable of being concealed upon the person in accordance with this chapter. . (d) As used in this section, “locked container”. means a secure container which is fully enclosed and locked by a padlock, key. lock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle. SEC. 4. Section 12092 of the Penal Code is amendedto read: 12092. The Department of Justice upon request may assign a distinguishing number or mark of identification to any firearm whenever it is without a manufacturer’s number, or other mark of identification or whenever the manufacturer’s number or other mark of identification or the distinguishing number or mark assigned by the department has been destroyedorobliterated. SEC. 5. Section 12094 of the Penal Code is amendedto read: 12094. (a) Any person with knowledge of any change, alteration, removal, or obliteration described herein, who buys, receives, _ disposes of, sells, offers for sale, or has in his or her possession any pistol, revolver, or other firearm which has had the name of the maker, model, or the manufacturer’s number or other mark of identification including any distinguishing number or mark assigned by the Department of Justice changed, altered, removed, or obliteratedis guilty of a misdemeanor. (b) Subdivision (a) does not apply to any of the following: (1) The acquisition or possession of a firearm described in subdivision (a) by any member of the military forces of the this state or of the United States, while on duty and acting within the scope and course of his or her employment. (2) The acquisition or possession of a firearm described in subdivision (a} by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, while on duty and acting within the scope and course of his or her employment. (3) The acquisition or possession of a firearm described in subdivision (a) by any employee of a forensic laboratory, while on duty and acting within the scope and course of his or her employment. (4) The possession and disposition of a firearm described in subdivision (a) by a person who meets,all of the following: (A) He or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code. __ (B) The person possessed the firearm no longer than was necessary to deliver the same to a law enforcement agency for that agency’s disposition according to law. (C) If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency in order to 790 STATUTES OF 1997 { Ch. 158 ] deliver the firearm to the law enforcement agency for the agency’s disposition according to law. (D) If the person is transporting the firearm to a law enforcement agency, he or she has given prior notice to the law enforcement agency that he or she is transporting the firearm to that law enforcementagencyfor that agency’sdisposition according to law. - (E) The firearm is transported in a locked container as defined in subdivision(d) of Section 12026.2. SEC. 6. Section 12201 of the Penal Code is amendedto read: 12201. Nothing in this chapter shall affect or apply to any of the following: (a) The sale to, purchase by, or possession of machineguns by police departments, sheriffs’ offices, marshals’ offices, district attorneys’ offices, the California Highway Patrol, the Department of Justice, the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. (b) The possession of machineguns by regular, salaried, full-time peace officer members of a police department, sheriff’s office, marshal’s office, district attorney’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit when on duty and if the use is within the scopeoftheir duties. SEC. 7. Section 12316 of the Penal Code is amendedto read: 12316. (a) Any person, corporation, or dealer who sells ammunition or reloaded ammunition to a person knowing that person to be a minor under 18 years of age shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousanddollars ($1,000), or by both the imprisonmentandfine. Proof that a person, corporation, or dealer, or his or her agent or employee, demanded, was shown, and acted in reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this subdivision, As used in_ this subdivision, “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, dateof birth, description, and picture of the person. (b) (1) .No person prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under 00062 (Ch. 158 ] STATUT ES OF 1997 194 his or her custody or control, any ammun ition or reloaded ammunition.: (2) For purposes of this subdivision, “ammunition” shall include, but not be limited to, any bullet, cartridge, ma gazine, clip, speed loader, autoloader, or projectile capable of be ing fired from a firearm with a deadly consequence. - (3) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the s tate prison, by a fine not to exceed one thousand dollars ($1,000), or by bo th the fine and imprisonment. ee (c) Unless it is with the written permission of the school district superintendent, his or her designee, or equivale nt school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement o fficers acting within the scope of their duties or persons exempted under subparagraph (A) of paragraph (1) of subdivision (a) of Se ction 12027. This subdivision shall not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties whi le in California, any person summoned by any of these officers to as sist in making an arrest or preserving the peace while he or she is actu ally engaged in assisting the officer, a member of the military force s of this state or of the United States who is engaged in the perfo rmance of his or her duties, a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is engaged in the . performance of his or her duties, as defined in subdivision (e) of Section 7521 of the Business and Professions Code. A violati on of this subdivision is punishable by imprisonment in a coun ty jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonmentandfine. (d) (1) A. violation of paragraph (1) of subdivisi on (b) is justifiable whereall of the following conditions are met: (A) The person found the ammunition or rel oaded ammunition or took the ammunition or reloaded ammunition fr om a person who was committing a crime against him orher. (B) The person possessed the ammunitio n or reloaded ammunition no longer than was necessary to deliver or transport the ammunition or reloaded ammunition to a law e nforcement agency for that agency’s disposition according to law. (C) The person is prohibited from possessing any ammunition or reloaded ammunition solely because that person is pro hibited from owning or possessing a firearm only by virtue of Section 12021 . (2) Upon the trial for violating paragraph (1) of subdivision (b), the trier of fact shall determine whether the defendant is subject to the exemption created by this subdivision. 792 STATUTES OF 1997 [Ch. 158 ] (3) The defendant has the burden of proving by a preponderance of the evidence that.he or she is subject to the exemption provided by this subdivision. SEC. 8. Section 12316 of the Penal Code is amendedto read: 12316. (a) (1} Any person, corporation, or dealer who does either of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonmentandfine: (A) Sells any ammunition or reloaded ammunition to a person knowing that person to be under 18 yearsofage. (B) Sells any ammiunition or reloaded ammunition designed and intended for use in a pistol, revolver, or other firearm capable of being concealed upon the person to a’ person knowing that person to be under 21 years of age. As used. in this subparagraph, “ammunition” means handgun ammunition as defined in subdivision (a) of Section 12323. Where ammunition or reloaded ammunition may be used in both a rifle and a handgun, federal law shall be considered for purposes of enforcing this subparagraph. (2) Proof that a person, corporation, or dealer, or“his or her agent or employee, demanded, was shown, and acted in reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this subdivision. As used: in this subdivision, “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person. (b) (1) No person prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of — the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. (2) For purposes of this subdivision, “ammunition” shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of bemg fired from a firearm with a deadly consequence. (3) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment. (c) Unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under subparagraph (A) of paragraph (1) of subdivision (a) of Section 12027. Thing4 (Ch. 158] STATUTES OF 1997 793 subdivision shall not apply to a duly appointed pea ce officer as defined in Chapter 4.5 (commencing with Section 830 ) of Title 3 of part 2, a full-time paid peace officer of another state or th e federal government who is carrying out official duties while in California, — any person summoned by any of these officers to assist in making an arrest or preserving the peace while he or she is actuall y engaged in assisting the officer, a member of the military forces of t his state or of the United States who is engaged in the performance o f his or her duties, a person holding a valid license to carry the fir earm pursuant to Article 3 (commencing with Section 12050) of Chapt er 1 of Title 4 of Part 4, or an armored vehicle guard, who is en gaged in the etformance of his or her duties, as defined in subdivi sion (ec) of Section 7521 of the Business and Professions Code. A vi olation of this subdivision is punishable by imprisonment in a county ja il for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. (d) (4) A violation of paragraph (1) of subdivisi on (b) 1s justifiable whereall of the following conditions are met: (A) The person found the ammunition or reloaded am munition or took the ammunition or reloaded ammunition from a person who was committing a crime against him orher. (B) The person possessed the ammunition or r eloaded ammunition no longer than was necessary to deliver or iransport the ammunition or reloaded ammunition to a law enforc ement agency for that agency’s disposition accordingto law. . (C) The person is prohibited from possessing any ammu nition or reloaded ammunition solely because that person is pro hibited from owningor possessing a firearm only by virtue of Section 1202 1. (2) Upon the trial for violating paragraph (1) of subdi vision (b), the trier of fact shall determine whether the defendanti s subject to the exemptioncreated by this subdivision. (3) The defendant has the burden of proving by a pre ponderance of the evidence that he or she is subject to the exem ption provided by this subdivision. SEC. 9. Section 12322 of the Penal Codeis amended to read: 12322. Nothing inthis chapter shall apply to or affect e ither of the following: (a) The sale to, purchase by, possession of, or us e of any ammunition by any member of the Army, Navy, Air Fo rce, or Marine Corps of the United States, or the National Guard, w hile on duty and acting within the scope and course of his or her empl oyment, or any police agency or forensic laboratory or any person wh o is the holder of a valid permit issued pursuant to Section 12305. (b) The possession of handgun ammunition designed primarily to penetrate metal or armor by a person who foun d the ammunition, if he or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph ( 1) of subdivision (b) of Section 12316 of this code or Section 8100 or 81 03 of the Welfare 794 , STATUTES OF 1997 [Ch. 159] ce n s T N L E M T S T R and Institutions Code and is transporting the ammunition to a law enforcement agency for disposition according to law. SEC. 10. Section 2.5 of this bill incorporates amendments to Section 12021 of the Penal Code proposed by both this bill and AB 688. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1998, (2) each bill amends Section 12021 of the Penal Code, and(3) this bill is enacted after AB 688, in which case Section 2 ofthis bill shall not become operative. SEC, 11. Section 8 of this bill incorporates amendments to Section 12316 of the Penal Code proposed by both this bill and AB 1221. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1998, (2) each bill amends Section 12316. of the Penal Code, and (3) this bill is enacted after AB 1221, in which case Section 7 ofthis bill shall not become operative. CHAPTER 159 An act to add Article 9 (commencing with Section 2838) to Chapter 6 of Division 2 of, and to repeal Section 2718 of, the Business and Professions Code, relating to nursing, and making an appropriation therefor. [Approved by Governor August 2, 1997. Filed with Secretary of State August 4, 1997,] Thepeople of the State of California do enactas follows: SECTION 1. The Legislature finds and declares all of the following: (a) Various and conflicting definitions of “clinical nurse specialists” are being created and applied by public agencies and private employers within the State of California. (b) The public is harmed by conflicting usage of the title “clinical nurse specialist’ and lack of correspondence between the use of the title and the qualifications of the registered nurse usingthattitle. (c) These findings are documented by the Boardof Registered Nursing in the “Clinical Nurse Specialist Survey,” December 1994, conducted pursuant to Chapter 77 of the Statutes of 1993, (d) Therefore, the public interest would be served by determining the legitimate uses of the title “clinical nurse specialist” by registered nurses. SEC. 2. Section 2718 of the Business and Professions Code is repealed. SEC. 3. Article 9 (commencing with Section 2838) is added to Chapter6of Division 2 ofthe Business and Professions Code, to read: 00066 CALIFORNIA LEGISLATURE 1997-98 REGULAR SESSION . 1997-98 FIRST EXTRAORDINARY SESSION SUMMARYDIGEST of — Statutes Enacted and Resolutions Adopted in 1997 and 1989-1997 Statutory Record VOLUME ONE GREGORY SCHMIDT E. DOTSON WILSON | Secretary of theSenate Chiet Clerk of the Assembly Compiled by BION M. GREGORY Legislative Counsel 1997 SUMMARY DIGEST 49 in school activities, subject to specified conditions including a limitation of 8 hours in any calendar month of the school year. This bill would extend the applicability of these provisions to an employee who is a parent, guardian, or grandparent having custody of a child attending a licensedchild day care facility who takes time off for the purpose of participating in activities of the licensed child day care facility. The bill would revise the maximum hours that may be taken off by-an employee under these provisions from 40 hours each school year to 40 hours each year, subject to specified conditions including a limitation of 8 hours in any calendar month of the year. Ch. 158 (AB. 78). Granlund. Firearms: ...transporting exemption. (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing law also. provides exemptions for the possession of handgun ammunition. This bill would add to these exemptionsall of the following: (a) The circumstance where any instrument, ammunition, weapon, or device listed in these prohibitions that is not a firearmis found and possessed for a specified period of time by a person who is not in a specified prohibited class and is transporting the weapon ordevice to a jaw enforcement agency for disposition according to law. (b) Any firearm, other than a short-barrelled rifle or short-barreiled shotgun,that is found and possessed by a person under the circumstance described in (a) above who additionally has given prior notice to the law enforcement agency and is transporting the firearm in a locked container. (c) The possession of any weapon, device, or ammunition by a forensic laboratory of any authorized agent or employee thereof in the course and scopeof his or her authorized activities. (2) Under existing law,.one of the weapons subject to the prohibition described in (1) . above is a dirk or dagger that is carried concealed upon the person, For purposes of this prohibition, a dick or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that mayinflict great bodily injury or death. This bill would specify that a nonlocking folding knife, a folding knife that is not a switchblade knife having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the ~ bladeof the knife is exposed and locked into position. (3) Under existing law, any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of. a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. ; (4) Existing law provides that no person prohibited by state law from owning or possessing a firearm shall own, possess, or have underhis or her custody or control, any ammunition or reloaded ammunition. This bill would specify conditionsthat justify a violation of this prohibition. (5) Existing law makes it a misdemeanor for any person with knowledge of any. change, alteration, or obliteration to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed,altered, or obliterated identification marks. This bill would exempt from this provision persons in specified classes, including certain on-duty peace officers and persons transporting a firearm to a law enforcement agency fordisposition, as specified. (6) This bill would incorporate additional changes in Section 12021 of the Penal Code proposed by AB 688, to be operative if AB 688 and this bill are both enacted and become effective on or before January 1, 1998, and thisbill is enacted last. (7) This bill would incorporate additional changes in Section 12316 of the Penal Code proposed by AB 1221, to be operative if AB 1221 andthis bill are both enacted and become effective on or before January 1, 1998, and this bill is enactedlast. NOTE: Superior numbers appearas a separate sectionat the end ofthe digests. 00068 ' * VOLUME | CALIFORNIA LEGISLATURE AT SACRAMENTO 1997-98 REGULAR SESSION ASSEMBLYFINAL HISTORY ASSEMBLY BILLS, CONSTITUTIONAL AMENDMENTS, CONCURRENT, JOINT, AND HOUSE RESOLUTIONS Assembly Convened December2, 1996 Recessed December 2, 1996 Reconvened January 6, 1997 Recessed March 21, 1997 Reconvened March 31, 1997 Recessed August 12, 1997 .. Reconvened August 25, 1997 Recessed September 13, 1997 Reconvened January 5, 1998 Recessed April 2, 1998. Reconvened April 13, 1998 Adjourned September 1, 1998 Adjourned Sine Die November 30, 1998 ‘Legislative Days oo... ..ssceeeeseeeeeeee es Leeaeneneeneeneaes 268 Colendar Days. ..... vec e eee eeneeee sete ene e ee entes we eeeees 729 HON, ANTONIO R. VILLARAIGOSA ’ Speaker © * HON. SHEILA JAMES KUEHL HON. ‘KEVIN SHELLEY Speaker pro Tempore Majority Floor Leader HON. JOE BACA HON, ROD PACHECO ' Speaker pro Tempore. Minority Floor Leader Compiled Under the Direction of E, DOTSON WILSON Chief Clerk AMY DUARTE , DARCI KING | History Clerk Assistant History Clerk 1997-98 REGULAR SESSION 127 A.B. No. 78—Granlund. ie! An act to amend Sections 12020, 12021, 12026.2, 12092, 12094, 12201, 12316, and 12322 of the Penal Code,relating to firearms. 1996 Dec, 18~—Introduced. Toprint. Dec. 19--From printer. May be heard in committee January 18. 1997 Jan. 6—Readfirst time. Feb. 7-—Referred to Com. on PUB.S. ; . , Mar. 17—From committee chair, with author’s amendments: Amend, -and re-refer to Com. on PUB.S. Read second time and amended. Mar. 18-—Re-referred to Com. on PUB.S. Mar. 20—From committee chair, with author’s amendments; Amend, and re-refer to Com. on PUB.S. Read second time and amended. . Mar. 31—-Re-referred to Com. on PUB.S, April 10—From committee; Do pass. (Ayes 12. Noes 0.) (April 8). April 14—Read second time. Tothird reading. April 17—Readthird time, passed, and to Senate. (Ayes 76, Noes0. Page1116.) April 17—In Senate. Read first time. To Com. on RLS.for assignment. April 22—Referred to Com. on PUB.S. May 29—From committee chair, with author’s amendments; Amend, and - re-refer to committee. Read second time, amended,and re-referred : to Com. on PUB.S. . June 16—From committee: Amend, and do pass as amended. (Ayes 8.. Noes June 17—Read second time, amended, andto third reading. June 23—Readthird time, amended. To secondreading. June 24—Read second time. Tothird reading. June 30—Readthird time, amended. To second reading. July 1—Read second time. To third reading. July 7%—Read third time, amended. To second reading. July _8~—Read second time. To third reading. July aethird time, passed, and to Assembly, (Ayes 26. Noes 5, Page 6. : July 17—In Assembly. Concurrence in Senate amendments pending. May be considered on orafter July 19 Pursuant to Assembly Rule 77. July 21—Senate amendments concurred in.. To enrollment. (Ayes 76. Noes 1. Page 3310.) July | 24—Enrolled and to the Governorat 10:30 a.m. Aug. 2—Approved by the Governor. 4—Chaptered by Secretary of State - Chapter 158, Statutes of 1997. ° AB 78 Assembly Bill - History Page | of 1 COMPLETE BILL HISTORY BILL NUMBER AUTHOR TOPIC : A.B. No. 78 : Granlund Firearms: transporting exemption. TYPE OF BILL : Inactive Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Non-Fiscal Non-Tax Levy BILL HISTORY 1997 . Aug. 4 Chaptered by Secretary of State - Chapter 158, Statutes of 1997. Aug. 2 Approved by the Governor. July 24 Enrolled and to the Governor at 10:30 a.m. July 21 Senate amendments concurred in. To enrollment. {Ayes 76. Noes 1. Page 3310.) / July 17 In Assembly. Concurrence in Senate amendments pending. May be considered on July 19 pursuant to Assembly Rule 77. July 17 Read third time, passed, and to Assembly. (Ayes 26. Noes 5. Page 2266.) July 8 Read second time. To third reading. July 7 Read third time, amended. To second reading. July 1 Read second time. To third reading. June 30 Read third time, amended. To second reading. June 24 Read second time. To third reading. June 23 Read third time, amended. ‘To second reading. June 17 Read second time, amended, and to third reading. June 16 From committee: Amend, and do pass as amended. (Ayes §&. Noes O.). May 29 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. Apr. 22 Referred to Com. on PUB. S. Apr. 17 In Senate. Read-first time. To Com. on RLS. for assignment. Apr. 17 Read third time, passed, and to Senate, ‘(Ayes 76. Noes 0. Page 1116.) Apr. 14 Read second time. To third reading. Apr. 10 From committee: Do pass. (Ayes 12. Noes 0.) (April 8). Mar. 31 Re-referred to Com. on PUB. S. ot Mar. 20 From committee chair, with author’s amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. : Mar. 18 Re-referred to Com. on PUB. §&. Mar. 17 From committee chair, with author's amendments: Amend, and re-refer to Com. on - PUB. S. Read second time and amended, Feb. 7 Referred to Com. on PUB. 58. Jan. 6 Read first time. 1996 Dec. 19 From printer. May be heard in committee January 18. Dec. 18 Introduced. To print. 00071 http:/Avww.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_bill_19970804_history.... 5/8/2014 CALIFORNIA LEGISLATURE—1997-98 REGULAR SESSION ASSEMBLY BILL No. 78 Introduced by Assembly Member Granlund December18, 1996 An act to amend Sections 12020, 12021, 12026,2, 12201, and 12322 of thePenal Code,relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 78, as introduced, Granlund.. Firearms: transporting exemption. (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing law also provides exemptions for the possession of handgun ammunition, This bill would add to these exemptions the circumstance where any of these weapons, firearms other than a short-barreled rifle or short-barreled shotgun, or ammunition is found and possessed by a person who is not in a specified prohibited class and is transporting the weapon, firearm, or device to a law enforcement agency for disposition according to law. (2) Under existing law, any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to 99 00072 AB 78 —2— the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no, Thepeople ofthe State of California do enact asfollows: SECTION 1. Section 12020 of the Penal Code is amended toread: 12020. (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger. activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any. dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullct containing or carrying an explosive agent is not a destructive device as that term is - used in Section 12301. (b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of | short-barreled shotguns or short-barreled rifles by police departments, sheriffs’ offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or 99 00073 O e ~ A I W N A n A D W N P W O W W W O W W W W N N D W h N N D Y D e e e e R e R e R e e e e C O m Y W A D R M A W N H K H D O A M A A D A A D M A A B R W N H H C D r o e A A n h P w N R K O o —3— AB 78 the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scopeof their duties. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter andnot in violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teachesthearts of self-defense. (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teachesthe arts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm” means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or aftcr the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (6) Tracer ammunition manufactured for use in shotguns. . (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 99 00074 AB 78 —4— — Q O w o e n y n w n f b w o n d — D B R W W W W W W W W W W N Y D N N N Y N N D Y N Y D N D R R R e R e R e e D O m ~ I A N M A W N R K D O A A N M P W N H K T O W N A U P W D E 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraphis in violation of subdivision(a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code frotn possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that these instruments or devices are properly housed, securcd from unauthorized handling, and, if the instrumentor device is a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an 99 00075 W o n N A A B W D Y — —5— AB 78 authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in - subdivision (a) solely to the entities referred in paragraphs (9} and (10) when -engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or keeping _ . for sale to, importation .of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a), other than a short-barreled rifle 9 00076 AB 78 —6— p e e p e W O M O M ~ Y W U N M P W N O W C A D N B W N N N N N Y N N W N L Y O I A a A P W N S o O W w W h y m m O O W W H W W o W e I O N G B G b W w W e o or short-barreled shotgun, that is found and possessed by a person who is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 120211, or Paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the listed item to a law enforcement agencyfor disposition according to law. (c) (1) As used in this section, a “short-barreled shotgun’ meansany ofthe following: (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell. (C) Any weapon made from a shotgun (whether by alteration, todification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (D) Any device which may be readily restored to fire a. fixed shotgun shell which, when so restored, is a device _ defined in subparagraphs(A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person. (2) As used in this section, a “short-barreled rifle” means any of the following: (A) A trifle having a barrel or barrels of less than 16 inches in length. (B) Arifle with an overall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. 99 00077 C o n y A N A W N H H —7T— AB 78 (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs(A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (3) As used in this section, a “nunchal means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in. a pocket or purse, if such firearm may be fired while mounted or enclosed in such case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if such firearm may be fired while mounted or enclosed therein. (6) As used in this section, a “‘fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins which take up five-sixteenths of an inch of the body. (7) As used in this section, “metal knuckles” means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which cither protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. 99 99 00078 AB 78 —8— S O c o ~ N r B R W N (8) As used in this section, a “ballistic knife’ means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an atrow or a bolt by means of any common bow, compoundbow,crossbow, or underwater spear gun. (9) As used in this section, a “camouflaging firearm container” means a container which meets all of the followingcriteria: (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (C) It is not readily recognizable as containing a firearm. “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the - regulations issued pursuantthereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuantthereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (D) It is made or altered to expel a projectile by the force of an explosionor other form of combustion. 99 00079 —I— AB 78 (11) As used in this section, a “shuriken” means any instrument, without handles, consisting of a metal plate having. three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weapon for throwing. .(12) As used in this section, an “unconventional pistol” means a firearm that does not have. a rifled bore and has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches. (13) As used in this section, a “belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length ofat least 2!/> inches. (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made an integral part of a lipstick case. (15). As used in this section, a “‘cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a swordorstiletto. (16) As used in this section, a “shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by flip of the wrist or by a mechanical action. (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weiighted with lead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action ot gravity which locks into place when extended. (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. 99 00080 AB 78 — 10— 1 2 3 4 5 6 7 8 9 10 lk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (20) As used in this section, a “rifle’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a tifled bore for each single pull of the trigger. (21) As used in this section, a “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. (22) As used in this section, an “undetectable firearm” means any weapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is mot as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of this paragraph, the. terms “firearm,” “‘major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 of Title 18 of the United States Code. All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney Gencral, the Secretary of Transportation, or the Secretary of the Treasury, as appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passage of the public. 99 00081 O c a A O n P W N 10 il 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 40 —11— AB 78 (23) As used in this section, a “multiburst trigger activator” means oneofthe following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm. (24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A folding knife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning ofthis section. SEC, 2. Section 12021 of the Penal Code is amended to read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government; or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions fo violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has 99 00082 AB 78 —12— W e o r y a n h W N in his or her possession or under his or her custody or control any firearm is guilty of a felony. (c) (1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in paragraph (2) or (3). (2) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition imposed by this subdivision because of a conviction under Section 273.5, 273.6, or 646.9, may . petition the court only once for relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and shall 99 00083 e e e e e W o ~ A I A A h W N - H D H E A A D U A B R W N N k = O m M h w d N W M B& B W w b h N N N O w a n ~ I S N W W W W w W D M B W N H N E O S W Ww W W o W o O O ~ 1 I N fs 2 —13— AB 78 notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful mannet. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any ctedible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous conviction under this subdivision no matter when the prior conviction occurred. In making its decision, the court shall consider the petitioner’s continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. The court shall require, as a condition of granting relief from the prohibition under this section, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relicf from the prohibition shall not relieve any other person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular petitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed by this subdivision. (3) Any person who is subject to the prohibition imposed by this subdivision because of a conviction of an offense. ptior to January—+—1994 that offense being added to paragraph (1), may petition the court only once for 99 00084 AB 78 —14— O o c o ~ A M P W N W W W W W W W w W W D W H d o h d N D W D D D D O D O F e o e R e e e O B A M A N M A P W N H Y K D E W B M A I A B A U A P W N Y N H T D w o O W A A N M A A P W N H C O relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition - as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code, (C) Finds that the petitioner does not have a previous conviction under this subdivision, no matter when the prior conviction occurred. In making its decision, the couwtt may consider the interest of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph | shall be construed to require courts to grant relief to any particular petitioner. (4) Law enforcement officials who enforce the prohibition specified in this subdivision against a person who has been granted relief pursuant to paragraph (2) or (3), shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in his or her possession a certified copy of the court order that granted the person relief from the prohibition. This immunity from liability shall not relieve 99 00085 a , KH O O d ~ I N A R w W H e e e e O O C O N W N N N N Y N N N N N N O m a n n N u P W N © W w w W w W O e f e W w w o l a G e S w o o n N W N —15— AB 78. any person or entity from any other liability that might otherwise be imposed. (d) Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm and who owns, or has in his or her possession or under his or her custody or control, any firearm but who is not subject to subdivision (a) or (c) is guilty of a public offense, which shall be punishable by imprisonment ina county jail not exceeding one year or in the state prison, by a fine not exceeding one. thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms provided by the Department of Justice, shall notify the department of persons subject to this subdivision. The notice shall include a copy of the order of probation and — a copy of any minute order or abstract reflecting the order and conditions ofprobation. (e) Any person who (1) is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c), (2) is found to be a fit and proper subject to be dealt with under the juvenile court law, and (3) is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c) shall not own, or have in his or her possession or under his or her custody or control, any firearm until the age of 30 years. A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding Gne year or in thestate prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. Notwithstanding any other law, the forms 99 00086 AB 78 — 16 — — — KH O O M I A N N E R W N H E N R R S R e i i i S o a r ~ a t a n h b w h R O Y d N b d & W H R W W W W W h N W N W w d v R W N e K C T O H ~ W S | A N N t a e w a e o W e W w W W 2 6 0 D H required to be submitted to the department pursuant to this subdivision may be used to determine eligibility to acquire a firearm. (f) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied: (1) Conviction of a like offense under California law can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments. (g) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that he or she is subject to a protective order as defined in Section 6218 of the Family Code, or a temporary restraining order or injunction issued pursuant to Section 527.6 or 527.8 of the Code ofCivil Procedure, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. This subdivision does not apply unless the copy of the restraining order personally served on the person against whom the restraining order is issued contains a notice in bold print stating (1) that the person is prohibited from purchasing or receiving or attempting to purchase or receive a firearm and (2) specifying the penalties for violating this subdivision, or a court has provided actual verbal notice of the firearm prohibition and penalty as provided in Section 6304 of the Family Code. However, this subdivision does not apply if the firearm is received as part of the disposition of community property pursuant to Division 7 (commencing with Section 2500) of the | Family Code. SEC. 3. Section 12026.2 of the Penal Code is amended to read: 12026.2. (a) Section 12025 does not apply to, or affect, any of the following: 99 00087 O M I A R W N = B W W W H W W H W W H W W W N N N N N N N N N N BR B S B e e e e e e e D o O O A N R A N A B R B D N E K O H O W D W Y A U B W N R K S D O M A U R H R M A R W N H O —17— AB 78 (1) The possession of a firearm by an authorized participant in a motion picture, television, or video production or entertainment event when the participant lawfully uses the firearm as part of that production or event or while going directly to, or coming directly from, that production or event. (2) The possession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while going directly to, and coming directly from, those meetings. (3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm. (4) The transportation of a firearm by a person listed in Section 12026 directly between any of the places mentioned in Section 12026, (5) The transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm. (6) The transportation of a firearm by a person listed in Section 12026 when going directly from the place where that person lawfully received that: firearm to that person’s place of residence or place of business or to private property owned or lawfully possessed by that person. (7) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner. (8) The transportation of a firearm by an authorized employee or agent of a supplier of firearms when going directly to, or coming directly from, a motion picture, television, or video production or entertainment event for the purpose of providing that firearm to an authorized 99 00088 AB 78 — 18— e e r o O O I N M M h W Y P H K S O O ~ I D H r r R W b e W W W w W W W W w & b b N D Y D Y N b b S O r ~ I N A N M P R W N R K D O W A U A U N A R W N H E O S b w O o participant to lawfully use as a part of that production or event. (9) The transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range. (10) The transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 12050 when done at the request of the issuing agency so that the issuing agency can determine whether or not a license should be issued to that person to carry that firearm. (11) The transportation of a firearm by a person when going directly to, or coming directly from, a law enforcement agency for the purpose of a lawful transfer, sale, or loan of that firearm pursuant to Section 12084. (12) The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and caimpgrounds. (13) The transportation of a firearm by a person in order to comply with subdivision (c) or (i) of Section 12078 as it pertains to that firearm. (14) The transportation of a firearm by a person in order to utilize subdivision () of Section 12078 as it pertains to that firearm. (15) The transportation of a firearm by a person when going directly to, or coming directly. from, a gun show or: event, as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm in accordance with subdivision (d} of Section 12072. 99 00089 1 2 —19— AB 78 (16) The transportation of a firearm by a person in order to utilize paragraph (3) of subdivision (a) of Section 12078 as it pertains to that firearm. (17) The transportation of a firearm by a person who finds’ the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 ofthe Civil Code as itpertains to thatfirearm. (18) The transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agencyfor disposition according to law. (b) In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. (c) This section does not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed — upon the person in accordance with this chapter. (d} As used in this section, “locked container” means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. The term ‘locked container” does not include the utility or glove compartment of a motor vehicle. SEC. 4. Section 12201 of the Penal Code is amended to read: 12201. Nothing in this chapter shall prehibit-+he affect or apply to any ofthefollowing: (a) The sale to, purchase by, or possession of machineguns by police departments, sheriffs’ offices, marshals’ offices, district attorneys’. offices, the California Highway Patrol, the Department of Justice, the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, or the military or naval forces of this state or of the United States for use in the discharge of their official duties, Nothingnthis ehapter-shall-prohibit-the 99 00090 AB 78 — 29 — O o n ~ r N A M R W N D D N Y N Y N D D e B e e O C I A A L R W K H K H D O M A A U N A R W N H © (b) The possession of machineguns by regular, salaried, full-time peace officer members of a police department, sheriff’s office, marshal’s office, district attorney’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit when on duty and if the use is within the scope of their duties, SEC. 5. Section 12322 of the Penal Code is amended to read: 12322. Nothing in this chapter shall prokibit-the apply to or affect either ofthefollowing: (a) The sale to, purchase by, possession of, or use of any ammunition by any member of the Army, Navy, Air Force, or Marine Corps of the United States, or the National Guard, while on duty and acting within the scope and course of his or her employment, or any police agency or forensic laboratory or any person who is the holder of a valid permit issued pursuant to Section 12305. (b) The possession of handgun ammunition designed primarily to penetrate metal or armor. by a person who found the ammunition, if he or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the ammunition to a law enforcement agency for disposition according to law. 99 00091 AMENDEDIN ASSEMBLY MARCH17, 1997 CALIFORNIA LEGISLATURE—1997-98 REGULAR SESSION ASSEMBLY BILL No. 78 Introduced by Assembly Member Granlund December 18, 1996 An act to amend Sections 12020, 12021, 12026.2, 12201, and 12322 of the Penal Code,relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 78, as amended, Granlund. Firearms: transporting exemption. (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing lawalso provides exemptions for the possession of handgun ammunition. This bill would add to these exemptions the all of the following: (a) The circumstance where any of these weapons, firearms. other than a shori-barreled rifle or short-barreled shotgun, or ammunition is found and possessed by a person who is not in a specified prohibited class and is transporting the weapon, firearm, or device to a law enforcement agency for disposition accordingto law. (b) The possession of any weapon, device,or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities, 98 00092 AB 78 —2— (c) A knife that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transportpossessions. (2) Under existing law, one of the weapons subject to the prohibition described in (1) above is a dirk or dagger that is carried concealed upon the person. For purposes of this prohibition, a dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. This bill would specify that a nonlocking folding knife, a folding knife that is not a switchblade knife having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (3) Under existing law, any person who is subject to the ‘prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January [, 1991, may petition the court only onceforrelief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to. petition the court only once for relief fromthe prohibition. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program:no. Thepeople ofthe State ofCalifornia do enactasfollows: SECTION 1. Section 12020 of the Penal Code is amended to read: 12020. (a) Any. person in this. state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or 98 00093 O M I A M A P W N e —3— AB 78 consists of any fléchetie dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301. (b) Subdivision (a) does not apply to any of the following: | (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs’ offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barroled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scope oftheir duties. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter andnot in violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense. 98 00094 AB 78 —4— W m n w y A U b w h — B w W D D W W W W D W d d b h d D D Y D D D N F e e e e s e e Q o w r ~ I n n h w n e e ' S w e e O D A M A A W N H K T O A A D A A B R W N H K © (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teachesthearts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm’ means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or teplica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer. title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraphis in violation of subdivision(a). (8) Any other weapon as defined in subsection (e) of Section 5845 ofTitle 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968. (Public Law 90-618), as amended, and the 98 00095 B O w e e e e e o e : P o e A a n h h W N Y — $ D o w n u n b w W h N R e t O D D b o > W h e t o h n N P h O N b d \O o 0 o . ~ 2 b n W W = © M & W b o W W l e L W e o O n n B B 2 —5— - AB 78 regulations issued pursuant thereto. Any person . prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does ‘not apply to pen guns. , (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections “which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrumentor deviceis a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agentofthe entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to. the entities referred in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the 98 00096 AB 78 __6— D O R e D o w n n n b w n N r D o w n y a n t h W N W W W W W W N N Y N N D Y N N D Y D Y M b h b w W N K C W O T A M N W h W l W w W w w O a r A N a & discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons whoare in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs. or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a), other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the listed item to a lawenforcement agency for disposition according to law. (16) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (17) A knife that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transportpossessions. (c) (1) As used in this section, a “short-barreled shotgun” meansany ofthe following: 98 00097 —7— AB 78 (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inchesin length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell. (C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or'a barrel or barrels of less than 18 inches in length. (D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to. (C), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person. (2) As used in this section, a “short-barreled rifle” means-any ofthe following: (A) A rifle having a barrel or barrels of less than 16. inchesin length. (B) A rifle with an overall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as. modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches.in length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs(A)to (C),inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. | 98 00098 AB 78 —8— N O R e R e O e O e e e C o O W ~ I N U M A W N H K H K T O O N A N H W Y N N N b Y i A B& B O N r e w m N o a W w W w W W h Y N d G 2 N o e © S O O O W w W w W W W O o n a w n s 40 (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if sueh the firearm may be fired while mounted or enclosed in suek the case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, ot similar device, designed to be, or capable of being used as, an aid in walking, if sweh the firearm may be fired while mounted or enclosed therein. (6) As used in this section, a ‘‘fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins whichtake up five-sixteenths of an inch of the body. (7) As used in this section, “metal knuckles” means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist’ of projections or studs which would contact the individual receivinga blow. (8) As used in this section, a “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an arrow or a bolt by means of any common bow, compound bow, crossbow, or underwater spear gun.. (9) As used in this section, a “camouflaging fircarm container” means a container which meets all of the following criteria: (A) It is designed and intendedto enclosea firearm. 58 00099 —9— AB 78 (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm isin the container. (C) It is not readily recognizable as containing a firearm. “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuantthereto, (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (D) It is made or altered to expel a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a “shuriken’” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weaponfor throwing. (12) As used in this section, an “unconventional pistol” means a firearm that does not have a rifled bore and has a barrel or barrels of tess than 18 inches in length or has an overall length of less than 26 inches. 98 00100 AB 78 —10— 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (13) As used in this section, a “belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length of at least 2/2 inches. (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made an integral part | ofa lipstick case. (15) As used in this section, a “cane sword”? means a cane, Swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a swordorstiletto. (16) As used in this section, a “shobi-zue” means staff, crutch, stick, rod, or pole concealing a knife or blade. within it which may be exposed by a flip of the wrist or by a mechanicalaction. (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity. which locks into place when extended or the pointed, metallic shaft is exposed by the remoyalofthe cap or cover on the device. (20) As used in this section, a “rifle’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pullof the trigger. (21):As used in this section, a “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from ithe shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth 98 00101 O O ~ A A N A A B W N r e W W W W W W w W N R H N N D D N W R R e e e e e e e C O ~ I N M N R W N R E D O D N D U P W N H O W M A Y A R A R W N R O 39 AO —ili— AB 78 bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. (22) As used in this section, an “undetectable firearm” means any weapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and opefated to detect the Security Exemplar. (B) When any major component of which, when Subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of this paragraph, the terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 of Title 18 of the United States Code. All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary. of Transportation, or the Secretary of the Treasury, as appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passageof the public. (23) As used in this section, a ‘“multiburst trigger activator” means one ofthe following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of thatfirearm, (24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard 98 00102 AB 78 —12— 1 2 3 4 5 6 7 8 \ o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 that is capable of ready use as a stabbing weapon that may is—expesed—and—leeked—inte—pesitien. inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and lockedinto position. (d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning ofthis section. SEC. 2. Section 12021 of the Penal Code is amended to read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or. control any firearm is guilty of a felony. , (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (c) (1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, — 98 ~ 00103 AMENDEDIN ASSEMBLY MARCH20, 1997 AMENDEDIN ASSEMBLY MARCH17, 1997 CALIFORNIA LEGISLATURE—1997-98 REGULAR SESSION ASSEMBLYBILL No. 78 Introduced by Assembly Member Granlund December 18, 1996 - An act to amend Sections 12020, 12021, 12026.2, 12201, and 12322 of the Penal Code,relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 78, as amended, Granlund, Firearms: transporting exemption. . (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing law also provides exemptions for the possession of handgun ammunition. Thisbill would add to these exemptionsall ofthe following: (a) The circumstance where any of these weapons, firearms other than a short-barreled rifle or short-barreled shotgun, or ammunition is found and possessed by a person who is not in a specified prohibited class and is transporting the weapon, firearm, or device to a law enforcement agency for disposition accordingto law. (b) The possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee 97 00104 AB 78 —2— thereof in the course and scope of his or her authorized activities. (c) Aknife dirk or dagger that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transport possessions. . (2) Under existing law, one of the weapons subject to the prohibition described in (1) above is a dirk or dagger that is carried concealed. upon the person. For purposes of this ‘prohibition, a dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. This bill would specify that a nonlocking folding knife, a folding knife that is not a switchblade knife having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (3) Under existing law, any person’ who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. Thepeople ofthe State ofCalifornia do enactasfollows: SECTION 1. Section 12020 of the Penal Code is amendedto read: 12020. (a) Any person in this state who manufactures ‘or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm’ which is notA N A W N ST 00105 — S w w W ~ A I A N U N R W D e W W W W W W W W N Y N Y NH N b d b d D D e r e S r e e e S ~ A I N O P W N D O W A N N B W N H H C T W W O A A R A N B W D R —3— AB 78 immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any ‘multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301. (b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled mnifles by police departments, sheriffs’ offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scopeoftheir duties. (2) The manufacture, possession, transporiation of sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter and notin violation of fedcrallaw. oF 00106 AB 78 —4— (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches thearts of self-defense. (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teaches the arts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm’ means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the ycar the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person .who violates this paragraph is in violation of subdivision (a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and 97 00107 e e / K O O O W ~ IA N P W N R S O o A u n B W N b N N N N Y N N Y N N N WD W e n N A D W N © W W W W W W U A U B W N R o O B W W O W O O o N . —5— AB 78 which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any person. prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who. obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are’ open to the public, _ provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device is a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized’ participant ‘therein in the course of making that production or.event or by an authorized employee or agentofthe entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a oT 00108 AB 78 —6— W O A K R M A W N E short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a}, other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the listed item to a law enforcement agencyfor disposition according to law. (16) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employec thereof in the course and scope of his or her authorizedactivities. 00109 —7T— AB 78 (17) A ‘enife dirk or dagger that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transport possessions. (c) (1) As used in this section, a “short-barreled shotgun” meansany of the following: (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell, (C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (D) Any. device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person, (2) As used in this section, a “short-barreled rifle” means any ofthe following: (A) A trifle having a barrel or barrels of less than 16 inches in length. (B) A rifle with an overall length of less than 26 inches. (C) Any weapon made from a tifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination 97 00110 AB 78 —s8— W N H D N N N N N N Y W N N E K E R e R e e R e R R D w o c a m r ~ a a y n A B R W N Y K H G D H W I N N B W N E r C O C O A A T A M N F W N e C O D A A R W Y p w o w of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein. (6) As used in this section, a “fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in. length, with tail fins which take up five-sixteenths of an inch ofthe body. (7) As used in this section, “metal knuckles” means any device or instrument thade wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (8) As used in this section, a “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an atrow or a bolt by means of any common bov, compound bow, crossbow, or underwater spear gun. 97 00111 te k pe t m e O O C I A B W h e D e t o e S w e a o ~ w n n P W N N N b d W h e N M N h y I N N B o W e W e L o G o L o G o W b o b Y S E A P W D O O ta e Lo d © o o —9— AB 78 (9) As used in this section, a “camouflaging firearm container” means a container which meets all of the following criteria: ~ (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (C) It is not readily recognizable as containing a firearm. “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to.or returning from a lawful hunting expedition. (10) As used. in this section, a “zip gun’ means any weapon or device which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuantthereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuantthereto, (D) It is made or altered. to expel’ a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a “shuriken” means any instrument, without handles, consisting of a metal- plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weapon for throwing. 97 00112 AB 78 —10— 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 (12) As used in this section, an ‘‘unconventional pistol” means a firearm that does not have a rifled bore and has a barrel or barrels of less than 18-inches in length or has an overall! length of less than 26 inches. (13) As used in this section, a “belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length ofat least 21/2 inches. (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made an integral part ofa lipstick case. (15) As used in this section, a “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a swordorstiletto. (16) As used in this section, a “shobi-zue” meansa staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by a flip of the wrist or by a mechanicalaction. (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with Jead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge .but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. (20) As used in this section, a “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the expldsive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull ofthe trigger. - 97 00113 —11— - AB 78 (21) As used in this section, a “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull ofthe trigger. (22) As used in this section, an “undetectable firearm” means any weapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For. purposes of this paragraph, the terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 ofTitle 18 of the United States Code. All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, aS appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passageofthe public. (23) As used in this section, a ‘“multiburst trigger activator” means one ofthe following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating th device. 97 00114 AB 78 —l— R O o e e e s e D O M A N M N A W N H K T O W O W A R A A B R W N D N N N h W h e W e n d t w P Y b v S w o c x r n a n t w — B W W w w w W W W C O O M A D A B R W N (B) A- manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm. (24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only . if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed - within the meaning ofthis section. SEC. 2. Section 12021 of the Penal Code is amended to read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (6), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession. or under his or her custody or control any ‘firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his ot her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (c) (1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has 97 00115 AMENDEDIN SENATE MAY29, 1997 AMENDEDIN ASSEMBLY MARCH20, 1997 AMENDEDIN ASSEMBLY MARCH17, 1997 CALIFORNIA LEGISLATURE—1997-98 REGULAR SESSION ASSEMBLY BILL No. 78 Introduced by Assembly Member Granlund December 18, 1996 An act to amend Sections 12020, 12021, 12026.2, 42204 12076, 12092, 12094, 12201, 12316, and 12322 of the Penal Code, and to amend Section 8103 of the Welfare and Institutions Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 78, as amended, Granlund. Firearms: transporting exemption. ‘ (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing law also provides exemptions for the possession of handgun ammunition. This bill would add to these exemptionsall of thefollowing: (a} The circumstance where any of these weapons, firearms other than a short-barreled rifle or short-barreled shotgun, or ammunition is found and possessed by a person who is not in a specified prohibited class and is transporting the weapon, firearm, or device to a law enforcement agency for disposition according to law. 96 00116 AB 78 —2— (b) The possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (c) A dirk or dagger that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transport possessions. (2) Under existing law, one of the weapons subject to the prohibition described in (1) above is a dirk or dagger that is carried concealed upon the person. For purposes of this prohibition, a dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. * This bill would specify that a nonlocking folding knife, a - folding knife that is not a switchblade knife having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (3) Under existing law, any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. (4) The prohibition described in (3) above additionally includes persons who have specified felony convictions or are found to be mentally incompetent. Every person subject to this prohibition is likewise prohibited from owning, possessing, or having under his or her custody or. control, any ammunition or reloaded ammunition. This bill would specify conditions that justify a violation of this prohibition against owning or possessing, or having custody or control of, ammunition or reloaded ammunition. 96 00117 —3— AB 78 (5) Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. This bill would exempt from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency Jor disposition, as specified. (6) Under existing law, any person who, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, and is taken into custody in an evaluation jacility designated by the county and approved by the State . Department of Mental Health as a facility for 72-hour treatment and evaluation, .is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm jor. a period of 5 years after release from the facility. Existing law also applies this prohibition if the person detained pursuant to this provision is certified for not more than I4 days of intensive treatment related to the mental disorder or impairment by chronic alcoholism. This bill would repeal this prohibition as it applies to a person who is detained for treatment and evaluation for a period not to exceed 72 hours. The bill also would make conforming changes. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program:no. The people ofthe State ofCalifornia do enactasfollows: SECTION 1. Section 12020 of the Penal Code is amended to read: _ 12020. (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing orS T O C O ~ A A D A A W N — 96 00118 AB 78 —4— W O c o r n N n f W N carrying an explosive agent, any ballistic knife, any multiburst trigger activator, . any. mnunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301. (b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs’ offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scope oftheir duties. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this. chapter and not in violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense. 96 00119 W C O O I A N U N R w W N H e 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —5— AB 78 (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teachesthe arts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm’? means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercialtrade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of ‘Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the 96 00120 AB 78" — 6 — W e A N N N B W N e R regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrumentor deviceis a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event. by an authorized participant therein in the course of making that production or event or by an authorized employee or agentofthe entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barrcled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the 96 00121 e e S K T C O MO M A T A N A W P e f t e e t e e t D O o O o ~ a y A A B W b o N N N N N N N H N N D w o r w I n u B w W N r H © Ww W Ww = o L a L W W W O O O O G O o O m ~ I A U n B W b o P w o e —T— AB 78 discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. . (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are ‘in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with thoseentities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a), other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the listed item to a law enforcement agency for disposition according to law. (16) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (17) A dirk or dagger that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transport possessions. (c) (1) As used in this section, a “short-barreled shotgun” means any of the following: 96 00122 AB 78 —8— R O m e e e S C o m r y A a n a w n b W N O O Ww W W M S A U h W D Y e H W N N N N N N N N Y M C r o w e r ~ a t a m n d h W h — W w — _ W W W W W W Ww Ww O O o c ~ A A m r b h W b d (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell. (C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, can be readily assembled if those ‘parts are in the possession or under the control. of the same person. (2). As used in this section, a ‘“‘short-barreled rifle” means any of the following: (A) A rifle having a barrel or barrels of less than 16 inches in length. (B) A rifle with an overall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an -overall length of less than 26 inches or a barrel or barrels of less than 16 inchesin length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. {E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. 96 00123 — _ P O O O A N A B W N N e e e e e C w O m ~ I A U B W b N M W N N W Y U B w W h R e N w S T N W h n N C O w o o w t a — W W W w W W L I A A P W b Ww W Ww O 60 40 —9— AB 78 (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may. be fired while mounted or enclosed in the case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein. (6) As used in this section, a ‘“‘fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins whichtake up five-sixteenths of an inch of the body. (7) As used in this section, “metal knuckles” means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow.. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (8) As used in this section, a “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife docs not include any device which propels an arrow or a bolt by means of any common bow, compound bow, crossbow, or underwater spcar gun. (9) As used in this section, a “camouflaging firearm container” means a container which meets all of the. following criteria: (A) It is designed and intended to enclose a firearm. 96 00124 AB 78 — 10— h t — O O 0 0 A N A O R W D D N P e e r e e e r o e e e O c A U f w h N N M N H N N N b d W O m n I T N A & B W w W N R e © i w Ww W & L o W h e © l w W o W e W W W A W H O w (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (C) It is not readily recognizable as containing a firearm. “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code andthe regulations issued pursuantthereto, (C) No tax was paid on the weapon or device nor was ” an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F - (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuantthereto. (D) It is made or altered to expel a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a “shuriken’” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weapon for throwing. (12) As used in this section, an “unconventional pistol” means a firearm that does not have a rifled bore and has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches. 96 00125 —il1— AB 78 (13) As used in this section, a “belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length ofat least 2!/> inches, (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made an integral part of a lipstick case. (15) As used in this section, a “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade. that may be used as a sword orstiletto. (16) As used in this section, a “shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by a flip of the wrist or by a mechanical action. (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. (20) As used in this section, a “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (21) As used in this section, a “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth 96 00126 AB 78 —12— W M A K D U N B W N H E bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. (22) As used in this section, an “undetectable firearm” means any weapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of this paragraph, the ‘terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 ofTitle 18of the United States Code. All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, aS appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely ‘to be carried on one’s person sufficient for reasonable passage of the public. (23) As used in this section, a “multiburst trigger activator” means oneofthe following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device, (B) A- manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm. (24) As usedin this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard 96 00127 p e e e e e e e e e e : W O M A N E W N Y N H D W A w W A D U A B R W N S C O o e a A N M D B W N e E K S T O W A N A M A P W O N r S —13— AB 78 that is capable of ready use as a stabbing weapon that may ‘inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which are worm openly suspended from the waist of the wearer are not concealed within the meaningofthis section. SEC. 2. Section 12021 of the Penal Code is amended to read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who ownsor has in his or her possession or. under his or her custody or control any firearm is guilty ofa felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has io his or her possession or under his or her custody or control any firearm is guilty of a felony. (c) (1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, 96 00128 AMENDEDIN SENATE JUNE17, 1997 AMENDEDIN SENATE MAY29, 1997 AMENDED IN ASSEMBLY MARCH20, 1997 AMENDEDIN ASSEMBLYMARCH17, 1997 CALIFORNIA LEGISLATURE—1997-98 REGULAR SESSION ASSEMBLY BILL | No. 78 Introduced by Assembly Member Granlund December 18, 1996 An act to amend Sections 626./0, 12020, 12021, 12026.2, 12076, 12092, 12094, 12201, 12316, and 12322 of the Penal Code, and to amend Section 8103 of the Welfare and Institutions Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 78, as amended, Granlund, Firearms: transporting exemption. (1) Existing law provides exemptions from the prohibition against the manufacture, import,. sale, giving, lending, or possession of specified weapons and firearms. Existing Jaw also provides exemptions for the possession of handgun ammunition. . This bill would add to these exemptions elt both of the following: (a) The circumstance where any of these weapons, firearms other than a_ short-barreled rifle or short-barreled shotgun, or ammunition is found and possessed by a person 95 00129 AB 78 —2— who is not in a specified prohibited class and is transporting the weapon, firearm, or device to a law enforcement agency for disposition according to law. (b) The possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent. or employee thereof in the course and scope of his or her authorized activities. (2) Under existing law, one of the weapons subject to the prohibition described in (1) above is a dirk or dagger that is carried concealed upon the person. For purposes of this prohibition, a dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. This bill would specify that a nonlocking folding knife, a folding knife that is not a switchblade knife having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (3) Under existing law, any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specitied misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to ~ the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. Existing law provides that no person prohibited by state law from owning or processing a firearm 95 00130 —3— AB 78 shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. This bill would specify conditions that justify a violation of this prohibition ‘ } se i (5) Existing law makes it a misdemeanor for with knowledge of any change, alteration, or obliteration to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. This bill would exempt from this provision persons in specified classes, including certain on-duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. (6) Under existing law, any person who, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, and is taken into custody in an evaluation facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation, is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of 5 years after release from the facility. Existing law also applies this prohibition if the person detained pursuant to this provision is certified for not more than 14 days of intensive treatment related to the mental disorder or impairment by chronic alcoholism. This bill would repeal this prohibition as it applies to a person who is detained for treatment and evaluation for a period not to exceed. 72 hours. The bill also would make conforming changes. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program:no. The people ofthe State ofCalifornia do enactasfollows: SECTION 1. Section 626.10 of the Penal Code is amendedto read: 626.10. (a) Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peaceUn f G o N O e e ¢ 95 00131 _ AB 78 —4— — C O w o O m A N N P W N — _ b e h p e e e “ T O O n B W o D O officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 2!/, inches, folding knife with a blade that locks into place, a razor with an unguarded blade, a taser, or a stun gun, as defined in subdivision (a) of Section 244.5, any instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO, pressure, or spring action, or any spot marker gun, upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonmentin the state prison. -(b) Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, or knife having a fixed blade longer than 21/2 inches upon the grounds of, or within, any private university, the University of California, the California State University, or the California Community Colleges is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in thestate prison. (c) Subdivisions (a) and (b) do not apply to any person who brings or possesses a knife having a blade longer than 2!/. inches or a razor with an unguarded blade upon the grounds of, or within, a public or private 93 00132 — o e O A I A a A & W D t y N N b o N e © N N N Y h b h b e o O c o m A u m f H W W W w D B N H O H od W W G o W G S A A B R m W w O W © S O c o —5— AB 78 school providing instruction in kindergarten or any of grades 1 to 12, inclusive, or any private university, state university, or community college at the direction of a faculty member of the private university, state university, or community college, or a certificated or classified employee of the school for use in a private university, state university, community college, or school-sponsored activity orclass. . (d) Subdivisions (a) and (b) do not apply to any person who brings or possesses an ice pick, a knife having a blade longer than 2!/) inches, or a razor with an unguarded blade upon the grounds of, or within, a public or private school providing instruction in kindergarten or any of grades i to 12, inclusive, or any private university, state university, or community college for a lawful purpose within the scope ofthe person’s employment. (e) Subdivision (b) does not apply to any person who brings or possesses an ice pick or a knife having a fixed blade longer than 2!/ inches upon the grounds of, or . within, any private university, state university, or community college for lawful use in or around a residence or residential facility located upon those grounds ot for | lawful use in food preparation or consumption. (f) Subdivision (a) does not apply to any person who brings an instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO pressure, or spring action, or any spot marker gun upon the grounds of, or within, a public or private school providing instruction in kindergarten or any of grades | to 12, inclusive, if the person has the written permission of the school principalor his or her designee. (g) Any certificated or classified employee or school peace officer of a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, may scize any of the- weapons described in subdivision (a), and any certificated or classified employee or school peace officer of any private university, state university, or community college may seize any of the weapons described in subdivision (b), from the possession of any person upon the grounds of, or 95 00133 AB 78 —6— — S K D O m r ~ A I A A B R W N e r e i O O A U n B W D Y N Y _ — & N N N N N ND A I A A R O N . , W W b b o m m O O o O W W W W W H W w S A A R W h W w t o \ O 0 0 within, the school if he or she knows, or has reasonable cause to know, the person is prohibited from bringing. or possessing the weapon upon the grounds of, or within, the school. (h) As used in this section, “dirk” or “dagger” means a knife or other instrument with or without a handguard © that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed andlocked into position. SEC. 1.5, Section 12020 of the Penal Code is amended to read: 12020. (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any Short-barreled shotgun, any short-barreled rifle, any metal. knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken,- any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or. weapon of the kind commonly known as a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or whocarrics concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301. 95 00134 —_—T— AB 78 (b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs’, offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scopeoftheir duties. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter and not in violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teachesthe arts of self-defense. (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or businesslicense and teaches the arts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm’ means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including. any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercialtrade. (6) Tracer ammunition manufactured for use in shotguns. 95 00135 AB 78 — 3 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not . more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, -12021.1, or 12101 of this code or Section 8100or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision(a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968: (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions. Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. _ (9) Instruments or devices that ate possessed by federal, state, and local historical socicties, museums, and institutional collections which are open to the public, 95 00136 e e , K H C W O I A N W D D e S W A m A I A N A P W b Y N V N Y N Y N N N N O S A R A B R Y D Y S| W w W W W W Ww W W M B W O B W H G o s O a r ~ A a O o —9— AB 78 provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrumentor device is a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the. entities referred in paragraphs (9) and (10) when engaging in transactions with thoseentities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. . (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or kecping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security 95 00137 AB 78 | —10— — h e K e O W O W N W D E N O e e t t T O C Y A t r B W W Y N h s b o W h — N w h b b h “ l o , i n BS . W h y d y S S c o t o L o w e W W W W WD A Y A A R w R B W o C o w o w guards authorized to carry. any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a), other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the listed item to a law enforcement agency for disposition according to law. (16) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (c) (1) As used in this section, a ‘“‘short-barreled shotgun” meansanyofthe following: (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned: to fire a fixed shotgun shell. (C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A)to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs 95 00138 D D m e e e s e Q D Q w o w o r ~ r y a A n N h W N K D O D ~ W A M A R W Y N K H N N b N R S p e s W N N N N N C S O ae r~ T A N o e — d u W w W W W b e W D Ww W S o m ~ a A A N S W b h —I — AB 78 (A) to (C), inclusive, can be readily assembled if those ‘parts are in the possession or under the control of the same person. (2) As used in this section, a “short-barreled rifle” means any of the following: (A) A rifle having a barrel or barrels of less than 16 inches in length. (B) A rifle with an overall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inchesin length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein. (6) As used in this scction, a “fléchette dart” means a - dart, capable of being fired from a firearm, which 95 00139 AB 78 —12— O e O e I A A R W N D O w e A A N D A N D W D P S N N N b w W H R N O N N W N N H N Y o o r A i n G o G W Ww W W w W b — & G W W e a W s W W o O a N A f w o o measures approximately one inch in length, with tail fins which take up five-sixteenthsof an inch of the body. (7) As used in this section, “metal knuckles” means _any device or instrument made wholly or partially of. metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer’s hand whilestriking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (8) As used in this section, a “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an arrow or a bolt by means of any common bow, compound bow,crossbow, or underwater spear gun. (9) As used in this section, a ‘“‘camouflaging firearm container” means a container which mects all of the followingcriteria: (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (C) It is. not readily recognizable as containing a firearm. “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuantthereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 95 00140 — S C O C O A A A S W Y e — — _ — W N N N N N Y N N N N N H R B e e e e e e D S U D W A Y A A N A P W N e E S o w A n M r S w b d b e W a O e L W t n & G o N o r e Ge o L e W a Ww W Q O c o n t N H t f S —13— AB 78 (commencing with Section 921) of Title 18 of the United States Code andthe regulations issued pursuant thereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (D) It is made or altered to expel a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a “shuriken’ means’ any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weapon for throwing. | (12) As used in this section, an “unconventional pistol” | means afirearm that does not have a rifled bore and has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches. (13) As used in this section, a ‘belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length ofat least 2!/2 inches. (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made an integral part of a lipstick case. (15) As used in this section, a “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword orstiletto. (16) As used in this section, a ‘‘shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by a flip of the wrist or by a mechanical action. (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed 95 00141 AB 78 — 14— — e s R S O W W A I N A R W N e e e e e O m I N m n h w b d N P W N N M N N M N N N M H b d C O m O n n A A U N A R W N K © t e L e W w W o W h e © W W l w G O L o I N A H f w w o C o w o n within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended, (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device, (20) As used in this section, a “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (21) As used in this section, a “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgunshell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull ofthe trigger. (22) As used in this section, an ‘“‘undetectable firearm” means any weapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when — subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of ‘this paragraph, the terms “firearm,” “major component,” and ‘Security Exemplar” have the same meanings as those terms are defined in Section 922 of Title 18 of the United States Code. 95 00142 —15— AB 78 All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, aS appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passageofthe public. (23) As used in this section, a “multiburst trigger activator”’ means oneofthe following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm. (24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning ofthis section. SEC. 2. Section 12021 of the Penal Code is amended to read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or 95 00143 AMENDEDIN SENATE JUNE23, 1997 AMENDEDIN SENATE JUNE 17, 1997 AMENDEDIN SENATE MAY29, 1997 AMENDED IN ASSEMBLY MARCH 20, 1997 AMENDED IN ASSEMBLY MARCH 17, 1997 CALIFORNIA LEGISLATURE—1 997-98 REGULAR SESSION ASSEMBLY BILL . No. 78 Introduced by Assembly Member Granlund December 18, 1996 An act to amend Sections 626-40; 12020, 12021, 12026.2, 12076, 12092, 12094, 12201, 12316, and 12322 of the Penal Code, and to amend Section 8103 of the Welfare and Institutions Code, relating to firearms. LEGISLATIVE COUNSEL’S DIGEST AB 78, as amended, Granlund. Firearms: transporting exemption. (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing law also provides exemptions for the possession of handgun ammunition. This bill would add to these exemptions both of the » following: (a) The circumstance where any of these weapons, firearms other than a short-barrcled rifle or short-barreled 94 00144 AB 78 —2— shotgun, or ammunition is found and possessed by a person who is not in a specified prohibited class and is transporting the weapon, firearm, or device to a law enforcement agency for disposition according tolaw. (b) The possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (2) Under existing law, one of the weapons subject to the prohibition described in (1) above is a dirk or dagger that is carried concealed upon the person. For purposes of this prohibition, a dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of teady use as a stabbing weapon that may inflict great bodily injury or death. This bill would specify that a nonlocking folding knife, a folding knife that is not a switchblade. knife having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked intoposition. (3) Under existing law, any person who is subject to . the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. (4) Existing law provides that no person prohibited by state law from owning or processing a firearm shall own, possess, or have under his or her custody or control, any ammunitionor reloaded ammunition. This bill would specify conditions that justify a violation of this prohibition. (5) Existing law makes it a misdemeanor for any person ‘with knowledge of any change, alteration, or obliteration to buy, receive, disposeof, sell, or possess any pistol, revolver, or 94 00145 —3— AB 78 other firearm with changed, altered, or obliterated identification marks, This bill would exempt from this provision persons in specified classes, including certain on-duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. (6) Under existing law, any person who, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, and is taken into custody in an evaluation facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment . and evaluation, is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of 5 years after release from the facility. Existing law also applies this prohibition if the person detained pursuant to this provision is certified for not more than 14 days of intensive treatment related to the mental disorder or impairment by chronic alcoholism. This bill would repeal this prohibition as it applies to a person who is detained for treatment and evaluation for a period not to exceed 72 hours. The bill also would make - conforming changes. (7) This bill would incorporate additional changes in Section 12316 of the Penal Code proposed by AB 1221, to be operative if AB 1221 and this bill are both enacted and become effective on or before January I, 1998, and this bill is enacted last. , Vote: majority, Appropriation: no. Fiscal committee: no. State-mandated local program: no. Thepeople ofthe State ofCalifornia do enactasfollows: C O m I A t A P W N 54 00146 AB 78 —4— 1 2 3 4 5 6 7 8 9 94 00147 1 2 3 4 5 6 7 8 9 4 94 00148 SEC-+5- SECTION 1. Section 12020 of the Penal Code is amended to read: . 12020. (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists. of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nuochaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as. a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail mot exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301. (b) Subdivision (a) does not apply to any of the following: 94 00149 e e e k e e : O M I T I N M R P W N R K D U O W Q Y W N U R W B W W N H Y N N N N N N N N Y D K H O o e n n u n h w n e o o W w W W w fA B W P b a W o “ I D & W w W C o o o —_—T— AB 78 (1} The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs’ offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and_ short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scopeoftheir duties, (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter and notin violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense. (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teaches thearts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm’ means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a 94 00150 AB 78 —8— = m D O W I A A h W Y re m p h p e ee k h e e k W O A e n r I A B w b v N I M b o N e © w W N M b h y v y D r & W D N N h y w o o ~ W w Ww W e e o O B W W W W W W W W C O O M U I A N A M B R W D Y person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or. 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision(a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societics, museums, and institutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device is a firearm, unloaded. 94 00151 —9— AB 78 (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agentofthe entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, salc to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police 94 00152 - AB 78 —10— W W W W W W W W W W H N O N N N N P N H N H N N N H R P r e e P e r t e e C e O A A M A W N H H K H D O E ® A I A W B W N E C O W M A N D M N P W N H e E C H U W G N H A W N A W N officers and uniformed security guards when engaging in transactions with those persons, , (15) Any instrument, ammunition, weapon, or device listed in subdivision (a), other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the listed item to a law enforcement agency for disposition accordingto law. (16) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (c) (1) As used in this section, a “short-barreled shotgun” meansany of the following: (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgunshell. (C) Any weapon made, from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A)to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, can be. readily assembled if those parts are in the possession or under the control of the same person. (2) As used in this section, a “short-barreled rifle” means any of the following: 94 00153 S O C O 2 O N U n f h D O 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —ill— AB 78 (A) A rifle having a barrel or barrels of less than 16 inchesin length. . (B) A rifle with anoverall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inchesin length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein. (6) As used in this section, a “fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins which take up five-sixteenths of an inch of the body. (7) As used in this section, “metal knuckles” means any device ot instrument made wholly or partially of metal which is worn for purposes of offense or defense in 94 00154 AB 78 —12— B O e e o e S o m A n n h w n e D e o w o ~ n A n a n a n n f P W N N N M N N H M N M Y N N N O o n a r y h W h w w — © t e W w Ww W & b o “ S O A U n & W D b e B W W o o m or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (8) As used in this section, a “ballistic knife’ means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an atrow or a bolt by means of any common bow, compound bow,crossbow, or underwater spear gun. (9) As used in this section, a “camouflaging firearm container” means a container which meets all of the following criteria: (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of | the enclosed firearm by external controls while the firearm is in the container. (C) It is not readily recognizable as containing a firearm. “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria: . (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device - granted under Section 4181 and subchapters F 94 00155 P M N N Y N N N D Y D Y L Y b o W o n A m n B W N — © Ww W W W L o Q O N = a S W Oo Wa Ww W W O W o n r d s a p d t h S o e e e e e e W c n t a A M n A L W N H F K C O W M W A T A U N B R Y N — 13 — AB 78 (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuantthereto. (D) It is made or altered to expel a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a “shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, of other geometric shape for use as a weapon for throwing. (12) As used in this section, an “unconventional pistol” means a firearm that does not have a rifled bore and has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches. (13) As used in this section, a ‘“‘belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length ofat least 2!/2 inches. (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made an integral part _ of a lipstick case. (15) As used in this section, a “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or. similar device, having concealed within it a blade that may be used as a sword orstiletto, (16) As used in this section, a “shobi-zuc” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by aflip of the wrist or by a mechanicalaction, (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead, (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has 94 00156 AB 78 —14— O M ~ A A W A N n h W N B W W W W W W W W W W N H O N N N Y N N N N N S S e e e e e e e D O M m A D R M A D H Y P K R K C O M D A D N B W N H H D W W A D Y A D U N A R W N H O S concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. (20) As used in this section, a “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (21) As used in this section, a “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired. from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull ofthe trigger. (22) As used in this section, an “undetectable firearm” means any weapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of this paragraph, the terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms ate defined in Section 922 ofTitle 18 of the United States Code. | All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, as appropriate, as available state-of-the-art 94 00157 W O o O n n u U R W h N e — 15— AB78 equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passage ofthe public. (23) As used in this section, a “multiburst trigger activator”? meansoneofthefollowing devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm. (24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning ofthis section. SEC. 2. Section 12021 of the Penal Code is amended to read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his _ or her custody or control any firearm is guilty of a felony. 4 00158 AMENDEDIN SENATE JUNE30, 1997 AMENDEDIN SENATE JUNE23, 1997 AMENDEDIN SENATE JUNE 17, 1997 AMENDEDIN SENATE MAY29, 1997 AMENDEDIN ASSEMBLY MARCH20, 1997 AMENDEDIN ASSEMBLY MARCH17, 1997 CALIFORNIA LEGISLATURE—-1997-98 REGULARSESSION ASSEMBLY BILL No. 78 Introduced by Assembly Member Granlund December 18, 1996 Anact to amend Sections 12020, 12021, 12026.2, 42076, 12092, 12094, 12201, 12316, and 12322 of the Penal Code, and—te AmHerns ectte 846 6 te Yerrare Ao Lastitutiens GEC OT] G © 5 relating to firearms. LEGISLATIVE COUNSEL'S DIGEST ‘AB 78, as amended, Granlund, Firearms: transporting exemption. (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing law also provides exemptions for the possession of handgun ammunition. This bill would add to these exemptions both of the following: 93 00159 AB 78 —2— (a) The circumstance where any of these weapons, firearms other than a short-barreled rifle or short-barreled shotgun, or ammunition is found and possessed by a person who is not in a specified prohibited class and is transporting the weapon, firearm, or device to a law enforcement agency for disposition according to law. (b) The possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities, (2) Under existing law, one of the weapons subject to the prohibition described in (1) above is a dirk or dagger that is carried concealed upon the person. For purposes of this prohibition, a dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as @ Stabbing weapon that may inflict great bodily injury or death. This bill would specify that a nonlocking folding knife, a folding knife that is not a switchblade knife having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the lmife is exposed and locked into position. (3) Under existing law, any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bili would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. (4) Existing law provides that no person prohibited by state law from owning or processing a firearm shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. This bill would specify conditions that justify a violation of this prohibition. 93 00160 —3— , AB 78 (5) Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks, This bill would exempt from this provision persons in specified classes, including certain on-duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. (6) Under—existing—low i ages: This bill would incorporate additional changes in Section 12021 of the Penal Code proposed by AB 688, to be operative if AB 688 and this bill are both enacted and become effective on or before: January 1, 1998, and this bill is enacted last. (7) This bill would incorporate additional changes in Section 12316 of the Penal Code proposed by AB 1221, to be operative if AB 1221 and this bill are both enacted and become effective on or before January 1, 1998, and this bill is enacted last. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no, 93 00161 AB 78 —4— O o n ~ A r p W b h The people ofthe State of California do enact asfollows: SECTION 1. Section 12020. of the Penal Code is amended to read: 12020. (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any ‘undetectable firearm, any ffirearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet. containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any Short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301, (b) Subdivision (a) docs not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs’ offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice 93 00162 m e e KS B O w o m A A M N R W P K B Q e e e i S e C r o w t o d ~ I n n b W b h N N h y W N N b a n d W r y d o h b y C o o W n N io s) — W W W W w W w W A M W Y J. wo wo O o O o c o —5— AB 78 when on duty and the use is authorized by the agency and is within the course and scope oftheir duties. (2) The ‘manufacture, possession, transportation of sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter andnotin violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense. , (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teaches the arts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm” means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercialtrade. (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio orrelic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not . more than one ycar, but actual possession of these items at any time is punishable pursuant to Section 12021, 93 00163 AB 78 —§— o e DB Au rA B W M C O O W A M B W N H = 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraphis in violation of subdivision (a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any _ person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition, Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device is a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agentof the entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreiled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed 93 00164 N N M Y W h e N N N N Y I A N DB W h © o O c o l w W W W o W w S N e W w W w \ O o O D R O R e s R —T— AB 78 by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon,. device, or ammumition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a), other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and 93 00165 AB 78 —8— — — D O W W N U N R W Y N R e f e t e e e e O e ~ A T G N n B W b o N M M N H N D Y M b B W Y = O o W W W W W W N D d M W P B W N R O O O N A N W W Ww W W w O o o c ~ 1 O N S o Institutions Code and is transporting the listed item to a law enforcement agency for disposition according to law. (16) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (c) (1) As used in this section, a ‘‘short-barreled shotgun” means any ofthe following: (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18 inches in length. (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgun shell. (C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs(A)to (C), inclusive. (BE) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs ' (A) to (C), inclusive, can be readily assembled if those patts are in the possession or under the control of the same person. (2) As used in this section, a “short-barreled rifle” means any of the following: (A) A rifle having a barrel or barrels of less than 16 inches in length. (B) Arifle with an overall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inchesin length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A)to (C), inclusive. 93 00166 —9— AB 78 (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person. (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case: (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm “may be fired while mountedor enclosed therein. (6) As used in this section, a “fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins which take up five-sixteenths of an inch of the body. (7) As used in this section, “metal knuckles” means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer’s hand while striking a blowor increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow. (8) As used inthis section, a “ballistic knife” means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. 3 93 00167 AB 78 "19— — S B O O o W m M T N M P W Y H fe e fe e p e e k p e e e e t W O m w A A U B W P N N N N Y N N N N Y N Ww W W B D A Y A M B W N H H E S W w G a W e D o W w l e W h a o m A U N B R W N © R W C o w Ballistic knife does not include any device which propels an arrow or a bolt by means of any common bow, compound bow,crossbow, or underwater spear gun. (9) As used in this section, a “camouflaging firearm container’? means a container which meets all of the followingcriteria: (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (C) It is not readily recognizable as containing a- firearm. “Camouflaging firearm container” does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gum” means any weapon or device which meets all of the following criteria: (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuantthereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuantthereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F {commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (D) It is made or altered to expel a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a “shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, 93 00168 e e e p e , O O ~ T N M A B O N S C O e A W A N A K W N N W N N N Y N N H N Y N N N W O O N A N P W N S a G o = © G a W L Ww W W W “ A A U A B w h G d f o \ O c o —Wi— AB 78 trefoil, cross, star, diamond, or other geometric shape for use as a weapon for throwing. (12) As used in this section, an “unconventional pistol” means a firearm that does not have a rifled bore and has a barrel or bartels of less than 18 inches in length or has an overall length of less than 26 inches. (13) As used in this section, a “belt buckle knife” is a knife which is made an integral part of a belt buckle and consists ofa blade with a length ofat least 2'/2 inches, (14) As used in this section, a “lipstick case knife” means a knife enclosed within and made an integral part ofa lipstick case. (15) As used in this section, a “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a swordorstiletto. (16) As used in this section, a “‘shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by a flip of the wrist or by a mechanicalaction. (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) As used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. (20) As used in this section, a “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in 93 00169 AB 78 —12— 1 2 3 4 5 6 7 8 9 10 i 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 a fixed cartridge to fire only a single projectile through a rifled bore for each single pull ofthe trigger. (21) As used in this section, a “shotgun’’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. (22) As used in this section, an “undetectable firearm” means any weapon ‘which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of this paragraph, the terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 of Title 18 of the United States Code. All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, as appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person sufficient for reasonable passage of the public. (23) As used in this section, a “multiburst trigger activator” means one of the following devices: (A) A device designed or redesigned to be attached to a semiautomatic fircarm which allows the firearm to 93 00170 W O o r n n u r n b w o n d r e — 13 — AB 78 discharge two or more shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm, (24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning ofthis section. SEC. 2. Section 12021 of the Penal Code is amended to read: 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person ‘who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. 93 00171 AMENDEDIN SENATEJULY7, 1997 AMENDEDIN SENATE JUNE30, 1997 AMENDEDIN SENATE JUNE 23, 1997 AMENDEDIN SENATE JUNE17, 1997 AMENDEDIN SENATEMAY29,1997 AMENDEDIN ASSEMBLY MARCH20, 1997 AMENDEDIN ASSEMBLY MARCH17, 1997 CALIFORNIA LEGISLATURE—-1997-98 REGULAR SESSION - ASSEMBLY BILL No. 78 Introduced by Assembly Member Granlund December 18, 1996 An act to amend Sections 12020, 12021, 12026.2, 12092, 12094, 12201, 12316, and 12322 of the Penal Code,relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 78, as amended, Granlund. Firearms: transporting exemption. | (1) Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Existing law also provides exemptions for the possession of handgun ammunition. This bill would add to these exemptions beth ai! of the following: 92 00172 AB 78 —2— (a) The circumstance where any ofthoseweapens: instrument, “ amenunition, weapon, or device listed in these prohibitions that is not a firearm is found and possessed for a specified period of time by a person who is not in a specified prohibited class and is transporting the weapon;—firearma; or device to a law enforcement agency for disposition according to law. (b) Any firearm, other than a_ short-barrelled rifle or short-barrelled shotgun, that is found and possessed by a person under the circumstance described in (a) above who additionally has given prior notice to the law enforcement. agency andis transporting thefirearm in a locked container. (c) The possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in. the course and scope of his or her authorized activities. (2) Under existing law, one of the weapons subject to the prohibition described in (1) above is a dirk or dagger that is carried concealed upon the person. For purposes of this prohibition, a dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. ‘This bill would specify that a nonlocking folding knife, a folding knife that is not a switchblade knifc having a blade 2 or more inches in length, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (3) Under existing law, any person who is subject to the prohibition on. owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill would instead permit any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. 92 00173 —3— AB 78 (4) Existing law provides that no person prohibited by state law from owning or—preeessing possessing a firearm shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. This bill would specify conditions that justify a violation of this prohibition. (5) Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. This bill would exempt from this provision persons in Specified classes, including certain on-duty peace officers and persons. transporting a firearm to a law enforcement agency for disposition, as specified. (6) This bill would incorporate additional changes in Section 12021 of the Penal Code proposed by AB 688, to be operative if AB 688 and this bill are both enacted and become effective on or before January 1, 1998, and this bill is enacted last. (7) This bill would incorporate additional changes in Section 12316 of the Penal Code proposed by AB 1221, to be operative if AB 122] and this bill are both enacted and become effective on or before January 1, 1998, and this bill is enacted last. Vote: majorly. Appropriation: no. Fiscal committee: no, State-mandated local program:no, The people ofthe State ofCalifornia do enactasfollows: SECTION 1. Section 12020 of the Penal Code is amendedto read: 12020. (a) Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or. wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing orC O D A Y A D N U N B W N — 92 00174 AB 78 —4— O W I N A R W N e carrying an explosive agent, any ballistic knife, any. multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a_ blackjack, slungshot, billy, sandclub, sap, or sandbag, or who carries concealed upon his or her person any explosive substance, other than fixed ammunition, or who carries concealed upon his or her person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or in the state prison. A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301. (b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs’. offices, marshals’ offices, the California Highway Patrol, the Department of Justice, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff’s office, marshal’s office, the California Highway Patrol, or the Department of Justice when on duty and the use is authorized by the agency and is within the course and scope of their duties. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) of this chapter and not in violation of federal law. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense. 92 00175 _5_ AB 78 (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teaches thearts of self-defense. (5) Any antique firearm. For purposes of this section, “antique firearm” means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or teplica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. , (6) Tracer ammunition manufactured for use in shotguns. (7) Any firearm or ammunition which is a curio or relic as defined in Section 178.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 -of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Codec from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 ofthe Welfare and Institutions Code. Within the year the person shall transfer title to the firearms or ammunition. by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the 92 00176 AB 78 —6— W o y K A u U b w W N e B w W W W W W W W W W W N N N N N N N Y N Y N N S e e e e e e e e D O W D Y A N M A A W N K B O C O D W A T A A M H A H W N H K D O A A A D M A A W N Y E S S regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and. institutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrumentor device is a firearm, unloaded. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agentofthe entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are ‘in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the 92 00177 O W IT A U A R W D e —7T— AB 78 discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or , short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scopeof their duties. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging im transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security - guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons. (15) Any instrument, ammunition, weapon, or device listed in subdivision (a) that is not a firearm that is found andpossessed by a person who meetsall ofthefollowing: (A) The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 ar paragraph (1) of subdivision (b) of Section 12316 ofthis code or Section 8100 or 8103 of the Welfare andInstitutions Code. 92 00178 AB 78 —8s— W c ~ 7 A M A W w e (B) The person possessed the instrument, ammunition, weapon, or device no longer than was necessary to deliver or transport the same to a law enforcement agency for that agencys disposition according to law. (C) If the person is transporting the listed item, he or she is transporting the listed item to a law enforcement agencyfor disposition according to law. (16) Any firearm, other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who meets all ofthefollowing: (A) The. person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (6) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person possessed the firearm no longer than was necessary to deliver or transport the same to a law enforcement agency for that agencys disposition according to law. (C) If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency fordisposition according to law. (D) Prior to transporting the firearm to a law enforcement agency, he or shé has given prior notice to that law enforcement agency that he or she is transporting the firearm to that law enforcement agency for disposition according to law. (E) The firearm is transported in a locked container as defined in subdivision (d) ofSection 12026. 2. (17) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorizedactivities. (c) (1) As used in this section, a ‘“short-barreled shotgun” means any of the following: (A) A firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than 18inches in length. 92 00179 C O A I A M R w W H E 10 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 40 —I— AB 78 (B) A firearm which has an overall length of less than 26 inches and which is designed or redesigned to fire a fixed shotgunshell, (C) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inchesin length. (D) Any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person. (2) As used in this section, a “short-barreled rifle” means any ofthe following: (A) A rifle having a barrel or barrels of less than 16 inches in length. (B) A rifle with an overall length of less than 26 inches. (C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon as modified has an overall length of less than 26 inches or a barrel or barre!s of loss than 16 inches in length. (D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive. (E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be. readily assembled if those parts are in the possession or under the control of the saine person. (3) As used in this section, a “nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in 92 00180 AB 78 — 10— connection with the practice of a system of self-defense such as karate. (4) As used in this section, a “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case. (5) As used in this section, a “cane gun” means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein. (6) As used in this section, a ‘‘fléchette dart” means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins whichtake up five-sixteenths of an inch of the body. (7) As used in this section, “metal knuckles” means any device or instrument made wholly or partially of metal which is worm for purposes of offense or defense in or on the hand and which either protects the wearer’s hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual recciving a blow. (8) As used in this section, a “ballistic knife’ means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an arrow or a bolt by means of any common bow, compound bow, crossbow, or underwater spear gun, (9) As used in this section, a “‘camouflaging firearm container’? means a container which meets all of the following criteria: (A) It is designed and intended to enclose a firearm. (B) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. 92 00181 ve e e e e e e e e e O B A M A A M B D W N M E S D e e ~ Y A U h w n N o b = © N N Y N W N D O A K R A B R O L D W w b o o w W R W w W w & > ~ 1 O a U B Ww W h r t w W e \ o 3 0 — il— AB 78 (C) It is not readily recognizable as containing a firearm, “Camouflaging firearm container” . does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition. (10) As used in this section, a “zip gun” means any weapon or device which meets all of the following criteria; (A) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (B) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United . States Code and the regulations issued pursuantthereto. (C) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United | States Code, as amended, and the regulations issued pursuantthereto. (D) It is made or altered to expel a projectile by the force of an explosion or other form of combustion. (11) As used in this section, a “‘shuriken” means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weaponfor throwing. (12) As used in this section, an“unconventional pistol” means a firearm that does not have a rifled bore and has -a barrel ot barrels of less than 18 inches in length or has an overall length of less than 26 inches. (13) As used in this section, a “belt buckle knife” is a knife which is made an integral part of a belt buckle and consists of a blade with a length ofat least 2!/, inches. 92 00182 AB 78 —12— (14) As used in this section, a “‘lipstick case knife” means a knife enclosed within and made an integral part of a lipstick case. (15) As used in this section, a “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a swordorstiletto. (16) As used in this section, a “shobi-zue” means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by a flip of the wrist or by a mechanicalaction. (17) As used in this section, a “leaded cane” means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead. (18) As used in this section, an “air gauge knife” means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended. (19) As: used in this section, a “writing pen knife” means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device. (20) As used in this section, a “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (21) As used in this section, a ‘shotgun’ means a weapon designed or redesigned, made or remade, and intended to be fited from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. 92 00183 O M I A U A B W N e 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —13— AB 78 (22) As used in this section, an “‘undetectable firearm” means any weapon which meets one of the following requirements: (A) When, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar. . (B) When any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component. (C) For purposes of this paragraph, the terms “firearm,” “major component,” and “Security Exemplar” have the same meanings as those terms are defined in Section 922 ofTitle 18 of the United States Code. All firearm detection equipment newly installed in nonfederal public buildings in this state shall be of a type identified by either the United States Attorney General, the Secretary of Transportation, or the Secretary of the Treasury, 48 appropriate, as available state-of-the-art equipment capable of detecting an undetectable firearm, as defined, while distinguishing innocuous metal objects likely to be carried on one’s person - sufficient for reasonable passage ofthe public. (23) As used in this section, a “multiburst trigger activator’? means oneofthe following devices: (A) A device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device. (B) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm. (24) As used in this section, a “dirk”? or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding 92 00184 AB 78 —4—— O e I N N H W Y B W W W W W W W H U W N N N N N N Y N N N Y N S e R e e e e R e e e P o m W A M B W N H T C O W Y W A U M B R W N H e D O A A T A H A U A B W N H Y H E S knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. (d) Knives carried in sheaths which dre worn openly suspended from the waist .of the wearer are not concealed within the meaning ofthis section. SEC. 2. Section 12021 of the Penal Code is amended toread: , 12021.°-(a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who ownsor has in his or her possession or under his or her custody or control any firearm is guilty ofa felony. ' (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who ownsor has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who -~ has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (c) (1) Except as provided in subdivision (a) or paragraph (2). of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the . 92 ~ 00185 O A A O B W D —~ 15 — AB 78 Welfare and Institutions Code, any _firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court; on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, ‘eliminated, or conditioned ‘as provided in paragraph (2) or (3). (2) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition imposed by this subdivision because of a conviction under Section 273.5, 273.6, or 646.9, may petition the court only once for relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and shall notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the | petitioner is likely to use a firearm in a safe and lawful manner, (B) Finds that the petitioner is not within a prohibited . class as specified in subdivision (a), (b), (d), {e), or (g) or Section 12021.1, and the court is not presented with any 92 00186 _AB 78 — 16— R Q — e e t o e B O o e r A a A n a n h f w n e S O W IM A M P W N e N N N N P W N W W W W W W W W N H N M N N b Y S A U B W D H H D O O N A N G 2 G o \ O a o credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous conviction under this subdivision no matter when the prior conviction occurred, In making its decision, the court shall consider the petitioner’s continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. The court shall require, as a condition of granting relief from the prohibition under this section, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relief from the prohibition shall not relieve any other: person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular petitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed. by. this subdivision. (3) Any person who is subject to the prohibition imposed by this subdivision because of a conviction of an offense prior to that offense being added to paragraph (1), may petition the court only once for relief from this prohibition, The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deemsappropriate: 92 00187 —17— AB 78 (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is. a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous conviction under this subdivision, no matter when the prior conviction occurred. In making its decision, the court may consider the interest of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particular petitioner. (4) Law enforcement officials who enforce the prohibition specified in this subdivision against a person who has been granted relief pursuant to paragraph (2) or (3), shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in his or her possession a certified copy of the court order that granted the personrelief from the prohibition. This immunity from liability shall not relieve any person or entity from any other liability that might otherwise be imposed. (d) Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm and who owns, or has in his or her possession or under his or her custody or control, any firearm but who is not subject to subdivision (a) or (c) is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms 92 00188 AB 78 — 18 — — C o w m a n n A n N B W N — — m s e e e t L A B W D V provided by the Department of Justice, shall notify the department of persons subject to this subdivision, The notice shall include a copy of the order of probation and a copy of any minute order or abstract reflecting the order and conditions of probation. (e) Any person who (1) is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c), (2) is found to be a fit and proper subject to be dealt with under the juvenile court law, and (3) is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person .committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c) shall not own, or have in his or her possession or under his or her custody or control, any firearm until the age of 30 years. A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars. ($1,000), or by both that imprisonment and fine. The juvenile court, on forms prescribed by the Department of Justice, ‘shall ‘notify the department of persons subject to this subdivision. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this subdivision may be used to determine eligibility to acquire a firearm. (f} Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied: (1} Conviction of a like offense under California law can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments. 92 00189 W O m o n y n A U B W N e —19— AB 78 (g) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that he or she is subject to a protective order as defined in Section 6218 of the Family Code, or a temporary restraining order or injunction issued pursuant to Section. 527.6 or 527.8 of the Code of Civil Procedure, is guilty of a public offense, which shail be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and_ fine. This subdivision does not apply unless the copy of ‘the restraining order personally served on the person against whom the restraining order is issued contains a notice in bold print stating (1) that the person is prohibited from purchasing or receiving or attempting to purchase or receive a firearm and (2) specifying the penalties for violating this subdivision, or a court has provided actual verbal notice of the firearm prohibition and penalty as provided in Section 6304 of the Family Code. However, this subdivision does not apply if the firearm is received as part of the disposition of community property pursuant to Division 7 (commencing with Section 2500) of the Family Code. (h) (1) A violation of subdivision (a), (b), (c), (d), or (ec) is justifiable where all of the following conditions are met: (A) The person found the firearm or took the firearm . from a person who was committing a crime against him orher. (B) The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law. — (C) If the firearm owas transported to a law enforcement agency, it was transported in accordance with paragraph (18) ofsubdivision (a) of Section 12026.2. (D) if the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that 92 00190 AB 78 — 20 — — _ S o w e c a n r a r u k D N h t w h — 14 he or she is transporting the firearm to the law enforcement agencyfor disposition according to law. (2) Upon the trial for violating subdivision (a), (b), (c), (d), or (e), the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this subdivision. (3) The defendant has the burden of proving by a preponderance of the evidence that he or she comes within the provisions of the exemption created by this subdivision. SEC. 2.5. Section 12021 of the Penal Code is amended to read; 12021. (a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or ‘control any firearm is guilty of a felony. (c) (1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, 92 00191 O e ~ T I N M B W N R E —21-— AB 78 subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in paragraph (2) or (3). (2) Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition imposed by. this subdivision because of a conviction under Section 273.5, 273.6, or 646.9, may petition the court only once for relief from this prohibition. The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and shali notify the petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. 92 00192 AB 78 —22— (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and. Institutions Code. (C) Finds that the petitioner does not have a previous conviction under this subdivision no matter when the prior conviction occurred. In making its decision, the court shall consider the petitioner’s continued employment, the interest of justice, any relevant evidence, and the totality of the circumstatices. The court shall require, as a condition of granting relief from the prohibition under this section, that the petitioner agree to participate in counseling as deemed appropriate by the court, Relief from the prohibition shall not relieve any other person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate. relief under this paragraph in cases in which relief is warranted. However, nothing in this paragraph shall be construed to require courts to grant relief to any particularpetitioner. It is the intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed by this subdivision. (3) Any person who is subject to the prohibition imposed by this subdivision because of a conviction of an offense prior to that offense being added to paragraph (1), may petition the court only once for relief from this prohibition, The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner. Upon filing the petition, the clerk of the court shall set the hearing date and notify the. petitioner and the prosecuting attorney of the date of the hearing. Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, 92 00193 e t , m = D O M O ~ A I A U N B W N e D m m e e e e t p e e e p e S e e m a n n B W D V N M h y Y Y P w h o e w w w N N M fh O o G o n N W N Q W L o t o G s O o G o U O & W h © B W w w W w C w a n n —y— AB 78 or otherwise grant relief from the prohibition as the court deems appropriate: (A) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner. (B) Finds that the petitioner is not within a prohibited class as specified in subdivision (a), (b), (d), (e), or (g) or Section 12021.1, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code. (C) Finds that the petitioner does not have a previous conviction under this subdivision, no matter when the prior-conviction occurred. In making its decision, the court may consider the interest of justice, any relevant evidence, and the totality of the circumstances, It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted, However, nothing in this paragraph shall- be construed to require courts to grant relief to any | particular petitioner. (4) Law enforcement officials who enforce the prohibition specified in this subdivision against a person who has been granted relief pursuant to paragraph (2) or (3), shail be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in his or her possession a certified copy of the court order that granted the person relief from the prohibition. This immunity from liability. shall not relieve any person ot entity from any other liability that might otherwise be imposed. (d) Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm ‘and who owns, or has in his or her possession or under his or her custody or control, any firearm but who is not subject to subdivision (a) or (c) is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, 92 00194 AB 78 | 24— W w m ~ A I N U N B R W N H by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.. The court, on forms provided by the Department of Justice, shall notify. the department of persons subject to this subdivision. The notice shall include a copy of the order of probation and a copy of any minute order or abstract reflecting the order and conditions of probation. (e) Any person who (1) is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c), and (2) is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the -person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, or any offense enumerated in paragraph (1) of subdivision (c) shall not own, or have in his or her possession or under his or her custody or control, any firearm until the age of 30 years. -A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The juvenile court; on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this subdivision may be used to determineeligibility to acquire a firearm. (f) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unlesseither of the following criteria is satisfied: (1) Conviction of a like offense under California law can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments. 92, 00195 W O O N A N W M P W N S — 25 — AB 78 (g) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that he or she is subject to a protective order as defined in Section 6218 of the Family Code, or a_ temporary restraining order or injunction issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. This subdivision does not apply unless the copy of the restraining order personally served on the person against whom the restraining order is issued contains a notice in bold print stating (1) that the person is prohibited from purchasing or receiving or attempting to purchase or receive a firearm and (2) specifying the penalties for violating this subdivision, or a court has provided actual verbal notice of the firearm prohibition and penalty as provided in Section 6304 of the Family Code. However, this subdivision does not apply if the firearm is received as part of the disposition of community property pursuant to Division 7 (commencing with Section 2500) of the Family Code. (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is justifiable where all of the following conditions are met: (A) The person found the firearm or took the firearm from a person who was committing a crime against him or her. (B) The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law. (C) If the firearm was transported to a law enforcement agency, it was transported in accordance with paragraph (18) of subdivision (a) of Section 12026.2. (D) If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that 92 00196 AB 78 — 26 — — m e O O o w o r w A I D n u h W N — e e e e e W O c o w D r n B W D D N M b y N e © 23 he or she is transporting the firearm to the law enforcement agencyfor disposition according to law. (2) Upon the trial for violating subdivision (a), (b), (c), (d), or (e), the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this subdivision. (3) The defendant has the burden of proving by a preponderance of the evidence that he or she comes within the provisions of the exemption created by this subdivision. SEC. 3. Section 12026.2 of the Penal Code is amended to read: 12026.2, (a) Section 12025 does not apply to, or affect, any of the following: (1) The possession of a firearm by an authorized participant in a motion picture, television, or video production or entertainment event when the participant lawfully uses the firearm as part of that production or event or while going directly to, or coming directly from, that production or event. , (2) Thepossession of a firearm in a locked container by a member of any club or organization, organized for the purpose of lawfully collecting and lawfully displaying pistols, revolvers, or other firearms, while the member is at meetings of the clubs or organizations or while ‘going directly to, and coming directly from, those meetings. (3) The transportation of a firearm by a participant when going directly to, or coming directly from, a recognized safety or hunter safety class, or a recognized sporting event involving that firearm. (4) The transportation of a firearm by a person listed in Section 12026 directly between any of the places mentioned in Section 12026. (5) The transportation of a firearm by a person when going directly to, or coming directly from, a fixed place of business or private residential property for the purpose of the lawful repair or the lawful transfer, sale, or loan of that firearm. (6) The transportation of a firearm by a person listed in Section 12026 when going directly from the place 92 00197 O o o A B W D e —27— AB 78 where that person lawfully received that firearm to that person’s place of residence or place of business or to private property owned or lawfully possessed by that person. (7) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show, swap meet, or similar event to which the public is invited, for the purpose of displaying that firearm in a lawful manner. (8) The transportation of a firearm by an authorized employee or agent of a supplier of firearms when going directly to, or coming directly from, a motion picture, television, or video production or entertainment event for the purpose of providing that firearm to an authorized participant to lawfully use as a part of that production or event. , (9) The transportation of a firearm by a person when going directly to, or coming directly from, a target range, which holds a regulatory or business license, for the purposes of practicing shooting at targets with that firearm at that target range. (10) The transportation of a firearm by a person when going directly to, or coming directly from, a place designated by a person authorized to issue licenses pursuant to Section 12050 when done at the request of the issuing agency so that the issuing agency can determine whether or not a license should be issued to that person tocarry that firearm. (11) The transportation of a firearm by a person when going directly to, or coming directly from, a law enforcement agency for the purpose of a lawful transfer, sale, or loan ofthat firearm pursuant to Section 12084. (12) The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and 92 00198 AB 78 , — 28 — J 2 3 A 5 6 7 8 regulations governing the administration of parks and campgrounds. (13) The transportation of a firearm by a person in order to comply with subdivision (c) or (i) of Section 12078 as it pertains to that firearm. (14) The transportation of a firearm by a person in order to utilize subdivision (J) of Section 12078 as it pertains to that firearm. (15) The transportation of a firearm by a person when going directly to, or coming directly from, a gun show or event, as defined in Section 178.100 of Title 27 of the Code of Federal Regulations, for the purpose of lawfully transferring, selling, or loaning that firearm in accordance with subdivision (d) of Section 12072. (16) The transportation of a firearm by a person in order to utilize paragraph (3) of subdivision (a) of ’ Section 12078 asit pertains to that firearm. (17) The transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and if that firearm is being transported to a law enforcement agency, the person gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency. (18) The transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law, if he or she gives prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agencyfor disposition according to law. (b) In order for a firearm to be exempted under subdivision (a), while being transported to or from a place, the firearm shall be unloaded, kept in a locked container, as defined in subdivision (d), and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. (c) This section does not prohibit or limit the otherwise lawful carrying or transportation of any pistol, 92 00199 e e e e e t s t e e C O M I N A P W N H D O O A A U B W N e 19 — 29 — AB 78 revolver, or other firearm capable of being concealed upon the person in accordance with this chapter. (d) As used in this section, “locked container” means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motorvehicle. SEC. 4. Section 12092 of the. Penal Code is amended to read; 12092, The Department of Justice upon request may assign’ a distinguishing number or mark of identification to any firearm whenever it is without a manufacturer’s number, or other mark of identification or whenever the manufacturer’s number or other mark of identification or the distinguishing number or mark assigned by the departmenthas been destroyed or obliterated. SEC. 5. Section 12094 of the Penal Code is amended to read: 12094. (a) Any person with knowledge of any change, alteration, removal, or obliteration described herein, who buys, receives, disposes of, sells, offers for sale, or has in his or her possession any pistol, revolver, or other firearm which has had the name of the maker, model, or the manufacturer’s number or other mark of identification including any distinguishing number or mark assigned by the Department of Justice changed, altered, removed, or obliterated is guilty of a ; misdemeanor, (b) Subdivision (a) does not apply to any of the following: (1) The acquisition or possession of a firearm described in subdivision (a) by any member of the military forces of the this state or of the United States, while on duty and acting within the scope and course of his or her employment. (2) The acquisition or possession of a firearm described in subdivision (a) .by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, while on duty and acting within the scope and course of his or her employment. 92 00200 AB 78 — 30 — { 2 3 4 5 6 7 8 B e e e e D B D w o r ~ a y n n f W Y H R K O o (3) The acquisition or possession of a firearm described in subdivision (a) by any employee of a forensic laboratory, while on duty and acting within the scope and courseofhis or her employment. (4) The possession and disposition. of a firearm described in subdivision (a) by a person who meets, all of thefollowing: (A) He or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.f or paragraph (1) of subdivision (b) of Section 12316 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code, (B) The person possessed the firearm no longer than was necessary to deliver the same to a law enforcement agencyfor that agency's disposition according to law. (C) If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency in order to deliver the firearm to the law enforcement agencyfor the agency 5 disposition according to law. (D) If the person is transporting the firearm to a law ‘enforcement agency, he or she has given prior notice to the law enforcement agency that he or she is transporting the firearm to that law enforcement agency for that agency’ disposition according to law. (E) The firearm is transported in a locked container as defined in subdivision (d) ofSection 12026.2. SEC. 6. Section 12201. of the Penal Code is amended to read: ; 12201. Nothing in this chapter shall affect or apply to any of the following: 92 00201 O o ~ ” A A & W N —31— AB 78 (a) The sale to, purchase by, or possession of machineguns by police departments, sheriffs’ offices, marshals’ offices, district attorneys’ offices, the California Highway Patrol, the Department of ‘Justice, the Department of Corrections for use by the department’s: Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit, or the military or naval forces of this state or of the United States for use in the dischargeoftheir official duties. (b) The possession of machineguns by regular, salaried, full-time peace officer members of a police department, sheriff’s office, marshal’s office, district attorney’s office, the California Highway Patrol, the Department of Justice, or the Department of Corrections for use by the department’s Special Emergency Response Teams and Law Enforcement Liaison/Investigations Unit when on duty and if the use is within the scope of their duties. oo SEC. 7. Section 12316 of the Penal Code is amended to read: 12316. (a) Any person, corporation, or dealer who sells ammunition or reloaded ammunition fo a person knowing that person to be a minor under 18 years of age shall be punished by imprisonment in a county jail for a. term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment andfine. _ Proof that a person, corporation, or dealer, or his or her. agent or employee, demanded, was shown, and acted in reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this subdivision. As used in this subdivision, “bona fide evidence of majority and identity’ means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person, 92 00202 AB 78 — 32— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (b) (1} No person’ prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded. ammunition. (2) For purposes. of this subdivision, ‘‘ammunition” shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. _ (3) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or | in the state prison, by a fine. not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, (c) Unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, no person shall carry ammunition or. reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under subparagraph (A) of paragraph (1) of subdivision (a) of Section 12027. This subdivision shall not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making an arrest or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is engaged in the performance of his or her duties, as defined in subdivision (e) of Section 7521 of the Business andProfessions Code. A violation of this subdivision is punishable by imprisonment in a county jail. for a term not to exceed six months, a fine not to exceed 92 00203 D R O r e t e e e e e e e s e e T O S ~ I N M A P O N Y K K D B O C O A I N U M A B R W N Y e e N N W N B W D O N N N b y C n N w L o b o C o 31 —33— AB 78 one thousand dollars ($1,000), or both the imprisonment andfine. (d) (1) A violation of paragraph (1) of subdivision (b) is justifiable where all of the following conditions are met: (A) The person found the ammunition or reloaded ammunition or took the ammunition or reloaded ammunition from a person who was committing a crime against him orher. (B) The person possessedthe ammunition or reloaded. ammunition’ no longer than was necessary to deliver or transport the ammunition or reloaded ammunition to a law enforcement agency for that agency’s disposition according to law. (C) The person is prohibited from possessing any ammunition or reloaded ammunition solely because that person is prohibited from owning or possessing a firearm only by virtue of Section 12021. (2) Upon the trial for violating paragraph (1) of subdivision (b), the trier of fact shall determine whether the defendant is subject to the exemption created by this subdivision. (3) The defendant has the burden of proving by a preponderance of the evidence that he or she is subject to the exemption provided by this subdivision. SEC. 8. Section 12316 of the Penal Code is amended to read: 12316. (a) (1) Any person, corporation, or dealer who does either of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment andfine: (A) Sells any ammunition or reloaded ammunition to a person knowing that person to beunder 18 years of age. (B) Sells any ammunition ‘or reloaded ammunition designed and intended for use in a pistol, revolver, or other firearm capable of being concealed upon the person to a person knowing that person to be under 21 years of age. As used in this subparagraph, “ammunition” means handgun ammunition as defined in subdivision (a) of Section 12323. Where ammunition or teloaded 92 00204 AB 78 — 34— O O 0 O I O A N O H B W N ammunition may be used in both a rifle and a handgun, federal law shall be considered for purposes of enforcing this subparagraph. ; (2) Proof that a person, corporation, or dealer, or his or her agent or employee, demanded, was shown, and acted in reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this subdivision. As used in this subdivision, “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person.. (b) (1) No person’ prohibited from owning or possessing a firearm under Section 12021 or 12021.1 ofthis code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. -(2)-For purposes of this subdivision, . “ammunition” shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. (3) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment. (c}) Unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except swom law enforcement officers acting within the scope of their duties or persons exempted under subparagraph (A) ofparagraph (1) of subdivision (a) of Section 12027. This subdivision shall not apply to a duly appointed peace officer as defined in Chapter 4.5 92 00205 D R e e e e e C S O W M A A M A H W H N M E H S T O M A A M A A R W Y E R N N N B O N N N N “ S I N w s W w W w G l o W N N O M P W h H R e O O o w W e t o l o L o O o c o S I N & o O — 35 — AB 78 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal ‘government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making an arrest or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Tithe 2: of Part 4, or an armored vehicle guard, who is engaged in the performance of his or her duties, as defined in subdivision (e) of Section 7521 of the. Business and Professions Code. A violation of this subdivision is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine, (d) (1) A violation of paragraph (1) of subdivision (b) is justifiable whereall of the following conditions are met: (A) The person found the ammunition or reloaded amununition or took the ammunition or reloaded ammunition from a person who was committing a crime against him orher. {B) The person possessed the ammunition or reloaded ammunition no longer than was necessary to deliver or transport the ammunition or reloaded ammunition to a law enforcement agency for that agency’s disposition according to law. (C) The person is prohibited from possessing any ammunition or reloaded ammunition solely because that person is prohibited from owning or possessing a firearm only by virtue of Section 12021, - (2) Upon the trial for violating paragraph (1) of subdivision (b), the trier of fact shall determine whether the defendant is subject to the exemption created by this subdivision. (3) The defendant bas the burden of proving by a | preponderance of the evidence that he or she is subject to the exemption provided by this subdivision. 92 00206 AB 78 — 36 — Y m f e e e e t e t e e t W e r I S A M R U I N R K O W T Q W A M A H P W D Y N N M N Y W N © W W N N H N N N N W N K — S O O O ~ I D U w w W W L a a W h Y L a N N SEC. 9. Section 12322 of the Penal Code is amended to read: 12322. Nothing in this chapter shall apply to or affect either of the following: (a) The sale to, purchase by, possession of, or use of any ammunition by any member of the Army, Navy, Air Force, or Marine Corps of the United States, or the National Guard, while on duty and acting within the scope and course of his or her employment, or any police agency or forensic laboratory or any person who is the holderof a valid permit issued pursuant to Section 12305. (b) The possession of handgun ammunition designed primarily to penetrate metal or armor by a person who found the ammunition, if he or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code and is transporting the ammunition to a law enforcement agency for disposition according to law. SEC. 10. Section 2.5 of this bill incorporates amendments to Section 12021 of the Penal Code proposed by both this bill and AB 688. It shall only become operative if (1) both bills are enacted and become © effective .on or before January 1, 1998, (2) each bill amends Section 12021 of the Penal Code, and (3) this bill is enacted after AB 688, in which case Section 2 of this bill shall not become operative. , SEC. 11. Section 8 of this bill incorporates amendments to Section 12316 of the Penal Code proposed by both this bill and AB 1221. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1998, (2) each bill amends Section 12316 of the Penal Code, and (3) this bill ‘is enacted after AB 1221, in which case Section 7 ofthis bill shall not become operative. 92 00207 The documents following this page were photocopied from the files of the -. Assembly Committee on Public Safety. - = 90208 a Page i Date of Hearing: April 6, 1997 Chief Counsel: Judith M. Garvey C Robert M. Hertzberg, Chair ASSEMBLY COMMITTEE ON PUBLIC care? Nogp e 6 AB 78 {Granlund) - As Amended: March 20, 1997 OV SUMMARY: Makes a series of changes to California's firearms and weapons laws to address issues raised in several recent Court of Appeals decisions and a letter in the Assembly Journal, Specifically, this bill: 1} Creates a locked container exemption for persons who are not ina prohibited class to transport to law enforcement agency handguns they find for disposition according to law, 2) Allows persons not otherwise prohibited from possessing firearms to possess incident to transportation to transport certain firearms and ammunition to law enforcement agencies of those items they find for disposition according to law. 3) Allows non-violent, prohibited persons who are not mentally infirm to avoid prosecution on possession of conventional firearms where they deliver conventional firearms to law enforcement agencies which they find. 4) Rewrites a relief from disability statute to conform to a ruling of the Court of Appeal and in so doing permits any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. 5) Exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the _ possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. 6) Excludes from the definition of "dirk or dagger", a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or more inches in length, or a pocketknife capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. 7) Codifies case law that a dirk or dagger is not concealed upon the person where the dirk or dagger that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transport possessions. EXISTING LAW: 1) Provides it ig illegal to carry a concealed "dirk or dagger" upon one's person. (Penal Code Section 12020(a) .) 00209 3) 4) 5) 6) AB 78 ‘ Page 2 Provides it is illegal to carry a concealed handgun on one’s person or in a vehicle. (Penal Code Section 12025.) There are numerous exemptions from this prohibition. (Penal Code Sections 12026, 12026.1, 12026.2, and 12027.) Prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. (Penal Code Section 12020.) Prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. (Penal Code Sections 12320 to 12323.) Prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. (Penal Code Sections 12021 and 12021.1, and Welfare and Institutions Code Section 8100 and 8103.) Provides that any pergon who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. (Penal Code Section 12021.) COMMENTS : 1) 2) Author's Statement. According to the author, "AB 78 addresses certain 'odds and ends‘ weapons issues that have come to light by virtue of the lost and found property issue and two issues raised by constituents of mine. "The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies. This issue was raised in connection with the the recovery of lost property. "Also, Justice Art McKinster who is a Justice of the Court of Appeal in San Bernardino noted in In re Evans 49 Cal.App.4th 1263 that the relief from disabilities provisions in Penal Code section 12021(c) (3) as drafted violated the ‘equal protection clauses’ of the state and federal constitutions. "To gave the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the 10 year prohibition prior to the offense being added to the list of offense for which the 10 year prohibition applied to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice -McKinster‘s opinion." Relief from Disabilities. In re Evans (1996) 49 Cal.App.4th 1263, the Court of Appeals held that the "relief from disabilities provisions" in Penal Code Section 12021(c) (3) as drafted violated the "Equal Protection Clauses" of the State and Federal Constitutions. Evans involved a defendant who was convicted of possessing a gun after he had been convicted of spousal abuse. His conviction of spousal abuse occurred after January 1, 1991, but prior to the offense of spousal abuse barring gun possession for 10 years. That occurred in 1993. Evans challenged his gun conviction that had he been convicted of spousa00210 3) AB_ 78 Page 3 abuse prior to 1991, he could have claimed relief. In agreeing with his claim, the Court of Appeal noted that the January 1, 1991 date was irrational as to persons where the offense barring possession was added tc the list after January 1, 1991. There are approximately 25 offenses added to the 10-year prohibition after January 1, 1991. To. save the statute from invalidity, the Court of Appeal rewrote the statute to allow anyone who was convicted of an offense subject to the 10-year prohibition prior to the offense being added to tha list of offenses for which the 10-year prohibition applied to apply once for relief from the disability imposed by the prohibition. Persons Who TurnInWeapons. a) b) c) Case Law. Under current California law, there are no statutory "safe harbor" exemptions for persons who may or may not be in prohibited Classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies. This issue has been discussed by the Court of Appeals in People v. Hurtado (1996) 47 Cal.App.4th. 805 and People v. Pepper (1996) 41 Cal.aApp.4th 1029 in the context of prohibited persons, i.e., persons who cannot legally possess any firearm. One court felt the exemption existed, but held that the defendant could not claim it. The other court disallowed the exemption pericd. AB 78. This bill creates distinct safe harbor exemptions for persons who are not, per se, legally prohibited from possessing weapons and for those persons prohibited from possessing weapons. The author believes that these exemptions should be placed on a statutory basis. Specific Provisions as to Non-Prohibited Persons. As to non-prohibited persons, they may legally transport convent ional firearms and certain contraband to law enforcement agencies provided certain conditions are met. The bill covers the following items: i. Handqung. The Civil Code contains specific provisions on the responsibilities of finders of lost property. There is no Pena. Code concealed carry exemption for the safe transport of lost handguns to a law enforcement agency. Thig bill amends the locked container exemption section to add two specific exemptions to allow the transportation of a firearn by a person who finds the firearm in-order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and the transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law. Since this bill adds to a laundry list of exemptions, as is the case with the other exemptions, in order for a firearm to he exempted while being transported to or from a place, the firearv. shall be unloaded, kept in a locked container and the course of travel ghall include only those deviations between authorized 00211 di. AB_78 Page 4 locations as are reasonably necessary under the circumstances. Under current law, a “locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle. 12020 Items. Penal Code Section 12020 bans the manufacture, distribution, importation and possession of most illegal firearms and certain forms of ammunition. These items include a cane gun or a wallet gun, an undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multi~burst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag. AB 78 would allow possession incident to transport of all Section 12020 items other than a short-barreled rifle or short-barreled shotgun found and possessed by a person who is not. generally prohibited from possessing firearms or ammunition and is transporting the listed item to a law enforcement agency for disposition according to6 law. Armor-Piercing Ammunition. Armor-piercing ammunition (aka "cop killer bullets") are prohibited by Penal Code Section 12320. Under this bill, a person who found the ammunition may possess it incident to transporting it to a law enforcement agency for disposition according to law if he or she is not in a prohibited class of person generally prohibited from possessing firearms or ammunition, ‘ As is the case of various weapons statutes, the defendant has the burden that he or she falls under the exemption. Pepper-Hurtado Issue as to Prohibited Persons. AS noted above, case law suggests that felons and other prohibited persons who take possession guns out of necessity and turn them into a law enforcement agency may possess the same incident to transportation thereto. This bill makes justifiable a violation of Penal Code Section 12021 (but not other statutes) a possession charge where all of the following conditions are met: i. The person found the firearm or took the firearm from a person who was committing a crime against him or her. The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law. 00212 4) 5) 6) AB_78 Page 5 iii. If the firearm was transported to a law enforcement agency, it was transported in accordance with the locked container rules. iv. Upon the trial for violating the possession section, the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this bill. v. The defendant has the burden of proving by a preponderance of the evidence that he or she comes within the provisions of the exemption created by this bill. Should there be an amendment to include the same language in Penal Code Section 12316 (prohibited persons possessing ammunition} to include the same provision limited to the same persons set forth in Section 12021? Should not this be done? When aré Knives Dirk or Daggers? a) b) AB 1222 (Martinez), Chapter 128, Statutes of 1995. Last year, Assembly Member Martinez wrote a letter in the Assembly Journal clarified the meaning of AB 1222, which revised the definition of a "dixk or dagger". The prior definition was created by AB 1266 (Martinez), Chapter 357, Statutes of 19983. Both bills were designed to create a statutory definition rather than having conflicting case law. The letter in the Journal indicates that a folding knife is "a dirk or dagger" for purposes of Penal Code ‘Section 12020 only if the blade of such knife is exposed and locked into position. AB 78. This bill attempts to codify the letter in the Journal without touching switchblade knife regulation or otherwise doing major damage to the law. The author is doing this at the request of Buck Knives. When are Dirks and Daqoers Illegally Carried Concealed? a) b) Case Law. Under current Section 12020, dirks or daggers are considered to be illegally carried only if carried concealed upon the person. Case law suggests that this is under the person’s clothes. AB 78. At the request of the Buck Knives, AB 798 also provides that a dirk or dagger is not illegally Carried concealed if it is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that ig used to carry or transport possessions. This appears to be consistent with current case law. Forensic Laboratories. a) b) Background. Under a number of code sections, lab personnel have a clear exemption to allow them to possess contraband incident to their official duties. Penal Code Section 12020 does not have such a clear exemption. AB_78. AB 78 explicitly allows possession of any weapon, device, or ammunition banned by Section 12020 by a forensic laboratory or any 00213 AB 78 Page 6 authorized agent or employee thereof in the course and scope of his or her authorized activities. 7) Machine-Guns. At the request of Legislative Counsel, the bill makes cosmetic code maintenance changes to the machine-gun exemption statute. ARGUMENTS IN SUPPORT AND OPPOSITION. The California Attorneys for Criminal Justice support the proposed amendments to Section 22 relating to exemptions for possession and transportation of weapons as the provision will increase: public safety by encouraging the removal of firearms from communities. CACJ does not believe, however, that expanding criminal liability for possession of certain knives will deter criminal conduct, but only further clog the courts and penal institutions, REGISTERED SUPPORT/OPPOSITION: Support California Attorneys for Criminal Justice (partial support) California Rifle and Pistol Association, Inc. Doris Tate Crime Victims Bureau Opposition California Attorneys for Criminal Justice (partial opposition) Analysis prepared by: Judith M. Garvey / apubs / (916) 445-3268 00214 AB 78 8 a e a CONCURRENCE IN SENATE AMENDMENTS ; AB 78 (Granlund) D N tR As Amended July 7, 1997 0 0 emove Majority vote ASSEMBLY: 76-0. (April 17, 1997} SENATE; 26-5 (July_17, 1997) Original Committee Reference: PUB. &. SUMMARY: Makes a series of changes to California’s firearms and wéapons laws to address issues raised in several recent Court of Appeals decisions anda letter in the Assembly Journal. The Senate amendments: 1) Add an exemption to the existing prohibition on the acquisition, possession or transportation of firearms with obliterated ID marks for military members, peace officers, forensic lab employees, and persons otherwise in lawful possession who are taking the firearm to a law enforcement agency for disposal. 2) Condition all the exemptions added by the bill as passed by the Assembly for turning in firearms to a law enforcement agency on the following additional factors: a) The person gives prior notice to the law enforcement agency that he or she is bringing the firearm into those premises. b) The firearm is transported in a "locked container," as defined under existing law. 3) Allow non-violent, prohibited persons who were not mentally infirm to avoid prosecution on possession of ammunition, where they delivered the ammunition to law enforcement agencies. 4) Delete a duplicative provision of this bill as it passed the Assembly relating to when a dirk or dagger was not concealed upon the person. 5) Allow the Department of Justice (DOJ) to assign a distinguished mark to any firearm, not just a pistol or revolver, when the regular mark is obliterated. 6) Double-join thig bill to AB 688 (Bowler), enrolled to Governor, and AB 1221 (Aroner), pending in the Senate. EXISTING LAW; 1) Provides it is illegal to carry a concealed "dirk or dagger" upon one’s person. 2) Provides it is illegal to carry a concealed handgun on one’s person or in a vehicle. There are numerous exemptions from this prohibition. 3) Prohibits the manufacture, import, distribution or possession of specified weapons and firearms, and prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or 00215 Es Page 2 ammunition. 4) Provides that any person who ig subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. 5) Allows the DOJ to assign a new serial number on request to any pistol or revolver. AS PASSED BY THE ASSEMBLY, this bill: i) Created a locked container exemption for persons who were not ina prohibited class to transport to law enforcement agency handguns they found for disposition according to law. 2) Allowed persons not otherwise prohibited from possessing firearms to possess incident to transportation to transport certain firearms and ‘ammunition to law enforcement agencies of those items they found for disposition according to law. 3) Allowed non-violent, prohibited persons who were not mentally infirm to avoid prosecution on possession of conventional firearms which they found and deliver conventional firearms to law enforcement agencies. 4) Re-wrote a relief from disability statute to conform to a ruling of the Court of Appeal. , 5) Exempted from the prohibition against the manufacture, import, distribution or possession of specified weapons and firearms, the possession. of these items by a forensic laboratory or any authorized agent or employee thereof in the course and scope of their authorized activities. 6) Excluded from the definition of "dirk or dagger," a non-locking folding knife, a folding knife that was not a switchblade knife having a blade two or more inches in length, or a pocketknife capable of ready use as a stabbing weapon that would inflict great bodily injury or death only if the blade of the knife was exposed and locked into position. FISCAL EFFECT: None COMMENTS: This bill addresses a constitutional issue resulting from relief From disabilities issues in In re Evans 49 Cal.App.4th 1263 which rewrote the statute to make it valid. This bill conforms to Evans. This bill creates "safe harbor" exemptions for persons who may or may not be in prohibited classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies to address the suggestions of the Courts of Appeal in People v. Hurtado (1996) 47 Cal.App.4th. 805 and People v. Pepper (1996) 41 Cal.App.4th 1029. Analysis prepared by: Judith M. Garvey / apubs / (916) 445-3268 FN 033874 00216 Bs Page 1 ASSEMBLY THIRD READING AB 78 (Granlund) : ar As Amended: March 20, 1997 2 ( Majority vote PUBLIC SAFETY 12-0 Vp, *# 0 my g 4) *@ v Ayes: Hertzberg, Goldsmith, Aroner, — Qe e Baugh, Bowler, House, Kuehl, Dr Martinez, Migden, Murray, be Pacheco, Washington ¢. SUMMARY: Makes a series of changes to California's firearms and weapons laws to address issues raised in several recent Court of Appeals decisions and a letter in the Assembly Journal. Specifically, this bill: 1) Creates a locked container exemption for persons who are not in a prohibited class to transport to law enforcement agency handguns they find for disposition according to law. 2) Allows-persons not otherwise prohibited from possessing firearms to possess incident to transportation to transport certain firearms and ammunition to: law enforcement agencies of those items they find for disposition according to law. 3) Allows non-violent, prohibited persons who are not mentally infirm to avoid prosecution on possession of conventional firearms where they deliver conventional firearms to law enforcement agencies which they find. 4) Rewrites a relief from disability statute to conform to a ruling of the Court of Appeal and in so doing permits any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. 5) Exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by a forensic laboratory of any authorized agent or employee thereof in the course and scope of his .or her authorized activities. 6) .Excludes from the definition of "dirk or dagger", a non-locking folding knife, a folding knife that is not a switchblade knife having a biade two or more inches in length, or a pocketknife capable of ready use as a stabbing weapon that may inflict great bedily injury or death only if the blade of the knife is exposed and locked into position. : 7) Codifies cage law that a dirk or dagger is not concealed upon the person where the dirk or dagger that is carried in a backpack, tool belt, tackle box, briefcase, plirse, or similar container that is used to carry or transport possessions. EXISTING LAW: 1) Provides it is illegal to carry a concealed "dirk or dagger" upon one’s person. : 00217 2) 3) 4) 1) 2) AB_ 78 Page 2 Provides it is illegal to carry a concealed handgun on one’s person or in a vehicle. There are numerous exemptions from this prohibition. Prohibits the manufacture, import, gale, giving, lending, or possession of specified weapons and firearms. Prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. Prohibits felons, violent misdemeanants, the mentally infirm, drug. addicts, and the like from possessing any firearm or ammunition. Provides that any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief .from the prohibition. FISCAL EFFECT: None COMMENTS: According to the author, "AB 78 addresses certain ‘odds and ends’ weapons issues that have come to light by virtue of the lost and found property issue and two issues raised by constituents of mine. ‘The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies. (This issue was raised in connection with the the recovery of lost property. — "Also, Justice Art McKinster who is a Justice of the Court of Appeal in San Bernardino noted in In re Evans 49 Cal.App.4th 1263 that the relief from disabilities provisions in Penal Code section 12021(c) (3) as drafted violated the ‘equal protection clauses‘ of the state and federal constitutions. "To gave the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the 10 year prohibition prior to the offense being added to the list of offense for which the 10 year prohibition applied to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster’s opinion." ‘ , Please see the policy committee analysis for a more comprehensive discussion of this bill. Analysis prepared by: Judith M. Garvey / apubs / (916) 445-3268 00218 a ASSEMBLY COMMITTEE ON PUBLIC SAFETY BILL NO. 73 AUTHOR: lusd Legislative Office Building SENT: a -7 1021 0 Street, Suite A138 Sacramento, CA 95814-5718 DUE: A-I% (916) 445-3268 (916) 327-6830 (FAX) ILL ANALY RK ALL COMMITTEE WORKSHEETS SHALL BE RETURNED TO THE COMMITTEE NO LATER THAN FIVE LEGISLATIVE DAYS AFTER DELIVERY TO THE AUTHOR’S OFFICE. 1) WEEDFORBILL. (AUTHOR‘’S STATEMENT) Please present all the relevant facts (BE SPECIFIC) that demonstrate the need for thiga bill (AS YOU WISH IT TO APPEAR IN THE AUTHOR’S STATEMENT PORTION OF THE ANALYSIS). * SHE AOTACHED ‘ 2) SOURCEANDBACKGROUND OFBILL. a) Who is the person in your office to contact regarding this bill? (Please provide telephone number.) , Ash/ Irwin Nowick’ (445-6767/445-5231) and Dr. Bill Cavala b) What, if any, person, organization, or governmental entity requested introduction of this bill? (PLEASE NAME SOURCE, CONTACT PERSON AND TELEPEONE NUMBER.) c) Identification by session and bill number similar or companion bills previously introduced, including the disposition of these bills. Unclear 00219 3) 4) 5) 6) > ad) Please attach'a copy of any press release issued in connection with this bill. {LABELING IT AS SUCB) Q e) Please attach/copies of any background material in explanation of this bill, or state where such material is available for reference by committee staff. (LABELING IT AS SUCH) f) Please attach“copies of letters of support or opposition you have already received. And please immediately forward any letters received after turning in this worksheet. AMENDMENTS PRI TO HEARING. a) Do you plan any substantive amendments to this bill prior to hearing? yes XXXX no b) If the answer to (a) is "yes" please EXPLAIN BRIEFLY THE SUBSTANCE of the amendments being prepared (and attacha copy of the draft language which has gone to legislative counsel). c) SUBSTANTIVE AUTHOR'S AMENDMENT(S) SHALL NOT BE ACCEPTED LATER THAN TUESDAY AT 12:00 P.M. PRIOR TO THE COMMITTEE HEARING AT WHICH THE BILL HAS BEEN SET. (SEVEN COPIES IN LEGISLATIVE COUNSEL FORM.) AMENDMENTS MUST BE HAND DELIVERED TO THE COMMITTEE LOCATED ATa= Ss SSeS 1022 O STREET, ROOM A-198. WITNESSES. Please list the witnesses you plan to have testify. Please state what the potential effect of this bill is if it were to be signed into law. Deals with various court decisons on _transvorting of guns and ‘ORDER OF AGENDA. Federal Constitutions beaause of an arbitrarycutoff date for seeking relief from the disability. The Court of Appeals held Tht ww was irrational as to persons, where tha offense barring possession was added to the List after that date. e are approximately twenty-23 fensegadded to ten-vea ghibition:after Jay 1, 1991- EstateSoa statute from . ourt of Appeal the =TPeperen statute one xO was convicted of an offense Pp ition. priex to the offense list of off for which the ten-y subject to the ten- ied, to apply once elief from the beaing added to prohibition imposed: by the prohibition.disabili 00228 'g1003LEGISLATIVE AFFAIRS PAGE. a403/20507 FRI 14:27 FAX 3222630 SENATOR ‘PEACE 3/12/1995 21:55 $15-327-3522 | . t AB: 78 “conforms the.language in Penal Code ection 4 12021 (c)(3)- to the vans court’s decision. Failure to rewrite Section 12021(¢) (3) “to reflect Evans could resultin the prohibition being invalid and all sorts of persons who FAAe one to gain access to guns being legally able to do so. iz Secondly, AB 78 addresses the decision of the Sacramento Superior Court in v.DepartmentJustice, Case No. 96 CS 01471. In Dayacemos, the Honorable Cecily Bond, Judge of the Superior Court held that current Welfare and Institutions Cede section 8103(£) is unconstitutional as Section 8103 (£) it deprives persons subject. to its prohibition of the right to possess a firearm without any qurches court hearing or determination (due process right to sel, hearing, etc.). Judge Bond has stayed” the effective date of the decision until, January 1, 1998, in order to allow the Department of Justice to make the necessary changes in its process and to notify the parties who would otherwise be required to lg Ukebao submit information to the laue.7 Aes ite orfcggrest The Department of gusticefis not going te appeal the ~ decision and now Wants to deal with the statutory changes needed to delete the prohibition set forth in Section aisene from ‘possessing firearms. 5The departunens, Therore. ; Bite The Department of Justice ?nd the D artment of veceea ¢/“de Health estimate-that approximately of the persons Cyir barred from possessing firearms.can be prohibited from | 04 possassing the same if Section 8103(g)’s certification procedures are followed. 1391, the Legialatureat ging of then tingaaLuar and now Sen enacted in Assembly Bill 242) (Connelly), Ch. O3(9) prohibition based on Anflevarhe so-call 0 certification procedi ich was in¢)Ct.YHoat,) on to the 8103 (£) ‘provision. Section 8103(g) was enacted in 1991 precisely because there was an comcern that the Section 8103(f) prohibition was invalid. : CHEFopens.‘the invalid 8103 (£) provisions as| Judge Bond in her order held that that Section 8103(g) procedure was so intertwined with Section 8103(f) that it should beseparated out and repealed for the 8103 (g) prohibition to be valid. Judge Bond that Saction 8103 (g) ~ which is renumbered as. Section. 8103 (£). pursuant to AB 78 - is itsels a - valid prohibition. As such, AB'78 preserves the valid Section 8103 (gq).prohibition: which.WiLL now consticutionally stand, fe The expectation is that with AB 78’schanges, those . 00229 VosZur l Dees ; i a3/12/1995. 21:55 916-22F3s49 | SENATOR. PEAGE a rj PAGE 85 + . Ss incerety, FKL L4:49 £RA 3h6609U _, BPWAOLALLYo arraing WES w r a Y O L a e mentally infirm persons who should mot gain access to firearms and-other weapons will still be denied access. pursuant to new Section 8103(f),. AB 78. also states specifically thatthese mental. health changes are beingpas te comply. with Dayacames.. AB 78 1s the product of much effort and negotiation. I that regard, I wish to express my appreciation for the — assistance and input of Assemblyman Bob Hertzberg as Chair of the Public Safety Committee, Judith Garvey, Chief Counse! of the Assembly Public SafetyCommittee, Senator John Burton, execu! Simon Haines, Chief Counsel cf the Senate Public Safet ns Committee, Larry Brown ofmeke CaliformeaDiw rretattornsys A recto Recsand Steve Rorenet)ofthe Attorney General’ office. | Depusy ATTINE central, AB 783 is sup the. a coxney General, the calitcinia Attorneys:fox apiieea vtheBES various firearms — organizations, and ate Sheriff's Association. 7 bus wna I trust that this’ ¢ arifies matters as to the need for’‘AB. 73. 4 a t Brett Granlund 00230 INTEROFFICE MEMORANDUM Date: 10-Jun-1997 12:50pm PDT From: Irwin Nowick NOWICKIR@A1L@SENATE Dept: SC40 Tel No: O: Judith Garvey ( GARVEY_JU@A1@ACOMM ) ubject: ab 78 (Granlund) Judith: AB 78 got out of Senate Public Safety Committee DPA. The bili was amended approximately three weeks ago so that that Simon would get input on the Dayacomos situation. Here are what the Senate Amendments to the bill do: 1) 2) a) b) Inserts into the bill your suggested amendments on amending PC 12316 on Pepper-Hurtado as set forth in comment 3(d) of your analysis. That was an oversight in COPS and was done in the Senate. Made a conforming change to 626.10 on the definition of dirks and daggers:to reflect Section 12020 changes. This was a Simon requested amendment and makes a deletion on redundant language. Includes the following provisions from SB 63 which we made a two year bill to cut down on chaptering issues: Allows the Department of Justice to assign a distinguishing mark to any firearm, not just a pistol or revolver, when the regular markis cbliterated. Adds exemptions to the existing general prohibition on the acquisition, possession or transportation of firearms with obliterated ID marks for: i) Members of the military on duty in scope of employment ; ii) Peace officers on duty in scope of employment; iii) Employees of a forensic laboratory on duty in scope of employment; iv) Persons otherwise in lawful possession who are taking the firearm to a law enforcement agency for disposal. 00231 4) Addresses the Dayacomos issue by repealing 8103(f) as added in AB 497. In Dayacomos, Judge Bond struck down 8103 (£) but upheld 8103(g). This is DOJ’s fix. DOT spoke to CSSAC and the consensus was that to comply with Bond's ruling which DOJ will not appeal you need a special court hearing and procedure that is comparable to 5250. The reason 8103(g) was added in AB 242 in 1991 was Gene, Burton, and Lloyd were told that everyone who was a nut case could constitutionally be denied a gun for 5 years under 5250 certification provisions and 8103(f) was invalid. All the people Lloyd wanted to get at are 5250 able and it satisfies Due Process. The view is that the effect of this is that there are going to be a ton more of 5250/8103 (gq) hearings. I spoke to Lloyd at the Courthouse about this arid he’s OK on the fix. He says that the only reason he got into this is because of McClintock. In the bill it is stated that this is being done to comply with Dayacomos. If you have any questions about Dayacomos, call Boreman at 324-5413. 00232 Officers President Ronald D.Jarrell Sheriff Lassen County Ist Vice President Charles Byrd Sheri Siskiyou County Jad Vice President Glenn Seymour her Madera County Secretary Charles C. Plummer Sheriff Alamteda Cowity Treasurer Steve Magarian Sheriff Fresno County Sergeant-at-Arms Les Weidman Shei StanislansCounty Directors Warren Rupf Sher Curtin Custa County Don McDonald Sheriff El Dorado Conaty Sherman Biock Past President Sheritf Lous Autgetes County Tom Sawyer Sheriff we Merced County Brad Gates Past President Sheriff Orange Cotrty Bil Kalender Sheriff San Diego County im Thomas hertif Santa Barbara County fim Pope ntriedinte Past President Sheriff Shasta County Gary Tindet Sherif Yuba Couitty x * Executive Director Sue Muney California State Sheritis’ Association Organization Founded by the Sheriffs in 1894 April 11, 1997 The Honorable Brett Granlund Assembly Member, 65th District State Capitol Building Sacramento,CA 95814 Dear Assembly MemberGranlund: Please be advised that the California State Sheriffs’ Association (CSSA)is no longer opposed to AB 78 as amended March 28, 1997. Should you have any questions or wish to discuss CSSA's position on this legislation, please don't hesitate to contact me. Sincerely, Qbowrd Alva S. Cooper Legislative Advocate ASC/cmec cc: Assembly Committee on Public Safety Attention: Judith Garvey 2125 - 19th Street, Suite 103 * P.O. Box 160168 * Sacramento, California 95816-0168 11041187,D0¢ Telephone 916/448-4242 % Fax 916/448-2137 00233 Hea Pobls Seng Conimittee 4-J6-9> oh Yespee xo//Lo per the Belhemine LH, a ne ABIY)RIS, E24 jue, Rb, $ 29%,B10,ABS, Pi 32y545, i32, SOSTS. sauy4e somesLpesg:ptPl, ss pperSekPE ovr bhe Ke[hemi ae 7. Vhs _ E76, FESS, ERLE?Ty HE is, HEBACES riotTeopesness SKh4%, - f ) ‘0 we ous Kia pt (Greavm owne ship The conhfpOreeiden of phe Le Ab SA we, Aye gQov ne Please vale |pre k i. an oe~ Fe dems wot GeelConcoead7ee | 00234 CAUSE | California Union of Safety Employees 2029 H Street Sacramento, CA 95814 1:800-522:2873 916-447-5262 916-447-2530 fax 2900 Bristol Street Suite H-201 Costa Mesa, CA92626 : . ; 1-800-551-1414-. T4-70B-7516.02 114:708-7582 fax April 4, 1997 Honorable Bob Hertzberg, Chair. Assembly Public Safety Committee State Capitol, Room 4162 Sacramento, CA 95814 cc: AB 78 - SUPPORT Dear Assemblymember Hertzberg: The California Union of Safety Employees (CAUSE), representing more than 6,400 state employed peaceofficers, regulatory investigators and safety personnel, support AB 78. This bill recognizes a glaring loophole in the law with regard to forensic laboratories and the possession and transport of certain types of evidence, and attempts to correct that problem. CAUSEand the Association of Criminalists- DepartmentofJustice (affiliated with CAUSE), strongly endorse this corrective measure. Should you have any questions, please call either myself at the CAUSEoffice or CAUSELobbyist Peter Jensen at (916) 441-0258. Sincerely, EEAML ohn A. Miller Director of Governmental Affairs JAM:tdd Assembly Public Safety Committee The Voice of Law Enforcement, Public Safety & Consumer Protectiogg235 California Attorneys for Criminal Justice Assembly MemberBrett Granlund StateCapitol - Room 4164 Sacramento, California 95814 April 2, 1997 Re: AB 78 Dear Assembly Member Granlund: CACJ regrets to inform you of that we are only able to support part of AB 78 , and opposetherestofthebill, The proposed amendments to Section 2 relating to exemptions for possession and transportation of weapons will increase public safety by encouraging the removal of firearms from our — communities. We do not belleve, however, that expanding criminal liability for possession of certain knives will deter criminal conduct, but only further clog the courts and penalinstitutions. if you or your staff wish to discuss this further, please contact me at my Office. a Very truly "Bova A Mary Brodérick Executive Director and Katherine Sher Legislative Advocate cc: Members and consultants, Assembly Committee on Public Safety CACS EXECUTIVE DIRECTOR Mary Broderick PRESIDENT detry J, Kenkel P.O. Box 3970 Chico, CA 95927 (916) 345-1396 PRESIDENT-ELECT Marcia A. Morrissey VICE PRESIDENT Cynthia A, Thomas SECRETARY Jon Minslofi TREASURER Michael F. Yamamoto BOARD OF GOVERNORS Michael L. Adelson, Los Angeles Seymour Applebaum, Pasadena Raymond Aragon, San Diego Carleen R. Arlidge, San Jose Danie! L. Barton, Palo Allo Richard Berman, Fresno Clyde M. Blackmon, Sacramento Kelly S. Buck, Los Angeles Martha J. Carlton, Modesto Shawn Snider Chapman, Los Angeles Nanci Clarence, San Francisco Steve Cochran, Los Angeles Lynne5, Coffin, San Francisco Cathy Dreyfuss, Venice - Rex Gay, Susanville Lisa Greer, Los Angeles Susan Ten Kwan, SanFrancisco John C. Lawson, Los Angeles Jan Lecklikner, San Francisco Willle M. Love, Oakland Madeline McDowell, Sacramento Richard Millard, Los Angeles Patience Milrod, Fresno Elizabeth Missaklan, San Diego Gregory C. Paraskou, San Jose Nancy Pemberton, Emeryville Vick!I. Rodberesky, Santa Monica HLA.Sala, Bakersfield D. Mickey" Sampson, Auburn Philip A. Schnayerson,. Hayward CarmelaSimancini, San Diego Karen Snell, San Francisco" Trima L. Thompson Stanley, Oakland Maria E, Stratton, Los Angeles Spencer Strellis, Oakland Scott A. Sugarman, San Francisco Kay L, Sunday, 5an Diego Tony Tamburello, San Francisco L. Stephen Turer, San Francisca Frank Ubhaus, San Jose Verna Welald, Los Angeles Melissa N. Widdifield, Los Angeles Charles Windon,Ill, Los Angeles Christopher H. Wing, Sacramento Thomas S. Worthington, Salinas PAST PRESIDENTS Ephraim Margolin, San Francisco, 1974 Paul J. Fitzgerald, Beverly Hills, 1975 George W, Porter, Ontario, 1976. Louis S, Katz, San Francisco, 1977 Barry Tarlow, Los Angeles, 1978 Charles R. Garry {deceased}, 1979 Charles M, Sevilla, San Diego, 1980 Dennis Roberts, Oakland, 1981 John J. Cleary, San Diego, 1982 Gerald F, Uelmen, Santa Cara, 1983 Michael G, Millman, San Francisco, 1984 Robert Berke, Santa Monica, 1985 Alex Landon, San Diego, 1986 Richard G. Hirsch, Santa Monica, 1987 ThomasJ. Nolan, Palo Alto, 1988 Leslie H. Abramson, Los Angeles, 1989 Elisabeth Semel, San Diego, 1990 Michael Rothschild, Sacramento, 1991 Philip H. Pennypacker, San dose, 1992 Jarmes Larson, San Francisco, 1993 James S. Thomson,Berkeley, 1994 Anne E,Fragassa, San Diego, 1995 Cristina C. Arquedas, Emeryville, 1996 LEGISLATIVE ADVOCATE Katherine Sher 660 “J” Street, Suite 200 Sacramento, CA 95814 Phone: (916) 448-8868 Fax: (916) 448-8965 1929 Wilshire Bh Sulte 688 s Angeles, CA 90010 Phone: (213) 933-9414 00236 Fax: (213) 933-9417 41119713:24:35 APR-@1-1997 13°27 GREETINGS FROM facsimil T SMITT RAN | AL FC to: Assemblyperson Robert Hertzberg fax #: 1-916-323-8459 re; AB78 (Granlund) SUPPORT: date: April 1, 1997 | pages: 1 page(s) total, including this cover sheet Assemblyperson Hertzberg, AB 78 is necessary to make the current law fair for individuals who had a conviction for an offense before it was added to the ten year prohibition list. Urge you support AB78. Thank you, Bob Hancock 707-642-9321 From the desk of... Robart Raymond Hancock 7001 Shady Lane Placerville, California 95667-8616 tel: 916-295-9335 fax 916-295-9385 FAX & bebhnek@inforum,net 94% TOF 02 P.@1 Pseens Pde CARPENTER SNODGRASS j02} - & ASSOCIATES 15 MEMORANDUM March28, 1997 TO: _ Assembly Public Safety Committee Members FROM: Chris Micheli on behalf of BUCK KNIVES RE: AB 78(Granlund) ~ SUPPORT Set for hearing: April 8, 1997 On behalf of our client, Buck Knives, I write in support of AB 78 (Granlund). Among other provisions, this bill would codify legislative intent regarding the definition of “dirk or dagger” found in California Penal Code Section 12020(c)(24). In our opinion, Section 12020(c)(24) is an overly broad statute which could lead to discriminatory enforcement. There are already sufficient penalties for the wrongful use or brandishment of.a knife. Mere possession of a knife which has many legitimate uses is unnecessary. As a result, we seek this clarifying language in the statute that specifically excludes certain knives from the dirk/daggerstatute. All folding knives should be excluded from the definition of “dirk or dagger,” unless they are open and in a locked position, thereby meeting the definition of “capable of ready use.” We should not prevent law-abiding citizens from possessing knives which can be used for a variety of peaceful, utilitarian purposes, such as hunting, fishing, camping, hiking, picnicking, and numerous tradés or occupations customarily requiring the use of a knife. The lack of certainty and the contrary interpretations demonstrate that appropriate amendmentsto the statute are necessary. AB 78 would have the effect of codifying the following letter from Assembly Member Diane Martinez which was published in the Assembly Daily Journal on August 31, 1996: This letter is meant to express my intent'in authoring AB 1222 in 1995, as well as the intent ofthe sponsors ofmy legislation, the California District Attorneys Association. . _Among other provisions, the statute prohibits any person from carrying, concealed uponhis or her person, any dirk or dagger, Subdivision (c)(24) defines the term dirk or dagger, For several decades, the term “dirk or dagger” was not defined in statute. P.O, BOX £7516 , IRVINE, CALIFORNIA 92713. 7146263.04.410 Hl2b-L STREET, SUITE 210 SACRAMENTO, CALIFORNIA 95814 Ft64492251 FAX: IIE-HEAI.8 AB 78 (Granlund) -- SUPPORT Page 2 Prior to 1993, the Penal Code did not specifically define dirk or dagger (case law did define a “stabbing” instrument). In 1993, the Legislature enacted AB 1266 (Martinez), which waseffective on January 1, 1994, that defined dirk or dagger as “a knife or other instrument with or without a handguard that is primarily designed, constructed, oraltered to be a stabbing instrument designed toinflict great bodily injury or death.” This “primarily designed” definition proved problematic for prosecutions and, as a result, the Legislature amended the statute again. In 1995, the Legislature enacted AB 1222 (Martinez), which became effective on January 1, 1996. The law now definesdirk or dagger as “a knife or other instrument with or without a handguard that is capable ofready use as a stabbing weapon that mayinflict great bodily injury or death.” In sponsoring AB 1222, the California District Attorneys Association sought to eliminate the “primarily designed” language which had givenrise to prosecutorial problemsand to substitute language aimedat preventing surprise knife attacks by prohibiting the carrying of concealed knives that are particularly suited for stabbing and that are readily accessible to the user. According to a policetraining video prepared by the Orange County District Attorney who drafted the “capable ofready use” language contained in the current statute, folding knives are not “dirks or daggers,” unless they are carried in an open and locked position. This is due to the fact that, when folded, they are not“capable ofready use” without a numberofintervening machinations which give the intended victim time to anticipate and/or prevent. an attack. Thus, the definition of“dirk or dagger” amended by my AB 1222last year was not intended to prohibit folding knives. I believe this is consistent with the intent ofthe Legislature. Buck Knives, based in El Cajon, California was founded in 1902 and is a fourth generation, family-owned and operated company. Buck Knives is one of the largest domestic manufacturers of sportscutlery. It does not manufacture knivesdesigned to be used as weapons. Thank you for your consideration. 00239 Doris Tate Crime Victims Bureau Jan Miler Chairman March 24, 1997 Susan Fisher Vice Chairman Kelly Rudiger Executive Director Board and Advisory Members TheHonorable Brett Granlund State Capitol, Room 4164 Sacramento, CA 95814 Jenniter Anderson . Steve Baker Cynthia Duarte Re: AB 78 - Support Maggie ENvey Dear Assemblyman Granlund: Dan Felizzatto Jatt Fraser On behalf of the Doris Tate Crime Victins Bureau, we would like convey our support for AB 78 regarding exemptionsfor transportation of firearms. Jan Lane Pleasefeel free to reference our support for the measure in any forum you Judy Luecke deem appropriate, Alexandria Matteucci . Sincerely, Evan Miller _ Pauta Myers Anne Poverello edislative Advocate Moris Tate Crime Victims Bureau Jackie Ravet Knezevich Mike Reynalds Valacie Richards cc: Assembly Public Safety Committee Anne Marie Schubert Minority Consultant Patti Tate ChristineWard Ray Wieser Marianne Wrede (partlal listing) 915 L Steet Sulte 1120, Sacramento, California 95814 * 1-800-7-VIGTIM (1-800-784-2846) * (916) 556-1237 « Fax (916) 556-1660 _ PO, Box 412, Carlsbad, Callfornia 92018 * Phone/Fax (519) ¢831-2028 00240 CARPENTER SNODGRASS & ASSOCIATES MEMORANDUM March 17, 1997 TO: Simon Haines, SenateCriminal Procedure Committee Garvey, Adsembly PublicSafetyCommittee; ‘Charlie Fennessey, Governor’s Office FROM: Chris Micheli on behalf ofBuck Knives and theSports Cutlery Coalition RE: Proposed Legislation on P.C. Section 12020 -- “Dirk or Dagger”Definition Asyou know, many knife manufacturers (including ourclient), customers and distributors have been quite concerned with the 1995 legislative amendments madeto California Penal Code Section 12020(c)(24): Based uponourdiscussions with CDAA, I have attempted in this memo to summarize the development ofthe “dirk or dagger” statute, explain‘our concerns with the current statute, and suggest amendmentsto the law for your consideration which we would like to enact this Session. Proposed changestothe statute are currently contained in AB 78 (Granlund). Background on Dirk/Dagger Statute California Penal Code Section 12020 concerns the unlawful manufacture, carrying or possession of certain weapons. The Legislature’s purpose in enacting Section 12020 was to condemn weapons commonto the criminal’s arsenal and to outlaw instrumentsthat are ordinarily used for unlawful purposes. People v. Wasley (1966) 245 Cal.App.2d 383; Bills v. Superior Court (1978) 86 Cal.App.3d 855; People v. Garrett (1987) 195 Cal.App.3d 795. Among other provisions, the statute prohibits any person from “carrying concealed upon his or her person any dirk or dagger.” Violation of the statute is punishable as a felony. Subdivision (c)(24) defines the term dirk or dagger. However, for several decades, the term “dirk - or dagger” wasnot definedinstatute. In 1967, the Supreme Court of California, for the first time, considered the term “dirk or dagger.” In People v. Forrest, the Court reasoned the Legislature understood the term “dirk or dagger” did not include all knives. The Court developed the “primarily designed for use as a stabbing weapon”test. Dirks and daggers were originally used in dueling and required blades locked into place to be effective because they were weaponsdesignedprimarily for stabbing. The Court in Forrest found that a pocket knife could not be a dirk or dagger. PO. BOX 17516 1121 - L STREET, SUITE 210 IRVINE, CALIFORNIA 92713 SACRAMENTO, CALIFORNIA 95814 714-863.0440 916-247.2251 FAX: IE-LQQRA f Memore: P.C. Sec, 12020 March 17, 1997 Page 2 Other courts followed the Forrest case language in interpreting this section of the Penal Code. The test of a dirk or dagger was whether the instrument was designed primarily for stabbing. Hence, an instrument is not a dirk or dagger where it was designed only for use as a cutting tool and not primarily for stabbing. Bills y. Superior Court (1978) 86 Cal.App.3d 855. Prior to 1993, the Penal Code did not specifically define dirk or dagger (case law did define a “stabbing” instrument). In 1993, the Legislature enacted AB 1266 (Martinez) (Stats. 1993, Ch. 357), which becameeffective on January 1, 1994, Thatbill defineddirk or dagger as “a knife or other instrument with or without a handguard that is primarily designed, constructed, or altered to be a stabbing instrument designed to inflict preat bodily injury or death.” This “primarily designed” definition proved problematic for prosecutors and, as a result, the Legislature amendedthe statute again. In 1995, the Legislature enacted AB 1222 (Martinez) (Stats. 1995, Ch. 128), which became effective on January 1, 1996. The law now defines dirk or dagger as “a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that mayinflict great bodily injury or death.” Once again, we believethat the intent ofthe Legislatureis to limit the types of instruments that fall under Penal Code Section 12020. “In view of the possible greater punishment for concealed possession of a dirk or dagger, it would not seem reasonable to conclude that the Legislature used those terms broadly. It should also be pointed out that the other instruments mentioned in Section 12020 are either items having no substantial innocent purpose (like a blackjack), an instrument ordinarily having an innocent purpose but constructed or altered for violent purposes (such as a sawed-off shotgun), or a highly dangerous item (an explosive substance). Thus, the Legislature did not include all knives within the terms dirk or dagger.” People v. Bain (1971) 5 Cal.3d 839. , In sponsoring AB 1222, the California District Attorneys Association soughtto eliminate the “primarily designed” language which had given rise to prosecutorial problems and to substitute language aimed at preventing surprise knife attacks by prohibiting the carrying of concealed knives that are suited for stabbing and that are readily accessible to the user. Unfortunately, we do not think this intent is reflected in the current statutory language. According to the Assembly Public Safety Committee’s analysis on AB 1222, “[t]he _ requirementin the bill that the dirk or dagger be capable of ready use as a stabbing weapon would seem to preclude a folding pocket knife from being included within this definition, consistent with settled case law.” 00242°' Memo re: P.C. Sec. 12020 March 17, 1997 Page 3 In addition, accordingto the police training video prepared by the Orange County District Attorney whodrafted the “capable ofready use” language containedin the current statute, folding knives are not “dirks or daggers,” unless they are carried in an open and locked position. This is due to the fact that, when folded, they are not “capable of ready use” without a number of intervening machinations which give the intended victim time to anticipate and/or prevent an attack. Similarly, a letter written by Larry Brown to Assemblyman Poochigian on May 18, 1995 asserted that folded pocket knives concealed on the person are not included within the revised definition of “dirk or dagger” under AB 1222. Hestated in his letter that“a knife which is folded would not be capable of ready use as a stabbing weapon, since it would require the affirmative act of unfolding the blade.” While this appears to be an appropriate and plausible interpretation of the “capable of ready use” language, once again, we are concerned that the statute could be interpreted differently and actually has been interpreted differently. CDAA hasindicated that the definition of“dirk or dagger” amended by AB 1222 was not intended to prohibit folding knives. While we believe this is consistent with the intent of the Legislature, the language in the statute is not clear on this point. That is the key reason that we would like to amend the statute so that this point and others are clear, rather thanbe subject to interpretation (perhaps the wrong interpretation) by a judge or jury in the future, let alone law enforcement. Concerns Are Justified There is some lack of concern expressed by those with whom we have spoken about the need for clarifying amendments to Section 12020. However, there is plenty of evidence that justifies our concerns with the lack of guidance in the statute. For example, a February 6, 1996 “Watch Briefing” issued by the Crescenta Valley Police Department states that “[t]his new definition would include any locking blade knife or fixed blade knife concealed on the person in a position whereit can be readily retrieved for use as a weapon.” -It goes on to specify that one particular knife is a perfect example of what the statute is intended to cover: “One excellent example, seen frequently oflate, is. the ‘SPYDERCO’locking blade knife. Yourfriendly Watch Commander would probably approve a 12020 P.C. booking of anyone carrying this knife concealed on the person.” Not only are these statements clearly contrary to the intent expressed by the sponsors ofAB 1222, but also they are of great concern to knife manufacturers, especially because the locking blade knife is one of the most popular products today. 00243 Memore: P.C. Sec, 12020 March17, 1997 Page 4 In addition, we would suggest a review of the transcript from the March 28, 1996 court trial in People v. Troy Michael Smith (No. 6NEO0086). The Deputy D.A. prosecuting the case argued that the new definition under AB 1222 requires that “two things are looked at: the situation that wefind the knife in and then the design ofthe weaponitself.” The Court stated that the knife in this case was “capable of ready use as a stabbing weapon” because“[i]t can be opened very quickly and with one hand.” The judgealso stated that “some indication that the user or possessor of the weaponintends to use it as a dirk or dagger” is also indicative ofa violation of § 12020. Neither the prosecutor nor the judge in this case argued the. intent expressed by the sponsors of AB 1222 in adopting the revised definition of dirk or dagger. Moreover, the statements were quite disconcerting for those who read the transcript as they were contrary to existing case law, as well as the literal reading ofthe statute. Finally, a quick survey by two knife companies last July found that they were aware of several instances in which their customers were charged under Section 12020 for carrying a folding, locking knife. While some of these charges were dismissed, other defendants werefined or pled guilty to a lesser charge. We are receiving more anecdotal evidence on a regular basis from persons statewide who have been arrested or charged for violating Sec. 12020 because they are carrying a one-handed knife. Obviously, there is confusion among law enforcement, prosecutors and the judiciary concerning the definition of “dirk or dagger.” Moreover, as you can see, these interpretations. do not follow the assurances given by CDAA that the statute was not intended to cover pocket knives or folding knives. This evidence demonstrates that our concernsarefully justified and that amendments are needed tothis statute. In our opinion, Section 12020(c)(24) is an overly broad statute which could lead to discriminatory enforcement. There are already sufficient penalties for the wrongful use or brandishment of a knife. Mere possession of a knife which has many legitimate uses is unnecessary. As a result, we would like to have clarifying language in the statute that specifically excludes certain knives from the dirk/daggerstatute. All folding knives should be excluded from the definition of “dirk or dagger.” Folding _knives that lock should also be excluded from the definition as the locking mechanism was designed as a safety feature and not for stabbing efficiency. In addition, locking knives are no more “capable ofready use” than a non-locking knife. We should not prevent law-abiding citizens from possessing knives which can be used for a variety of peaceful, utilitarian purposes, such as hunting, fishing, camping, hiking, picnicking, and numerous trades or occupations customarily requiring the use of a knife. The lack of certainty and the contrary interpretations as set forth above clearly demonstrate that appropriate amendmentsto the statute are necessary, 00244 Memore: P.C. Sec. 12020 March 17, 1997 Page 5 Suggested Language In light of the foregoing, representatives of Buck Knives and I discussed this matter with representatives of CDAA. Pursuant to those discussions, we proposed to CDAA the following amendmentsto California Penal Code Sections 12020 (c)(24) and (d): (c)(24) As used in this section, a “dirk” or “dagger” means a knife or other instrument. with or without a handguard that is capable ofready use as a stabbing weapon that mayinflict great bodily injury or death. A non-locking folding knife or a pocket knife is not “capable of ready use” within the meaning of this section. A folding knife with a locking blade is not “capable of ready use” within the meaning of this section unless it is carried in an open and lockedposition. . This provision is consistent with Orange County Deputy D.A. Rutledge’s interpretation of the legislative intent behindthis statute (as expressed on his police training video). This provision is also consistent with the languagethat the knife must be “capable of ready use.” (¢}(25) “Concealed upon his or her person” shall not include anyfolding knife or pocket knife that is carried by abelt clip or in a backpack, tool belt, tool box, tackle box, briefcase, suitcase, purse, or other similar container used to carry or transportpossessions. (d) Knives carried in sheaths which are worn epenly suspended from the waist of the wearerare not concealed uponhis or herperson within the meaningofthis section. A fixed blade knife worn in a sheath which is covered byouterwear, such as during cold or inclement weather, should fall under this section as well. Once again, these provisions are consistent with Deputy D.A. Rutledge’s interpretation of the legislative intent behind this statute (as expressed onhis police training video). Moreover, as he specifies in an August 23, 1994letter to Assemblywoman Martinez, “[nJor does the section prohibit carrying knives openly, in belt sheaths (thereby accommodating the hunter and fisher).” I should point out that CDAAexpressed opposition to our proposed amendments set forth above. Nonetheless, CDAA has agreed that it would be appropriate to discuss these concerns and any proposed amendments to Section 12020. In the meantime, CDAA committed to do the following three things: 1, A letter to the Assembly Daily Journal was placed on August 31, 1996 by Assembly Member Diane Martinez indicating legislative intent in enacting AB 1222. Theletter is attached for your reference. 00245 Memo re: P.C. Sec. 12020 March 17, 1997 Page 6 . 2. Devallis Rutledge wrote an article for Knives Illustrated magazine, a copy of whichis attached for your information. 3. CDAA ran an article in its monthly magazine and reprinted the Martinez letter. A copyofthe article is attached. Thank you for your prompt attention to this matter. I look forward to discussing this important issue at yourearliest convenience. cc: Irwin Nowick Steve Boreman, Dept. ofJustice Ash Givargis, Assemblyman Granlund C.J. Buck& Lisa Sanderson, Buck Knives 00246 Officers President Ronajd D. Jareell Sheri] Lassen County ist Vice President Charles Byrd Slekieou County did Vice President Glenn Seymour Sheriff ymt Madera County Secretary Charles C, Plummer Sheriff Alameda County Treasurer Steve Magarian Fresne County Sergeant-at-Armis Les Weidman Sheri Stanislaus County Directors Warren Rupf Sheriff Contra Costa County Don McDonald Sheri El Dorado County Sherman Block Past President Sheri Los Pracles County ‘Tom Sawyer Sheriff wy Merced County Brad Gates Past President Sheri Orange County Bill Kolendec Sher:yf San Diego County im Thomas lint Santa Barbare-County fimFopeFast President Shenif Shasta County Gary ThTindel Sheriff Yuba County. kunt Executive Director Sue Muncy California State Sheriffs’ Association Organization Founded bythe Sheriffs in 1894 February 10. 1997 The Honorable Brett Granlund Assembly Member, 65th District State Capitol Building Sacramento, CA 95814 Dear Assembly MemberGranlund: Please be advised that the California State Sheriffs’ Association (CSSA)is opposed to AB 78 as presently drafted. On page 171,line 14 of thebill, the new language exempts a folding knife from being considered a “dirk” or dagger only when the blade is exposed and locked in position. We believe that this definition could'be interpreted to include “switchblade” knives, "fan” knives, etc. We suggest that the words, “otherwise legal” be inserted after the work “knife” on line 14. Also, on page 19,line 4 after the word, “person” we would fike the words “legally eligible to possess a firearm” added, and online 8, after the word, “person” add the words,“legally eligible to possess a firearm.” | Thank you for your consideration regarding CSSA’s position on AB 143. Should you have any questions or wish to discuss the bill, please don't hesitate to contact me. Sincerely, BadSop Alva S. Cooper | . Legislative Advocate ASC/cmc 2125 - 19th Street, Suite 103 * P.O. Box 160168 * Sacramento, California 95816-0168 13020797doc Telephone 916/448-4242 * Fax 916/448-2137 Fax : Feb 18 05:52 BM. Chapman Proaidant CaliforniaRifle andPistol Association, Inc. “thes Robart A. Fruzhen 1427 11th Street » Suite 610 © Sacramento, California 95814 Gocrye¥.Bar 16) 447-C AAPA «© FAX (916) 446-3531 TheeCALIFORNIA (9 6) 47-C,F,P,A, (9 ) ewea Ereculive DtrecierWalateLu | ESTABLISHED 1929 , . Manegerets,HeUphen January 31, 1997 The Honorable Brett Granlund California State Assembly P.O. Box: 942849 Sacramento, CA 94249 . Dear Assemblymember Granlunds RE: AB7 Firearms: Transporting exemption _ Position: Supportas introduced December 18, 1996 | This is to notify you of the support of the California Rifle and Pistol Association for legislation introduced by you, AB 78, that would provide for the lawful transportation of firearms “found" by a person to.a law enforcement agency; that allows anyone convicted of an offense subject to the 10-year prohibition on the possession of a firearmprior to thatoffensebeing added to the 10-year prohibitionlist to applyto the. courts for relief; and whichseeks to clarify the provisions relating to the prohibition against the possession of a dirk or dagger concealed upon the person. Sincerely, rald EH. Upholt Manager ofGovernment Affairs cc: Assembly Public Safety Committee sironmmenaned ORS Au Organization ofSporismen Dedicatedto the Preservation ofOur American Heritage 00248 = Sept. 1, 1996 ASSEMBLY JOURNAL 9163 REQUEST FOR UNANIMOUS CONSENTTO PRINT IN JOURNAL Assembly Member Martinez was granted unanimousconsentthat the following statementoflegislative intent be printedin the Journal. Legislative Intent—Assembly Bill No. 1222 August 30, 1996 E. DOTSON WILSON Chief Clerk of the Assembly State Capitol, Room 3196 Sacramento, California Dear Mr, Wilson: This letter is meant to express my intent in authoring AB 1222 in 1995, as well as the intent of the sponsors of my legislation, the California District Attorneys Association. Amongother provisions, the statute prohibits any person from carrying, concealed upon his or her person, any dirk or dagger.. Subdivision (c) (24) defines the term dirk or dagger. For several decades, the term “dirk or dagger” was not defined in statute. Prior to 1993, the Penal Code did not specifically define dirk or dagger (case law did define a “stabbing” instrument). In 1993, the Legislature enacted AB 1266 (Martine?). which was effective on January 1, 1994, that defined dirk or dagger as “a knife or other instrument with or without a hand guardthat is primarily designed, constructed,or altered to be a stabbing instrumentdesignedto inflict great bodily injury or death.” This “primarily designed” definition proved problematic for prosecutions and, as a result, the Legislature amended the statute again. In 1995, the Legislature enacted AB 1222 (Martinez), which became effective on January 1, 1996. The law now defines dirk or dagger as “a knife or other instrument with or without a hand guard that is capable of ready use as‘’a stabbing weapon that mayinflict great bodily injury or death.” In sponsoring AB 1222, the California District Attorneys Association sought to eliminate the “primarily designed” language which had given rise to prosecutorial problems and to substitute language aimed at preventing surprise knife attacks by prohibiting the carrying of concealed knives that are particularly suited for stabbing and that are readily accessible to the user. According to a police training video prepared by the Orange County District Attorney who drafted the “capable of ready use” language contained in the current statute, folding knives are not “dirk or daggers,” unless they are carried in an open and locked position. This is due to the fact that, when folded, they are not “capable of ready use” without a number of intervening machinationsthat give the intendedvictim timeto anticipate and/or prevent an attack. Thus, the definition of “dirk or dagger” amended by my AB 1222 last year was not intendedto prohibitfolding knives.I believe thisis consistent with the intent of the Legislature. Warmest regards, DIANE MARTINEZ, Assembly Member Forty-ninth District 00249 The documents followingthis page were photocopiedfrom the files of the Senate Committee on ~ Public Safety. 00250 SENATE COMMITTEE ON PUBLIC SAFETY Senator John Vasconcellos, Chair 1997-98 Regular Session P S a e ~ ] AB 78 (Granlund) As amended May 29, 1997 Hearing date: June 10, 1997 Penal Code and Uncodified Law SH:jm THE DANGEROUS WEAPONS’ CONTROL LAW- . A VARIETY OF PROPOSED CHANGES HISTORY Source: Author Prior Legislation: See text/Comments for relevant references Support: California Union of Safety Employees; Buck Knives; California Attorneys for Criminal Justice : Opposition: None known Assembly Floor Vote: Ayes 76-Noes 0. KEYISSUES SHOULD A VARIETY OF CHANGES BE MADE TO THE DANGEROUS WEAPONS' CONTROL LAW,INCLUDING THE FOLLOWING: (1) UNDER EXISTING LAW, ANY PERSON WHO IS SUBJECT TO THE PROHIBITION ON POSSESSING A FIREARM BECAUSE OF SPECIFIED MISDEMEANOR CONVICTIONS PRIOR TO JANUARY1, 1991, MAY PETITION THE COURT ONLY ONCE FOR RELIEF FROM THE PROHIBITION. (CONTINUED) (More) 00251 AB 78 (Granlund) Page 2 SHOULD THE LAW BE CHANGED TO DELETE THE SPECIFIC REFERENCE TO “JANUARY 1, 1991” AND INSTEAD APPLY “PRIOR TO THE OFFENSE BEING ADDED TO” THE SPECIFIED OFFENSES THAT ARE SUBJECT TO THE PROHIBITION? (2) EXISTING LAW PROVIDES THAT ANY PERSON WHO, AS A RESULT OF MENTAL DISORDER, IS A DANGER TO OTHERS, OR TO HIMSELF OR HERSELF, OR GRAVELY DISABLED, AND IS TAKEN INTO CUSTODY IN AN EVALUATION FACILITY FOR 72-HOUR TREATMENT AND EVALUATION,IS PROHIBITED FROM OWNING, POSSESSING, CONTROLLING, RECEIVING, OR PURCHASING ANY FIREARM FOR A PERIOD OF FIVE YEARS AFTER RELEASE FROM THE FACILITY. |SHOULD THAT PROHIBITION APPLICABLE TO A PERSON WHOIS. DETAINED FOR: TREATMENT AND EVALUATION FOR A PERIOD NOT TO EXCEED 72 HOURS (AND NOT OTHERWISE CERTIFIED FOR TREATMENT) BE DELETED? SHOULD UNCODIFIED LANGUAGE BE ENACTED TOSTATE LEGISLATIVE INTENT THAT THIS CHANGE IS BEING MADE IN ORDER TO COMPLY WITH THE DECISION OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTOIN DAYACAMOSV, DEPARTMENT OF JUSTICE, CASE NO. 96 CS 014717 SHOULD NUMEROUS OTHER AMENDMENTS BE MADE TO THE DANGEROUS WEAPONS' CONTROL LAW,AS SPECIFIED? PURPOSE (1) Existing law providesthatit is illegal to carry a concealed “dirk or dagger” upon one's person. (Penal Code Section 12020(a)) This bill excludes from the definition of “dirk or dagger”a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or more inchesin length, or a pocketknife capable of ready use as a stabbing weapon that mayinflict great bodily injury or death only if the blade of the knife is exposed and lockedinto position. (2) Existing law providesthatit is illegal to carry a concealed handgun on one's person or ina vehicle. (Penal Code Section 12025) There are numerous exemptionsfrom this prohibition. (Penal Code Sections 12026, 12026.1, 12026.2, and 12027) (More) 00252 AB 78 (Granlund) Page 3 This bill adds additional exemptions for persons whofind the firearm in order to return it to an owneror to a law enforcement agencyfordisposal, in accordance with the law (unloaded, locked container, direct travel route to destination). (3) Existing law prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons andfirearms. (Penal Code Section 12020) This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm whois transporting that firearm to a law enforcement agency for disposal. _ This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition bya forensic laboratory or any authorized agent or employee thereof in the course and scopeofhis or her authorized activities. (4) Existing law prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. (Penal Code Sections 12320to 12323) This bill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that person is transporting it to a law enforcement agencyfor disposal accordingto law. (5) Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. (Penal Code Sections 12021 and 12021.1, and Welfare and Institutions Code Sections 8100 and 8103) This bill creates an exemption from that prohibition for those persons by makingit ‘Sustifiable” for them to possess firearmstheyfind or take from persons committing a crime againstthem,andif they follow specified proceduresto deliver them to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance ofthe evidence thatthey are subject to this new exemption. (6) Existing law provides that any person whois subject to the prohibition on owning, possessing,or having a firearm underhis or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 maypetition the court only once for relief from the prohibition, (Penal Code Section 12021) This bill deletes that reference to “January 1, 1991” and changesit to “that offense being added to”the list of offenses which triggers the prohibition. (More) 00253 AB 78 (Granlund) Page 4 — (7) Existing law allows the DepartmentofJustice to assign a distinguishing numberor mark to a “pistol or revolver” which is without such a mark. (Penal Code Section 12092) This bill changes that provision to allow the DOJ to assign a numberto any “firearm.” (8) Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or otherfirearm with changed,altered,or obliterated identification marks. (Penal Code Section 12094) This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. (9) Existing Jaw prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. (Penal Code Section 12316) This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him or her andif they follow specified procedures to deliver it to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderanceofthe evidence that they are subject to this new exemption. (10) Existing law provides that every person whois held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) and is forbidden from possessing a firearm forfive years (but can petition for right to do so with test of preponderanceof the evidence that personis likely to use firearm in safe way). That same requirement exists for persons subsequently adjudicated as mentally disordered and committed to a mental health ’ facility, whether first subject to WIC 5150 or not. (Welfare and Institutions Code Section 8103) Thisb ll deletes that restriction for persons held only under WIC 5150 (and not otherwise certified for additional intensivetreatment. This bill contains uncodified language that:- “Tt is the intent of the Legislature, in enacting the amendments to Section 12076 of the Penal Code and Section 8103 of theWelfare and Institutions Code madebythis act, to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Departmentof Justice, Case No. 96 CS 01471.” (More) 00254 AB 78 (Granlund) Page 5 This bill makes related changes to the Dangerous Weapons’ Control Law. The purposeofthis bill is to makeall of the changes specified to the existing law.’ COMMENTS 1. Need for This Bill. According to the author: “AB 78 addresses certain ‘odds and ends’ weaponsissues that have cometo light by virtue of the lost and found property issue and twoissues raised by constituents of mine. “Thefirst issue relates to the transportation and possession of weaponsthat individuals discover and attemptto turn overto local law enforcement agencies. This issue was raised in connection with the recovery of lost property. “Also, Justice Art McKinster, whois a Justice of the Court of Appeal in San Bernardino, noted in In re Evans (1996) 49 Cal.App.4th 1263,that the relieffrom disabilities provisions in Penal Code Section 12021(c)(3), as drafted, violated the ‘equal protection clauses’ of the state and federal constitutions. “To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone whowas convicted of an offense subject to the ten year prohibition prior to the offense being addedto the list of offenses for which the ten year prohibition applied, to apply once forrelief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion.” The authorhas also now amendedthisbill at the request of the Attorney General to comply with the order of Sacramento County Superior Court Judge Bondto cease restricting persons held for 72-hour observation, pursuant to Welfare and Institutions Code Section 5150, from possessing firearms for five years, unless those persons are subsequently certified for intensive treatment. That changeis reflected in this bill and uncodified language is includedto indicate that the amendments are being made “to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento inDayacamosv. Departmentof Justice, Case No. 96 CS 01471.” That decision was made February 7, 1997, and the order was stayed until January 1, 1998, in order to allow the Departmentof Justice to comply. (More) 00255 . AB 78 (Granlund) Page 6 2. Relief from the Prohibition on Possessing a Firearm after Specified Misdemeanor Offenses. In In re Evans (1996) 49 Cal.App.4th 1263, the Court of Appeals (Fourth Appellate District) held that the “relief from disabilities provisions”in Penal Code Section 12021(c)(3) as drafted violated the “Equal Protection Clauses” of the State and Federal Constitutions. Evans involved a defendant who was convicted of possessing a gun after -he had been convicted of spousal abuse. His conviction of spousal abuse occurred after January 1, 1991, but prior to the offense of spousal abuse barring gun possession for ten years. That occurred in 1993. Evans challenged his gun conviction that, had he been convicted of spousal abusepriorto 1991, he could have claimedrelief. In agreeing with his claim, the Court of Appeal noted that the January 1, 1991 date wasirrational as to persons, where the offense barring possession was addedto the list after January 1, 1991. There are approximately twenty-five offenses added to the ten-year prohibition after January 1, 1991. To save the statute from invalidity, the Court of Appeal rewrote the statute to allow anyone who was convicted of an offense subject to the ten-year prohibition prior to the offense being addedto thelist of offenses for which the ten-year prohibition applied, to apply oncefor relief from the disability imposed by the prohibition. , This bill conforms the language in Penal Code Section 12021(c)(3) to the court's decision. 3, The Deletion of WIC Section 5150 72-Hour Holds from the Prohibitions on Firearms Possession. Under current law, every person whois held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) and is forbidden from possessing a firearm for five years (but can petition for right to do so with test of preponderance of the evidence that person is likely to use firearm in safe way). That same requirementexists for persons subsequently adjudicated as mentally disordered and committed to a mental health facility, whetherfirst subject to WIC 5150 ornot. Sacramento Superior Court Judge Bond has now heldthat it is unconstitutional to deprive a “5150”of the right to possess a firearm without any further court hearing or determination (due processright to counsel, hearing, etc.). Dayacamos vy. Department of Justice, Case No. 96 CS 01471, February 7, 1997, Judge Bondstayed the effective date of the decision until January 1, 1998, in order to allow the Department of Justice to make the necessary changes in its process and to notify the parties who would otherwise be required to submit information to the department. (More) 00256 AB 78 (Granlund) Page 7 The Departmentof Justice is not going to appeal the decision and now wants to deal with the statutory changes needed to delete the prohibition on “5150's” from possessing firearms. DOJ and the Department of Mental Health estimate that approximately 40% of. existing 413,000 “5150's” in the system will have beenheld beyond 72-hours with a requisite court hearing, so those individuals arestill subject to firearms possession prohibitions. That means 60% of those personswill be deleted and nolonger subject to suchrestrictions (presumably the same ratio will exist for future personsfirst held pursuant to WIC “5150”). AB 78 now has amendments which delete the WIC “5150”prohibition. The alternative — would be to require afull blown court proceeding forall “5150's,” however, the whole point of the 72-hour hold is to decide whether to go forward to seek further commitment. How would a hearingtake place for those persons not certified for intensive treatment,> for purposes only of the imposition of firearms possession? AB 78 also now contains the following uncodified language to make clear that the change is being made to comply with the court decision: SEC. 11. It is the intentof the Legislature, in enacting the amendments to Section 12076 of the Penal Code and Section 8103 of the Welfare and Institutions Code made by this act, to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v, Department of Justice, Case No. 96 CS 01471. 4. Additional Information Provided by Staff Working on This Bill Thestaff person workingon this bill provides the following information pertaining to some of the numerous other changes madeby this bill: (1) Under current California law, there are no statutory “safe harbor” exemptions for persons who mayor may notbe in prohibited classes who discover weapons or devices and endeavorto turn them overto law enforcement agencies. This issue has been discussed by the Court of Appeals in People v. Hurtado (1996) 47 Cal.App.4th. 805, and People v. Pepper (1996) 41 Cal.App.4th 1029, in the context of prohibited persons,i.c., persons who cannotlegally possess anyfirearm. One coutt felt the exemption existed, but held that the defendant could not claim it. The other court disallowed the exemption period. Thisbill creates distinct safe harbor exemptionsfor persons who are not, per se, legally prohibited from possessing weaponsandfor those persons prohibited from (More) 00257 AB 78 (Granlund) ‘Page 8 possessing weapons. The authorbelieves that these exemptions should be placed ona statutory basis. As to non-prohibited persons, they may legally transport conventional firearms and certain contraband to law enforcement agencies provided certain conditions are met. The Civil Code contains specific provisions on the responsibilities of finders of lost property. There is no Penal Code concealed carry exemption for the safe transport of lost handgunsto a law enforcement agency. This bill amends the locked container exemption section to add two specific exemptionsto allow the transportation of a firearm by a person whofindsthe firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Codeasit pertains to that firearmand the transportationof a firearm by a person whofinds the firearm andis transporting it to a law enforcementagencyfordisposition according to law. Since this bill adds to a laundry list of exemptions, as is the case with the other exemptions, in order for a firearm to be exempted while being transported to or from a place, the firearm shall be unloaded, kept in a locked container andthe course of travel Shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. Penal Code Section 12020 bans the manufacture, distribution, importation and possession of mostillegal firearms and certain forms of ammunition. AB 78 would allow possession incidentto transport of all Section 12020 items other than a short- barreled rifle or short-barreled shotgun found and possessed by a person whois not generally prohibited from possessing firearms or ammunition and is transporting the listed item to a law enforcement agencyfor disposition according to law. Underthis bill, a person who found armor piercing ammunition may possess it incident to transportingit to a law enforcement agency for disposition according to law if he or sheis not in a prohibited class of person generally prohibited from possessing firearms or ammunition. , Asis the case in-various weaponsstatutes, the defendant has the burden that he or she falls under the exemption. (2) As noted above, case law suggests that felons and other prohibited persons who take possession gunsout of necessity and turn them into a law enforcement agency may possess the sameincident to transportation thereto. This bill makesjustifiable a violation of Penal Code Section 12021 (but not other statutes)--a possession charge--if the specified conditions are met. 00258 AB 78 (Granlund) Page 9 (3) Whenis a knife a dirk or a dagger? See AB 1222 (Martinez), Chapter 128, Statutes of 1995. Last year, Assemblymember Martinez wrotea letter in the Assembly Journal clarifying the meaning of AB 1222, which revised the definition of “dirk or dagger.” The prior definition was created by AB 1266 (Martinez), Chapter 357, Statutes of 1993. Both bills were designed to create a statutory definition rather than having conflicting case law. Theletter in the Journal indicates thata folding knife is “a dirk or dagger,” for purposes of Penal Code Section 12020,only if the blade of such knife is exposed and lockedinto position. Thisbill attempts to codify the letter in the Journal without touching switchblade knife regulation or otherwise doing major damageto the law. The authoris doing this at the request of Buck Knives. (4) Under a numberof codesections, lab personnel have a clear exemption to allow ‘them to possess contrabandincidentto their official duties. Penal Code Section 12020 does not have such a clear exemption. AB 78 explicitly allows possession of any weapon, device, or ammunition banned by Section 12020 by a forensic laboratory or any authorized agent or employee thereof in the course and scopeofhis or her authorized activities. . (5) At the request of Legislative Counsel, the bill makes cosmetic code maintenance changes to the machine-gun exemption statute. 5. Suggested Amendment In order to prevent possible confusion, committee staff recommends deleting the language on page 7, lines 36-38,of this bill pertaining to “dirks and daggers.” Staff and interested parties appear to have agreed to that amendment. SHOULD THIS AMENDMENT BE MADE? Se ok ok SREEdOoR cok ~ 00259 ¢ COMMITTEE.ONPUBLIC SAPETY | joule Senator Johy asconcellS Chair 1997-98 Regular Session\, Dbsnren . 9 AB 991 (Shelley) atroly As amended June 3, 1987 > , Hearing date: June 24,\1997 ed te MePhelan. Penal Code and Food and Agricultural Code SH:js_ . To REGISTERING HANDGUNS BROUGHTINTO THIS STATE WITH DEPARTMENT OF JUSTICE , HISTORY ' Source: Author Prior Legislation: AB 501 (1993-94) - provisions amended outin the Senate Support: Handgun Control; California Medical Association; Los Ange és County District Attorney; Trauma Foundation; Legal Compaunity Against Violence whe cape Opposition: None known {noletters received by Commiffee) Assembly Floor Vote: Ayes 41 -Noes 33 NOTE: THIS ANALYSIS REFLECTS AUTHOR'S AMENDMENTSTOBE OFFERED IN COMMITTEE (SEE COMMENT 5) KEY ISSUES SHOULD A PERSON MOVING INTO CALIFORNIA WITH A HANDGUN ACQUIRED OUTSIDE OF CALIFORNIA BE REQUIRED TO REGISTER THE| HANDGUN WITH THE DEPARTMENT OF JUSTICE, AS SPECIFIED, WITH VIOLATIONS PUNISHABLE AS A MISDEMEANOR? , ; (CONTINUED) . (More) 00260 AB 991 (Shelley) Page 2 SHOULD CALIFORNIA RESIDENTS WHO ARE FEDERALLY LICENSED CURIO AND RELIC FIREARMS COLLECTORS WHO LAWFULLY ACQUIRE A CURIO OR RELIC HANDGUN OUTSIDE THIS STATE BE REQUIRED TO REPORT THE ACQUISITION OF THAT FIREARM TO DOJ, AS SPECIFIED, WITH VIOLATIONS PUNISHABLE AS A MISDEMEANOR? . SHOULD THE DEPARTMENT OF JUSTICE BE: REQUIRED TO CONDUCT A PUBLIC EDUCATION AND NOTIFICATION PROGRAM REGARDING THE {REQUIREMENT FOR NEW RESIDENTS TO REGISTER HANDGUNS IN ORDER _|TO ENSURE A HIGH DEGREE OF PUBLICITY ABOUT THAT REQUIREMENT? SHOULD THE DEPARTMENT OF FOOD AND AGRICULTURE BE REQUIREDTO POST NOTICES ABOUT LAWS PERTAINING TOBRINGING FIREARMS INTO | THIS STATE AT BORDERINSPECTION STATIONS? SHOULD RELATED CHANGES BE MADE? PURPOSE Existing law generally requires that the sale, loan or transfer of a firearm in California must be conducted through state-licensed firearms dealer or througha local sheriff's departmentin counties of less than 200,000 population. A 10-day waiting period, ‘ background check, and handgunsafety certificate for handguntransfers are required prior to delivery of the firearm. (Penal Code Sections 1203.el13}, 11106, and 12072{c] and [d] and 12084) This bill does the following: e adds anewdefinition to law for a "personal handgun importer" as a person whois not otherwise "licensed" regarding sale of firearms; who owns a handgun; who acquired that handgunoutside of California; and who movesinto and becomesa residentof this state after January 1, 1998. e requires a “personal handgun importer" to, within 30 days of bringing a handguninto this state, to either forward information about the person and handgunto the DepartmentofJustice;sell or transfer the firearm pursuant to law to another party (througha dealer) or toa dealer; orsell or transfer the handgunto a sheriff or police department;all as specified. (Violations would be punishable as a misdemeanor, a one year statute of limitations applies pursuant to Penal Code Section 802.) (More) AB 991 (Shelley) Page 3 provides that if a "personal handgun importer" attempts to transfer a handgun to _ another person througha licensed dealer but the transfer cannot be completed, then ‘that attemptshall comply with the registration requirements added bythis bill. requires the DepartmentofJustice, working with the DMV,to notify persons ofthe requirements pertaining to.a "personal handgun importer". e ‘requires California residents who are federally licensed curio and relic firearms collectors who lawfully acquire a curio orrelic handgun outside this state to report the acquisition of that firearm to the DOJ within five days of transporting the firearm into ‘this state. (Violations would be punishable as a misdemeanor;a one year statute of ’ limitations applies pursuant to Penal Code Section 802.) states legislative intent that the new requirements pertaining to "personal handgun importers” and curio andrelics collectors shall not constitute a “continuing offense" and the statute of limitations for commencing a prosecution for a violation commences on the date that the applicable grace period expires. . / This bill makesrelated changes. The purpose ofthis bill isto require persons movinginto this state with a handgunto - register those handgunswithin 30 days, as specified, and to makerelated changes. COMMENTS 1. Needfor This Bill According to the author's staff: “Since January 1,1991, all changesoftitle on a handgun haveto be registered with the Departmentof Justice (DOJ). Therefore, when our constituents acquire . handgunsin-state, the handguns haveto be registered in their names. This occurs as part of the waiting period process. On the other hand, when persons move to California with handguns,they are not subject to a registration process. This bill makes these new California residents subject to the registration requirements. In addition, this bill also addresses a 1996 federal law change whichresultedin a loss of the ability of the State to invoke registration procedures on licensed collectors who acquire curios and relics outside California. AB 991 also requires .a collector whose licensed premises are within this state, who acquires a handgun curio or relic outside-of this state; and then transports that firearm into this state, within five days of transporting the gun to register the acquisition to DOJ." (More) 00262 AB 991 (Shelley) Page 4 2. Background on This Bill Currently, all sales, purchases, transfers and loansoffirearms — including handguns~ are to be conducted througha state licensed firearms dealer, subject to handgunregistration and other controls.. State law currently does not require people moving into California -with handgunsto register the guns with DOJ. Penal Code Section 12078 (1) allows anyone to register handguns with DOJ and many persons haveelected to do so. There have been numerous efforts to regulate this process, to provide parity between people who acquireguns in California, and people who moveto California with their guns. In the 1993-1994 Legislative Session, AB 501(Alpert) passed the Assembly andthe Senate Policy Committee. That bill was later gutted for other purposes. The Assembly Public Safety Committee analysis at that time contained a detailed discussion of this issue, which dates back to the mid-1960's. AB 501 attempted to equalize the treatment between gun owners who purchase firearms _ in California and gun owners who import weapons they previously owned in another state. Under AB 501, the return of the gun was subject to wait/registration/DROS process. AB 501 hadnotice andother provisions as well. Backgroundinformation provided Committee staff indicates that some otherstates currently regulate the importation of handgunsby new residents. New Jersey. requires that handguns mustbe shippedto a state licensed dealer in order to enter the state, with - -” subsequent redelivery to eligible owners. Oregon, which has a waiting period and background check for handguntransfers, similarly requires importation through a dealer. Hawaii requires that when a person imports a firearms into thestate, he or she must ' register it within 72 hours. Michigan requires people importing firearms to obtain a permit, ‘and to register the weapon througha "pistol inspection." The Federal Gun Control Act of 1968 prohibits the mailing of handguns weaponsto non- law enforcement personnel, and the transference (orreceipt) of a firearm from another state without prior shipment to a licensed dealer. However, those who possess firearms may move them to anotherstate. Finally, SB 1374 (Chapter 924, Statutes of 1996) required the Attorney General, subject to the availability of funds, to study and report back to the Legislature about the effects of federal and state law on changesin residency and the movementoffirearmsas well as the impactof.bothon persons whoare residents of more thanone state in a year. That report was due by June 1, 1997, (More) 00263 AB 991 (Shelley) Page 5 3. The Notice Issue for New Residents This bill requires the Departmentof Justice, working with the DMV,to publicize the new requirements for "personal handgun importers" imposed bythis bill. The Department of Food and Agriculture would also be required to post notices at borderstations. This bil! further provides for Dealer Record of Sale (DROS)fees to be used for those public. awarenessefforts. Staff working on this bill provides the following general information pertaining to any questions about adequate notice being provided any person whois a "personal handgun - _ importer": Galvan v. Superior Court, (1969) 70 Cal.2d 851, involved a San Francisco ordinance that required persons whoresided in San Francisco or movedinto that city and county to register their handguns. The graceperiod for new residents was 7 days. , - Two of Galvan's claims are directly related to this bill. First, the Supreme Court rejected the notion that there had to be a notice componentas part of due process, Secondly, the Supreme Court rejected the contention by Galvan that the ordinance violated the Fifth Amendmentand the California Constitution. The defendant argued that persons such as felons, narcotics addicts, and the like did not have to:comply with the ordinance because they were prohibited by Penal _ _Code section 12021 from possessing handguns. Registering their guns would expose them to a Section 12021 prosecution. In rejecting the self-incrimination claim, the California Supreme Court made two points. First, Mr. Galvan did not have a Section 12021 defense as he did not assert he was in a prohibited class. Therefore, his claim ofprivilege — whichis personal to the holder — did notlie. Secondly, the Galvan court noted that in two other cases the United States Supreme Court madeclear that generalized reporting schemes aimedat conventionalfirearms or other lawful items involving the public. at large required a specific claim ofprivilege before the Fifth Amendmentclaim could beraised. 4. Collector Issue in This Bill According to the Assembly Committee on Public Safety analysis of this bill, last year’s AB 113 (W. Murray) — Chapter 668,Statutes of 1996 - provided an exemption from the waiting period for the delivery, sale or transfer by a licensed firearms dealer of a curio or (More) 00264 AB 991 (Shelley) Page 6 relic handgun to a licensedcollector with a current DOJ Certificate of Eligibility (COE). A COEisa fingerprint-based background check issued annually. The transaction must still be registered with the DOJ on Dealer Registry Of Sale formsasis the case with other weapons. Fees may be charged. In October of 1996, the Federal Government enacted a law which allowsthe actual ' delivery of curio andrelic firearmsto a federal firearmslicensee outside the state where his/her licensed premises are located. Prior to the 1996 change,the delivery had to occur at the person's licensed premises. The federal law resuited in the ability to engage in behavior outside of California which resulted in a loss ofstate jurisdiction. AB 991 mandatesthatif a licensed collector whose licensed premises are within California acquires a handgun curioorrelic outside ofthis state, the collector must, within five days after transporting the gun into California, register the acquisition with DOJ. 5. Author's Amendments To Be Offered in Committee The author's amendments do the following to the June 3, 1997, version ofthis bill: (a} delete Section 4 ofthe bill, the proposed change to Penal Code Section 12021 pertaining to those person prohibited from possessing firearmsfor a specified time . period. (b) revise the requirementthat theDOJ conduct a public education and notification program about new residents registering handguns, beginning on page 22, line 17, to read: (D)(i) On and after January 1, 1998, the department shall conducta public education and notification program regarding this paragraph to ensure a high degree of publicity of the provisions of this paragraph. (ii) As part ofthis public education andnotification program, described in this subparagraph, the department shall doall of thefollowing: (D Work in conjunction with the DepartmentofMotor Vehicles to ensure that any person whoIs subject to thisparagraphiis advised ofthe provisions ofthis _|paragraph, andis provided with blank copies ofthe report described in clause (i) ofsubparagraph (A), at the time thatperson appliesfor a California driver's license orregisters his or her motor vehicle in accordance with the Vehicle Code. (II) Make the reports referred toin clause(i) ofsubparagraph (A) available to. dealers licensedpursuant to Section 12071. (111) Make the reports referred to in clause i) ofsubparagraph(A) available to law enforcement agencies. (More) 00265 AB 991 (Shelley) . Page 7 (IV) Makepersons subject to the provisions ofthis pdragraph awareofthefact that reports referred to in clause(i) ofsubparagraph (A) may be completed at either the licensedpremises ofdealers licensedpursuant to Section 12071 or at law enforcement agencies andit is advisableto do so for the sake ofaccuracy and completenessofthe reports at either the premises ofdealers licensed pursuantto Section 12071 or at the premises oflaw enforcement agencies. (i) Any costs incurred by the department to implementthis paragraphshall be absorbed by the department within its existing.budget and the fees in the Dealers’ Record of Sale Special Account allocated for implementation of this subparagraph pursuant to Section 12076. (c) delete all the references added in Penal Code Section 12076 tothe "sum notto exceed" limits for the Department of Agriculture and the Departmentof Justice and delete all references in Section 12076 to "bythe act which added” concerning the Welfare and Institutions Code Sections 8103, 8104, and 8105 requirements.- (d) restore the existing misdemeanorpenalty for furnishing incorrectinformation | or a fictitious-name to a licensed firearms dealer. — © aoe aie of oe oi oe oeoo oR fea de ak 00266 SENATE FLOOR AMENDMENTS COMMITTEE ANALYSIS Bill No: AB 78 Author: Granlund RN: 9717383 Set: 1 Submitted by: Peace SUBJECT OF BILL: The Dangerous Weapons' Control Law Subject of Amendments: Same Amendments are: Technical / Substantive / Re-write Bill / New Bill Were these amendments discussed in committee? No If yes, were theydefeated? N/A — Likely oppositionto amendments? No If yes, from whom? N/A Purpose of Amendments: To insert a requirement that law enforcement be notified prior to a person taking a firearm or other device to the law enforcement agency for disposition. ANALYSIS: Thisbill inserts into several sections of existing law provisions to allow persons tolawfully transport firearms or other destructive devices to a law enforcement agency for disposition according to law. . These amendments further require that in each of thosesituations, law enforcementis to be given "prior notice" before a person takes a firearm or destructive device to a law enforcement agency. These amendments are therefore consistent with the bill as introduced and previously amended. By: Senate Committee on Public Safety; Simon Haines Date: July 7, 1997 . 00267 ; : C 1 Cau laud) 07/07/97 9:34 AM 51629 RN9717383 PAGE 1 Substantive QAace AMENDMENTS TO ASSEMBLY BILL NO. 78 AS AMENDED IN SENATE JUNE 30, 1997 C . y ’ : Iteda “7 Amendment 1 On page 7, strike out lines 33 to 39, inclusive, on page 8, strike out lines 1 and 2, in line 3, strike out "(16)" and insert: (15) Any instrument, ammunition, weapon, Or device listed in subdivision (a) that is not a firearm that is found and possessed by a person who meets all of the following: (A) The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person possessed the instrument, ammunition, weapon, or device no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law. (C) If the person is transporting the listed item, he or she is transporting the listed item to a law enforcement agency for disposition according to law. (16) Any firearm, other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who meets all of the following: (A) The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person possessed the firearm no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law. (C) If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency for disposition according to law. (D) Prior to transporting the firearm to a law enforcement agency, he or she has given prior notice to that law enforcement agency that he or she is transporting the firearm to that law enforcement agency for disposition according to law. (E) The firearm is transported in a locked container as defined in subdivision (d) of Section 12026.2, (17) Amendment 2 a: een, UN EE U 00268 07/07/97 9:34 AM 51629 RN9717383 PAGE 2 Substantive On page 19, between lines 7 and 8, insert: (D) I£ the firearm igs being transported to a law mnforcement agency, the person transportingthe firearm has given yrior notice to the law enforcement agency that he or she is ‘ransporting the firearm to the law enforcement agency for Jisposition according to law. Amendment 3 On page 25, between lines 5 and 6, insert: (D) If the firearm is being transported toa law nforcement agency, the person transporting the firearm has given sxrior notice to the law enforcement agency that he or. she is sransporting the firearm to the law enforcement agency for lisposition according to law. Amendment 4 On page 27, line 25, after "firearm" insert: ind if that firearm is being transported to a law enforcement gency, the person gives prior notice to the law enforcement agency shat he or she is transporting the firearm to the law enforcement gency Amendment 5 On page 27, line 28, after "law" insert: , if he or she gives prior notice to the law enforcement agency that 1e or she is transporting the firearm to the law enforcement agency “Or disposition according to law Amendment 6 On page 35, line 23, after "his" inserts xr her Amendment 7 On page 36, strike out lines 7 to 15, inclusive, and inserts: (4) The possession and disposition of a firearm described in subdivision (a) by a person who meets, all of the following: (A) He or she is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code, or Section 8100 or 00269 07/07/97 9:34 AM 51629 , RN9717383 PAGE 3 , Substantive 8103 of the Welfare and Institutions Code. (8B) The person possessed the firearm no longer than was necessary to deliver the same to a law enforcement agency for that agency's disposition according to law. (C) Tf the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency in order to deliver the firearm to the law enforcement agency for the agency's disposition according to law. , (D) If the person is transporting the firearm to a law enforcement agency, he or she has given prior notice to the law enforcement agency that he or she is transporting the firearm to. that law enforcement agency for that agency's disposition according to law. , (E) The firearm is transported in a locked container as defined in subdivision (d) of Section 12026.2. - QoQ - 00270 SENATE FLOOR AMENDMENTS COMMITTEE ANALYSIS Bill No: AB78 Author: Granlund RN: 9716917 Set: 1 Submitted by: Peace SUBJECT OF BILL: The Dangerous Weapons' Control Law Subject of Amendments: Same Amendments are: Technical / Substantive / Re-write Bill / New Bill Were these amendments discussed in committee? No If yes, were they defeated? No Likely opposition to amendments? No If yes, from whom? N/A Purpose of Amendments: To (1) delete proposed changes in the bill pertaining to persons subject to a 72-hour hold/observation and to (2) add : double-jointing language to prevent chaptering concerns with AB 688 (Bowler). ANALYSIS: (1) Thefirst amendmentto this bill deletes Sections 4, 10, and 11 of the bill altogether. Those provisions relate to changes proposed because of a Sacramento Superior Court case enjoining the Attorney General from enforcing existing firearms restrictions on persons subjectto a 72-hour hold pursuant to Welfare and Institutions Code Section 5150 (where no subsequent "hearing" is held). Interested parties, including the Attorney General's staff, have continued to discuss this proposed change and all agree that retaining the current provisions, notwithstanding that coust's action, is appropriate. In addition, it has now been ascertained that the 2d District Court of Appeal in Orange County is considering the same issue but has not yet issued a decision. Therefore,it is appropriate to delete those proposed statutory changes from this bill altogether and to leave a discussion of any needto revise those sections, and how, to anothertime. The Attorney General will remain subject to the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Departmentof Justice, Case No. 96 CS 01471. 00271 (2) The second amendment adds double-jointing language to protect the provisions of AB 688 (Bower). AB 688is currently on the Senate floor and amendsthe provisions of Penal Code Section 12021 pertaining to restrictions on the possession of firearms by persons adjudged|to have ’ committed specified crimes as juveniles. AB 78 amends Penal Code © Section 12021 in general and provides "justifiable" violations if specified conditions are met. These double-jointing amendments protect the amendment made by AB 688to that section if both bills are signed into law and AB 78is signed after AB 688. By: Senate Committee on Public Safety; Simon Haines Date: June 30, 1997 eK AND *ee 00272 SENATE FLOOR AMENDMENTS COMMITTEE ANALYSIS Bill No: AB 78 Author: Granlund RN: 9716411 Set: 1 Submitted by: Peace SUBJECT OF BILL: The Dangerous Weapons' Control Law Subject of Amendments: Same Amendments are: Technical / Substantive / Re-write Bill / New Bill Were these amendments discussed in committee? Yes If yes, were they defeated? No Likely opposition to amendments? None If yes, from whom? N/A Purpose of Amendments: To remove Section 1 ofthe bill and to add double-jointing language to protect AB 1221 (Aroner) in the event this bill is signed into law after AB 1221, ANALYSIS: Thefirst amendment deletes Penal Code Section 626.10 from the bill. That language was addedatstaff's suggestion in the policy committee in order to conform the definition of "dirk" and "dagger" tothe definition this bill revises in Penal Code Section 12020; there was no actual discussion of that amendment in committee. That amendment has now resulted in concern aboutits impact. Therefore, it is appropriate to delete _ Penal Code Section 626.10 from thebill altogether and leave a discussionof any needto revise that section to another time. The second amendment simply adds double-jointing language to protect the provisions of AB 1211 (Aroner); AB 1211 is currently in the Senate Appropriations Committee. By: _ Senate Committee on Public Safety; Simon Haines Date: June 23, 1997 ***% END KK 00273 ORIGINAL COPY 06/19/97 4:14 PMime 07678 7 RN9716411 PAGE 1 Substantive AMENDMENTS TO ASSEMBLY BILL NO. AS AMENDED IN SENATE JUNE 17, 1997 “Cane Amendment 1 In line 1 of the title, strike out "626.10," ’ 7tem tL z ( Amendment 2 On page 3, strike out lines 1 to 5, inclusive, strike out pages 4 and 5, on page 6, strike out lines 1 to 13, inclusive, in line 14, strike out "SEC. 1.5." and insert: ‘SECTION 1, | | Amendment 3 On page 35, between lines 16 and 17, insert: SEC. 8.5. Section 12316 of the Penal Code is amended to read: : 12316. {a) {1} Any person, corporation, or dealer who seiis ammunition or retoaded ammunition te & person knowing that person to be a minor under +8 years cf age does either of the following shall be punished by imprisonment in a countyJail for a term not to exceed six months, or by a fine not to exceedone thousand dollars ($1,000), or by both the imprisonment and finez: (A) Sells any ammunition or reloaded ammunition to a person knowing that person to be under 18 years of age. (B) Sells anyammunition r reloaded ammunition designed and intended for use in a pistol, revolver, or other firearm capable Of being concealed upon the person to a person knowing that person ‘to be under 21 years of age. As used|in this Subparagraph, Yammunition"means handgun ammunitionaas defined in subdivision (a) of Section 12323. Where ammunition or“reloaded ammunition may be used in both a rifle and a handgun, federal law shall be considered for purposes of enforcingthis subparagraph. (2)Proof that a person, corporation, or dealer, or his. or her agent or employee, demanded, was shown, and acted in reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this subdivision. As used in this Subdivision, “bona fide evidence of majority and identity" means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, California state identification card, identification card issued to a member ofthe ORR WE TT OWA MET AAR TS ES RE ATL TT SA 00274 06/19/97 4:14 PM 07678 RN9716411 PAGE 2 Substantive armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person. (b) (1) No person prohibited from owning or possessing a firearm under Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code shall own, possess, or have under his orher custody or control, any ammunition or reloaded ammunition. (2) For purposes of this subdivision, “ammunition" shall include, but not be limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence, (3) A violation o£ this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment. (c) Unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under subparagraph (A) of paragraph (1) of subdivision (a) of Section 12027. This subdivision shall not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full~time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making an arrest or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid License to carry the firearm pursuant to Article 3 (commencing with Section 12050} of Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is engaged in the performance of his or her duties, as defined in subdivision (e) of Section 7521 of the Business and Professions Code. A violation of this subdivision is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine. (d) (1) A violation of paragraph (1) of subdivision (b) is justifiable where all of thefollowing conditions are met: (A) The person found the ammunition or reloaded ammunition or took the ammunition or reloaded ammunition from a person who was committing a crime against him or her. (B) The person possessed the ammunition or reloaded ammunition no longer than was necessary to deliver or transport the ammunition or reloaded ammunition to a law enforcement agency for that agency's disposition according to law. (C}) The person is prohibited from possessing any ammunition or reloaded ammunition solely because that person is 00275 06/19/97 4:14 PM 07678 RN9716411 PAGE 3 Substantive prohibited from owning orpossessing a firearm only by virtue of Section 12021. | (2) Upon the trial for violating paragraph (1) of subdivision (b), the trier of fact shall determine whether the defendant is subject to the exemption created by this subdivision. (3) The defendant has the burden of proving by a preponderance of the evidencethathe or sheis subject to the exemption provided by this subdivision. Amendment 4 On page 41, below line 33, insert: SEC. 12. Section 8.5 of this bill incorporates amendments to Section 12316 of the Penal Code proposed by both this bill and AB 1221. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1998, (2) each bill amends Section 12316 of the Penal Code, and (3) this bill is enacted after AB 1221, in which case Section 8 of this bill shall not become operative. - OO = 00276 | Author: | Bill No. LAé 2?Ss SENATE COMMITTEE ON PUBLIC SAFETY BACKGROUND INFORMATION Room 7209, State Capitol, 322-1305 Please completethis form and return it to the Senate Committee on Public Safety, Room 2209. Your bill will not be set until this form is returned. CALL AS SOON AS POSSIBLE TO SET YOUR BILL. 1. What is the name and phone numberof the person on your staff responsible for this measure? Ash Givargns Qus-795 2 2. Which agency, organization or individual requested the introduction of this bill? Name: Prckiooe | Phone Number: Contact Person: 3, Which agencies, organizations, or individuals (outside of the sponsor) have expressed support? Attach copies of letters. 4. Which agencies, organizationsor individuals have expressed opposition? Attach copiesofletters. Case ~~ Pert 5. Ifa similar bill has been introduced in this or any previous session, what was the number andyear ofits introduction? Cea nace 2 / 6. What problem ordeficiency under current law doesthe bill seek to remedy? Please be specific as possible, and include anylegal or empirical information upon whichthebill is based. NOTE: Someorall ofthis statement may be quoted verbatim in the Committee’s analysis. Seo atta) 7. Are youplanning any amendments to be offered before the Committee hearing? ves. NO___ If so, describe the amendments. PLEASE NOTE THAT THE HEARING OF A BILL MAY BE DELAYEDIF ONE SIGNED AND SIX UNSIGNED COPIES OF AMENDMENTSIN LEGISLATIVE COUNSEL FORM ARE NOT PROVIDED TO THE COMMITTEE SECRETARYIN A TIMELY MANNER. See ANeded 8. If you have any further background information or material relating to this measure (letters of support or opposition, reports, court cases, Legislative Counsel opinions,citations, etc.), please attach copies or state where such information is available. 00277 Amendments. Three substantive amendments will be included in the bill, two of which are definite: Amendment _1 This first amendment would include in the bill the identification mark provisions of SB 63 (Peace). Those amendments woulda: a) Allow the Department of Justice to assign a distinguishing mark to any firearm, not just a pistol or revolver, when the regular mark is obliterated. b) Adds specific exemptions to the existing general prohibition on the acquisition, possession or transportation of firearms with obliterated ID marks, such as for peace officers possessing such weapons in the normal course of business. Specifically, this adds exemptions to the existing general prohibition on the acquisition, possession or transportation of, firearms with obliterated ID marks (a) members of the military on duty in scope of employment; (b) same for peace officers; same for employees of a forensic laboratory; persons otherwise in lawful possession who are taking the firearm to a law enforcement agency for disposal. Amendment 2 - The Assembly Public Safety Committee analysis recommended that an amendment to include the same language in Penal Code Section 12316 (prohibited persons possessing ammunition) to include the same provision limited to the same persons set. forth in Section 12021 on the turn in issue. Amendments will be submitted to do that. Amendment 3 Earlier this year, Judge Bond in Sacramento held the provisions of WIC 8103(f) (so-called 5150 gun ban) were invalid. It is unclear whether Judge Bond struck down the statute because there was no judicial adjudication of 5150. status or, that the 5150 ban per se was invalid. The Department of Justice committed to Judge Bond to "fix" the problem legislatively. The author and his advisor have agreed to implement Judge Bond's agreement with DOJ. They are, however, awaiting DOJ's language. 00278 Fact Sheet Revised 04/24/97 AB 78 - Weapons Bill | Author: Assemblyman Brett Granlund (R-Yucaipa) Co-Authors: Sponsor: Problem the bill addresses: AB 78 addresses certain "odds and ends weapons" issues that have come to light by virtue of the lost and found property issue and twoissues raised by Granlund's constituents. The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn overto local law enforcement agencies. This issue was raised in connection with the recovery of lost property. Under current California law, there are no "safe harbor" exemptions for persons whoare notin prohibited classes who discover weapons or devices and endeavorto turn them over to law enforcement agencies. This issue has been alluded to by the Court of Appeals in People v. Hurtado, (1996) 47 Cal.App.4th. 805 andv.Pepper, (1996) 4] Cal.App.4th 1029. Proposedsolution: AB 78 would: 1) As to non prohibited persons by amending various Penal Code sections to permit the temporary possession andtransportation by non-prohibited persons whofind these weapons andtransporting the sameto a law enforcementagencyfor disposition according to law. . 2) The bill amends PC 12021to create an exemption where the defendant proves by a preponderance ofthe evidenceallofthe following . a. The person found the firearm or took the same from a person committing a crime against him orher. b. The person possessed the firearm no longer that was necessary to transport the firearm to a law enforcement agencyfor that agency's disposition accordingto law. For more information, please contact Ash Givargis in Assemblyman Brett Granlund's office at (916) 445-7552. 00279 Fact Sheet Revised 04/24/97 c. The firearm was transported in accordance with PC 12026.2. If this language in the bill needs refinement, the author will be happy to amend the same to address any concern. 3) Justice Art McKinister whois a Justice ofthe Court of Appeal in San Bernardino noted in IN re Evans, 49 Cal.App.4th 1263 that the relieffrom disabilities provisions in Penal Codesection 12021 (c) (3) as drafted violated the "equal protection clauses" of the state and federal constitutions. To save the statute from invalidity, Justice McKinister rewrote the statute to allow anyone who was convicted ofan offense subject to the 10 year prohibition prior to the offense being added to the list of offenses for which the 10 year prohibition applied to apply oncefor relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinister's opinion. If we don'tfix the problem as McKinister indicated, here is who could get guns: + Persons convicted of possessing machine guns. Persons adjudicated mentally disordered sex offenders. Persons convicted of threatening public officials. Persons convicted of bringing weapons into YA facilities. Persons convicted of certain forms of drive-by shootings. Persons convicted of domestic violence offenses. - Persons convicted of gun trafficking offenses, Persons convicted of stalking. Persons convicted of possessing weapons with intent to assault another. 4) AB 78 codifies AssemblyMember Diane Martinez’'sletter in the Assembly Journal which clarifies that "a dirk or dagger" for purposes of Penal Code section 12020 includes a folding knife only ifthe blade of such knife is exposed and lockedinto position. The language on this issue is being revised to reflect a concern that the switchblade knife regulations are not affected. This codification is included at the request of various hunters in the author's district. Other legislators have introduced legislation to require the reporting of theft or loss of their handguns. If such reporting legislation is to be pursued -- and there are a number oftechnical and legal issues involved with such a proposal, it would be irrational, unfair and fruitless to pursue suchlegislation unless it is linked to the protections and requirements in ABs' 78 and 79 dealing with lost and stolen serialized property. . Arguments in support: For more information, please contact Ash Givargis in Assemblyman Brett Granlund's office at (916) 445-7552. 00280 kay,look....1 don't know a tang from a Onn from a quillon, but | do know that knives, like most other things around us, are composites of different component parts that are designed to fit and work together to accomplish their purpose.It wouldn't surprise you, would it, to hear that our scheme of criminal law operates the same way? Whatif someone were offering to sel you an encased knife whenall you could see was the pommel? Wouldn't you wantto see the rest of It before making up your the DA on vo byt3e yeors ef Beets! no statutorydefinition of “dirk or dagger” muchless the general public, in deciding what was and wasn’t illegal. Appellate deci- sions were all over the landscape: some cases said a handguard was necessary, while others disagreed: some courts con- sidered the curvature of the blade, some looked at the length, and some discussed the number of sharpened edges. To resolve the. confusion, the Legislature enacted Penal Code subsection 12020 (c) (24), specifying that a “dirk or dagger” was something primarily designed, constructed oraltered to be a dangerousor Dirks & Daggers wr. professionalperspectiveonaSST)| BY DEVALLIS RUTLEDGE, mind? What seems to have happenedwith California's most recent dirk and dagger law is that some folks have looked at the isolated language ofthe statutory definition of “dirk or dagger,” and have drawn all kinds of conclusions, without considering other important parts of the penal composition. ; For many years, it has been illegal in California for someone to carry a dirk or dagger concealed on his or her person. This_prohibition was intended to reduce the risk that an unsuspecting victim wouldwou besuddenlystabbed,in facetoface con- frontation, by someone who had the unfair advantageof a hiddenability to strike with- out_warning. This purpose of the law explains why it is notillegal to carry a.dirk or dagger that is not concealed* nor to carry a concealed knife that is not capable of stabbing (rounded tip, for example),’ nor to carry a concealed knife that is nor ready for use as a stabbing instrument (folded pocketknife,* for example). If a potential victim can see that another is openly carryinga dirk or dagger, or has the chance to retreat while an implement is. being prepared for stabbing, the threat of sudden, surprise attack is presumably less- ened. Make sense? Trouble was, for many years there was DDA deadly stabbing weapon. Juries promptly began acquitting defendants who werebegan cquitang caught carrying concealed butcher knives, ice picks and “survival knives” in their boots, because these items were primaril designed forsomethingthan stab- Youth gangs, rapists and carjackers ‘rejoiced, Back at the drawing board, the Legislature adopted a redefinition aimedat effectuating the underlying policy of the law: “dirk or dagger means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.” Betore the ink had dried, sore knees began to jerk. Knife manufacturers, dealers, enthusi- asts and users began to conjureall sorts of scary scenarios: police would be arresting everyone with a Bic pen in a coat pocket, prosecutors would go after Uncle Luther's pocket fisherman, and jails would fill up with TV technicians caught with a Phillips screwdriver undertheir shirts. But the people who imagined these implications from the strict construction of the literal language of a single statute were only seeing the pommel] of the knife. It would be impossible for a legislator to write any law, on any subject. that would be 56 KNIVES ILLUSTRATED FEBRUARY 1997 exactly broad enough to accomplish its purpose. and precisely narrow enough that it would neverliterally apply to an unin- tended situation. That’s why there are other laws. sometimes called “maxims of jurisprudence,” that establish general guidelines for applying and interpreting specific statutes. All penal provisions, including section 12020, must be read and applied in light of these general principles, and not in isolation. Police, prosecutors and judges are trained to use judgment and to exercise their discretion with the entire composition in mind. For example, Penal Code section 4 says this: “The rule of the commonlaw, that penal statutes are to be strictly con- y strued, has no application to this code. ane ek Ne its provisions are to be construed accord.xowe ing to the fair import oftheir terms, with a pw wwu viewtc effect its objects and to promote ie justice.” This means, said the California Supreme Court, that “statutes must be given a reasonable and common sense construction in accordance with the apparent purpose and intention of the lawmakers—one that is practical rather than technical, and that will lead to a wise policy rather than to mischief.” And Penal Code section 20 further restricts the state from prosecuting “tech- nical violations” by providing that “In every crime or public offense, there must exist a union. or joint operation. of act and intent, or criminal negligence.” The courts have said that “this rule ts particularly pertinent where a pro- ‘posed construction would impose absolute criminal liability and make a felony of an act that involves no culpability whatever.” So much for the Bic pen and the inno- cent sportsman. Aside from the fact that somesort of overtly suspicious or criminal behavior would have to bring an individual to the attention of police in order to present the occasion for discovery of a concealed dirk or dagger (unlikely for the truly inno- cent), officials are simply not inclined or permitted to arrest or prosecute for con- duct that technicallyfalis within the literal language of a statute, but falls outside the purpose intended to be served. The dirk or dagger statute on the books in California is adequate to permit enforce- gy 00281 ed aelPeaae ment where warranted by . cum stances. At the same time.it is not so sinis- ter. when applied in the necessary context, as to justify aay concern ovlaw-abiding cit- izeng that any pointed snject they legiti- mately carry may land them in the oosegow. Ane= lust in case@ human error correction, “Thethree penal code sectionsI've men- tioned here aré Dy av means the only con- trolling statutes. Dozens—sometimes hun- dreds—ollaws and cour decisions may apply to a single investigation and prose cutlon. But you get the point (no pun):it’s a mistake to lift an isolated statute out of the entire criminal law composition and start drawing conclusions that. run con- trary to the commonsense ofa self-gov- erning people. Thesky is notfalling. Now...vhat exactlyis a ricasso? Spyderco’s Mariner features 0 3 1/2-inch fully serrated SHEEPSFOOTstyled blade and a stainiess steel handle. Their RESCUE modelcar- ries the same SHEEPSFOOT blade (shown here) but features Zytel-handles. These knives are NOT designed for stubbing, but for cutting seat belts and similar materials in emergendes, aceNC PearTea eReCmcaTes lished.in. the: August: 1996. edition: of BNLoe nieco" entitled: Ditks & Deere CeaueceonThe authar is a Deputy DistictAttorney for the County of Orange, QaomaCRMCeel in. rewriting:lenin regardingthe PeriSc ofdongerausinstruments reeeTAGolMeecuics reLERCLeee ieteleg Tierra CCM NetMolo SUMUUTLKeocon Meld ceeenue clipped to his belt. He rer involved inna crime, Anarrestingofficer SseMRomeact Ry RrraReSe omeRaa} PeeseM Ce CACMRHiemses PUAeeRRR ceemrs Leu)TOLMMCaARca Fee MeenaacaRRS ‘ferentverdict; butthie“layers of refey r outs"crlasitae a A Complete Line of Knifemaking Supplies From A Full-Time Shop : Extensive selection of micarta pakkawood, steel, exotic woods brass, books, stag horn bone, handle fasteners rod, tubing, ox horn hippo teeth, amber beads, belt sanders, belts buffing wheels and rouge epoxy Heat Treating Custom Sheaths Leather Send$3.00 for Catalog PO. Box 78402 Houston, Texas 77279 (713) 461-8632 aiaPrccatsie | DIRK OR DAGGER: DEFINED by Lawrence G. Brown Association sponsored Assembly Bill 1222 (Martinez) which amended the definition of a “dirk” or “dagger” for purposes of Penal Code section 12020 as ofJanuary 1, 1996, Section 12020(c)(4) provides that a dirk or dagger “meansa knife or other instrumentwith or without a handguard thatis capable of ready use as a stabbing weaponthat may inflict great bodily injury or harm.” This legislation was prompted by an overly- restrictive definition of dirk or dagger placed into statute in 1994. Since then, there has been some debate over the precise meaning ofthe revised defini- tion. This prompted the author of AB 1222, Assembly Member DianeMartinez, to place a letter in the Assembly DailyJournal on August 31, 1996,to clarify the intent behind the measure. Herletter read as follows: I n 1995, the California District Attorneys Dear Mr. Wilson: This letter is meant to express my intent in authoring AB 1222 in 1995, as well as the intent of the sponsorsofmylegislation, the California District Attorneys Association. Amongotherprovisions,the statute prohibits any person from carrying, concealed uponhis or her person, any dirk or dagger. Subdivision (c) (24) defines the term dirk or dagger. For several decades, . the term “dirk or dagger” was notdefined in statute. Prior to 1993, the Penal Codedid notspecifically define dirk or dagger (case law did define a “stabbing instrument). In 1993, the Legislature enacted AB 1266 (Martinez), which was effective on January 1, 1994, that defined dirk or dagger as “a knife or other instrument with or without a hand guard that is primarily designed, constructed,or altered to be a stabbing instrumentdesigned to inflict great bodily injury or death.” This “primarily designed” definition proved problematic for prosecutions and,as a result, the Legislature amendedthe statute again. y” In 1995, the Legislature enacted AB 1222 (Martinez), which becameeffective on January 1, 1996. The law now definesdirk or dagger as “a knife or other instrumentwith or without a hand guard that is capable ofready use as a stabbing weapon that may inflict great bodily injury or death.” In sponsoring AB 1222, the California District Attorneys Association soughtto eliminate the “prima- rily designed” language which hadgiven rise to prosecutorial problemsand to substitute language aimed at preventing surprise knife attacks by prohibit- ing the carrying of concealed knives that are particu- larly suited for stabbing and thatare readily accessible to the user. Accordingto a police trainingvideo prepared by the Orange County District Attorney who drafted the. “capable of ready use” language containedin the currentstatute, folding knives are not“dirk or dag- gers,” unless they are carried in an open and locked position. This is due to the fact that, when folded, they are not “capable of ready use” without a number of intervening machinations that give the intended victim time to anticipate and/or prevent an attack. Thus, the definition of “dirk or dagger” amended by my AB 1222last year was not intended to prohibit folding knives. 1 believe this is consistent with the intent of the Legislature. Warmestregards, DIANE MARTINEZ, Assembly Member Forty-ninth District DID YOU KNOW..00283 MEMORANDUM Date; 21-Jun-1997 06:03pm PDT From: Irwin Nowick NOWICK_IR Dept: Ssc40 Tel No: TO: Simon Haines ( HAINES_SI ) Subject: 991 info Simon: 1) 3) 4) 5) In terms of "fix-it" ticket analogies, the sole registration situation wherein a fix-it ticket is used is where the person commits CVC 4454 - not having the registration in the vehicle. I checked with DMV and a fix it ticket does not apply to other registration violations. The fix-it ticket is a bad analogy anyway because oft the Assault Weapons infraction procedure that drives Burton up the wall. Indeed, the nuisance portion of AB 23 by rewriting PC 12276.5 and the infraction repeal in 23 is to put a stop to Lungren’s action of allowing illegal possessors of assault weapons to late register their firearms after the grace period provided for in Chapter 953 of the Statutes of 1991 expired which is in direct contravention of the intent and provisions of the Roberti-Roos Assault Weapons Control Act. In terms of residency, CVC 6700(a) provides that a non resident has to register his or her car within 20 days of establishingresidency here. In terms of residency, CVC 12505(¢) provides that a non resident has to get a California Driver’s license car within 10 days of establishing residency here. You might mention in the Analysis and to Quentin the dichotomy between the 6700(a) and 12505 (b) You should read Galvan v. Superior Court, (1969) 70 Cal.3d 851 which involved a San Francisco ordinance that required persons who resided in San Francisco or moved into that city and county to register their handguns. The grace period for new residents was 7 days. Two of Galvan’s claims are directiy related to this bill. First, the Supreme Court rejected the notion that there had to be a notice component as part of due process. 00284 _ Secondly, the Supreme Court rejected the contention by Galvan that the ordinance violated the Fifth Amendment and the California Constitution.. The defendant argued that persons such as felons, . narcotics addicts, and the like did not have to comply with the ordinance because they were prohibited by Penal Code section 12021 from possessing handguns. Registering their guns would expose them to a Section 12021 prosecution. In rejecting the self-incrimination claim, the Supreme Court made two points. First, Galvan did not have a Section 12021 defense as he did not assert he was ina prohibited class. Therefore, his claim of privilege - which is personal to the holder - did not lie. Secondly, Galvan noted that in Haynes and Marchetti the United States Supreme Court made clear that generalized reporting schemes aimed at conventional firearms or other lawful items involving the public at large required a specific claim of privilege before the Fifth Amendment claim could be raised. Please noteI have the cumulative language in the bill. ITrwin 00285 \ Simon: On AB 78, if someonekvep,, es about amefding 78 to take 626.10 out of the bl On’ tp ,loor because it affects knives on school grounds, “Wl... ° Ea woeany tsouris or a re-referral to Senate PublicHatety. I am already getting rumbles of concern about that. I am just checking. As to AB 991, here are somethings you should be aware of: 1) I told Mark and Kevin to delete the 12021 stuff and the 12076 wobbler from the bill. They knew that would causea problem in the Senate so it was a throwaway so I believe that happens. The 12076 language to go back to current code is tricky. o 2) Its my recommendation to Kevin and you that we delete the 1 cent and 4 cent fee cap for the public education program and let Lungren manage his own budget within the existing overall fee cap. I say that for two reasons. First, I don't want to have veto bait unnecessarily in there. Secondly, with Judge Bond's ruling, that frees up 50 cents for other purposes within the overall $14.00. I want | enough money to do the education program. Given 600, 000 DROS's a year, 50 cents will generate $300,000 to do an adequate public education job, 3) In terms of gun registration laws, you should read Galvan wz,SuperiorCourt, (1969) 70 Cal.2d 851 and the AB 1201 COPS analysis. The gist of both Galvan and the 1201 analysis is that general gun registration laws do net raise Fifth Amendment issues and notice issues. 4) I have recommended to have more leverage and to cut down on chaptering issues, 991 and not 689 do the 12076 change in 689 that Lungren needs. 5) You should be aware that section 11 of AB 3552 (Ch. 1326/1992) states that Lungren’should have one super duper 12078 form. This bill should probably amend that Section o£ 3552 to state that it is the intent of the Legislature to have one form for 12078 and 12072(f£)(2) amd (£)(3).- ate: 6/15/97 9:30:10 PM com: Irwin Nowick abject: ab 78 and other matters >: Simon Haines ( HAINES_SI ) 00287 _ RICHARD RAINEY on VICE CHAIR JOHN BURTON QUENTIN KOPP . BRUCE MC PHERSON RICHARD POLANCO ADAM SCHIFF DIANE WATSON MEMBERS Mr. Bion Grego California Senate COMMITTEE ON PUBLIC SAFETY SENATOR JOHN VASCONCELLOS CHAIR June 10, 1997 ry Legislative Counsel State Capitol, Room 3021 Dear Mr. Gregory: SIMON HAINES CHIEF COUNSEL LES KLEINBERG ALISON ANDERSON MARY KENNEDY COUNSELS KARA UEDA ASSOCIATE | JANET SAKATA JOHN MELLO COMMITTEE ASSISTANTS ROOM 2209 STATE CAPITOL SACRAMENTO. CA 95814 (916) 322-1305 FAX (916) 445-4688 Please have your deputies draft amendments for AB 78 (Granlund) using the attached mock up of proposed amendments, Please return them to Room 2209 as soon as possible. Please contact S Thank you. J6nn Mello Office Assistant Attachment _SH:jm imon Haines at 322-1305 if you have any questions. EES603 00288 Sune 10, 1997 Please prepare amendments to AB 78 (Granlund), as amended May 29, 1997, to do the following: (1) Delete lines 36 - 38 on page 7: (2) Add Penal Code Section 626.10 to this bill with an amendment to conform the definition of "dirk" and "dagger" in 626.10(h) to be the same as now in Penal Code Section 12020(c)(24): (h) As used in this section, "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weaponthat may inflict great bodily injury or death. A nonlockingfolding knife, afolding knife that is not prohibited by Section 653k, or a pocketknife is capable ofready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and lockedinto position. RR SE 6 Ae Oe a 25 ft foie IR os ke ode 2 oft fe oe ie oe fe fe ae fe oh 2 ae age fe fe of oe ote fe oe fe oft oe oe ake okt a og 2K 2K 2K ae oe Any questions, please call Simon Haines, 322-1305. 00289 DANIEL E. LUNGREN State of California Attorney General DEPARTMENTOF JUSTICE 1300 I STREET,SUITE 125 P.O. BOX 944255 SACRAMENTO,CA 94244-2550 Public: (916) 445-9555 Facsimile: (916) 322-2630 (916) 324-5413 June 10, 1997 The HonorableBrett Granlund California State Assembly . \ ool State Capitol, Room 4164 ys \ Sacramento, California 95814 RE: Support for Your Measure, AB 78 -- As ded May 29 Dear Assembly Member Granlund: The Attorney General's Office is pleased to support your measure, AB 78, as amended May 29, 1997. If we can be of any furtherassistance, please do not hesitate to contact us, Sincerely, DANIEL E. LUNGREN Attorney General Letase STEPHEN M. BOREMAN Deputy Attorney General Legislative Affairs SMB:rvo cc: The Honorable John Vasconcellos,Chairman Senate Committee on Public Safety The Honorable Richard K. Rainey, Vice-Chairman Senate Committee on Public Safety Senate Committee on Public Safety Mr. Charles Fennessey, Governor’s Office Mr. David Shaw, OC]P Ms. Amy Frees, CPOA 00290 May 30, 1997 - 1015 hours Somethingto lookat...AB 78 (Granlund) as amended May 29, 1997. AB 78 and AB 79 (same author; no need to look at AB 79 but they are a package staffed by Mr. Nowick) are up in Senate Public Safety on June 10, 1997. AB 78 is a clump ofstuff re firearms and as amended yesterday, Section 10 ofthe bill amends Welfareand Institutions Code Section 8103. This new amendmentis sponsored by the Attorney General. Issue is that under current law, every person who is held for 72- hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) andis forbidden from possessing a firearm for five years (but can petition for right to do so with test of preponderance of the evidencethat personislikely to use firearm in.safe way). That same requirement exists for persons subsequently, whether first subject to WIC 5150 or not, adjudicated as mentally disordered andcommitted to a mental health facility. Sacramento Superior Court Judge Bond has now heldthat it is unconstitutional to deprive ‘a"5150" of the right to possess a firearm without any further court hearing or determination(right to counsel, hearing, etc.). Case is Dayacamos v. Department of Justice, Case No. 96 CS 01471, February 7, 1997. (have copy ofthe case.) DO}is not going to. appeal the decision and now wantsto deal with the statutory changes : neededto delete the prohibition on "5150's" from possessing firearms. DOJ and Dept.of Mental Health estimate that approximately 40% of existing 413,000 "5150's" in system will have been held beyond 72-hours with a requisite court hearing so those folks arestill subject to firearm possession prohibitions. That means 60% of those folks will be deleted and no longer subject to suchrestrictions (notclear if all are still within five year limit; presumably sameratio will exist for future personsfirst held per "5150"). AB 78 now has amends to take out simple "5150" prohibition. Alternative would be to require a full blown court proceeding for all "5150's". Very expensive and big impact on the courts. However, whatif...even one of those "5150"folks buys a gunin the future and then does something (under AB 78, they will be able to buy and possess a gun; even prior to 2/7/97 they could get a gun other than bypurchase and do something bad; but could be arrested for only possessing gun without doing anything else wrong). Therefore, AB 78 has the following uncodified language: SEC. 11. It is the intent of the Legislature,in enacting the amendments to Section 12076 of the Penal Code and Section 8103 of the Welfare and Institutions Code madebythis act, to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice, Case No. 96 CS 01471. SECCEERENT Post-it” Fax Note 7671 [Date gf, To From — Co./Dept. Co, Phone # May30, 1997 - 1015 hours Something to look at...AB 78 (Granlund) as amended May 29, 1997, AB 78 and AB 79 (same author; no need to look at AB 79 but they are a package staffed by Mr, Nowick)are up in Senate Public Safety on June 10, 1997. AB78 is a clumpofstuff re firearms and as amended yesterday, Section 10 of the bill amends Welfare andInstitutions Code Section 8103. This new amendment is sponsored by the Attorney General. Issue is that under current law, every person whois held for 72- hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) andis forbidden from possessing a firearm for five years (but can petition for right to do so with test of preponderanceof the evidence that personislikely to use firearm in safe way). That same requirement exists for persons subsequently, whether first subject to WIC 5150 or not, adjudicated as mentally disordered and committed to a mental health facility. Sacramento Superior Court Judge Bond has now held that it is unconstitutional to deprive a "5150"of the right to possess a firearm without any further court hearingor determination (right to counsel, hearing, etc.). Case is Dayacamos v. Departmentof Justice, Case No. 96 CS 01471, February 7, 1997, (have copy of the case.) DOJis not going to appeal the decision and now wants to deal with the statutory changes neededtodelete the prohibition on "5150's" from possessing firearms. Dos and Dept. of Mental Health estimate that approximately 40% of existing 413,000 "5150's" in system will have been held beyond 72-hours with a requisite court hearing so those folksare still subject to firearm possession prohibitions. That means 60% of those folks will be deleted and no longer subject to suchrestrictions (not clear if all are still within five year limit; presumably sameratio will exist for future personsfirst held per "5150"). AB 78 now has amendsto take out simple "5150" prohibition. Alternative would be to requite a full blown court proceeding for all "5150's". Very expensive and big impact on the courts. However, whatif...even one of those "5150" folks buys a gun in the future and then does something (under AB 78, they will be able to buy and possess a gun; even | prior to2/7/97 they could get a gun other than by purchase and do something bad; but could be arrested for only possessing gun without doing anything else wrong). Therefore, AB 78 has the following uncodified language: SEC. 11. It is the intent of the Legislature, in enacting the amendments to Section 12076 of the Penal Code and Section 8103 of the Welfare and Institutions. Code made by this act, to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice, Case No. 96 CS 01471. HEekeofgeaROREAACIDOGROaieRReiiako 00292 May 29, 1997 - 1230 hours Dirks and Daggers in Penal Code Section 12020 (from AB 78 a/a 3/20/97 (a) Any personin this state...who carries concealed upon his or her petson any dirk or dagger is punishable by imprisonmentin a county jail not exceeding one year orin the state prison. ARRRRREAKR 2ie oi oo oi iROROK (c) (24) As usedin this section, a "dirk" or "dagger" means a knife or other instrument withor without a handguardthatis capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife isexposed and locked into position. NOTE: The exemptionin (c) (17) only applies for prohibited dirks and daggers, meaning that any such device carried concealed on the person will not be prohibited if in a purse or backpack or such items which may be carried close to the person. That exemption does not apply regarding closed knives since those are not dirks or daggers pursuant to the definition. Thus a closed knife in such a "container" may be subject - or not, based upon anecdotes- to the prohibition in (a) regarding dirks and daggers? 00293 05/09/97 FRI 16:24 FAX 3222630 LEGISLATIVE AFFAI RS ool To: Fax #: Subject: oT ph MuddOL: SILO Date 5/yfon Pages: Lb , includingthis cover sheet comnts: (16, A Mae if —_ a \Kegacdes Ses From the desk of... STEPHEN M. BOREMAN Deputy Attorney General Legislative Affairs Office of the Attorney General 1300 I Street, Suite 1790 Sacramento, CA 95814 (916) 324-5413 Fax: (916) 322-2630 00294 LN QUS 05/09/97 FRI 16:24 FAX 3222630 LEGISLATIVE AFFAIRS go VY ly J Ne - DANIEL E. LUNGREN State of Califarnia Attorney General DEPARTMENT OF JUSTICE 1300 1 STREET, SUITE 125 P.O. BOX 944255 SACRAMENTO, CA 94244-2550 (916) 445-9553 FACSIMILE; (926) 322-2630 (916) 324-5413 May 1, 1997 The Hon. Assemblyman Brett Graniund State Capitol Sacramento, CA 95814 RE: AB 78 (Granlund), firearms. Dear Assemblyman Granlund: Thank you for your offer to amend AB 78 (Granlund), your bill relating to firearms, in order to address firearm possession prohibition issues raised in Dayacamos v. Department of Justice, Sacramento County Superior Court Case No.96 CS 01471, relative to persons detained by peace officers under Penal Code § 5150. Attached is an analysis of the issue and our legislative proposal, including the specific language which we request that you adopt for amendment of AB 78. In our analysis you will also find answers to the inquiries you posed in your letter of April 28, 1997, including the fiscal impact on the DROS program. It is the Attorney General’s policy to request that all authors of sponsored bills agree to allow our office to review any proposed amendments to this measure in advance, and that adoption of any amendment be subject to our prior approval. Adoption of unauthorized amendments may result in withdrawal of sponsorship. Should this policy present any difficulties for you, Please advise our office immediately. Again, thank you for your assistance. Please advise when you wish to meet pursuant to your letter of April 28, 1997. Sincerely, DANIEL E. LUNGREN Attorney General Giwoe, STEPHEN M, BOREMAN .Deputy Attorney General 00295 ig) 00305/09/97 FRI 16:24 FAX 3222630 LEGISLATIVE AFFAIRS Fl BY,: / YLThe Hon. Assemblyman Brett Granlund May 1, 1997 Page 2 cc: Charlie Fennessey, Governor’s Office Assembly Public Safety Committee Assembly Appropriations Committee Assembly Minority Appropriations Staff 00296 CAUSE Callforla Union of May1, 1997 Safety Employees — 2029 H Street Sacramento,CA95814 $800-522.2873 S U- 916-447-5262 916-447-2530 fax _ Honorable John Vasconcelos, Chair. 2900 Bristol Street Senate Public Safety Committee SuiteH-201. State Capitol, Room 5100 Costa Mesa,CA 92626 - - Sacramento, CA 95814 {BOOSH TA208T5762714-708-7582 fax AB78 - SUPPOR’ Dear Senator Vasconcellos: The California Union of Safety Employees (CAUSE), representing more than 6,400 state employed peace officers, regulatory investigators and safety personnel, support AB 78. This bill recognizes a glaring loophole in the law with regard to forensic laboratories and the possession and transport of certain types of evidence, and attempts to correct that problem. CAUSEand the Association of Criminalists- Department ofJustice (affiliated with CAUSE), strongly endorsethis corrective measure. Should you have any questions, please call either myself at the CAUSEoffice or CAUSELobbyist Peter Jensen at (916) 441-0258. Sincerely, A. - Director ofGovernmental Affairs JAM:tdd cc: Senate Public Safety Committee The Voice of Law Enforcement, Public Safety & Consumer Protectiong297 05/09/97 FRI 16:24 FAX 3222630 LEGISL ATIVE AFFAIRS yo04 aed A \ " STATE CAPITOL ~ mad ANS COMMITTERS P0. BOX 942840 b .A TO, >SAGA MeNresazes 0001 Assem ly HBALTH, Vice Chair (018) 445-7660 FAX oo, APPROPRIATIONS + 7 2 GOVERNMENTALastacrore California Legislature cman 34992 YUGAIPA BLVD. YUGAIPA, GA 92999 {909) 790-4196 BRETT GRANLUND (909) 790-0479 FAX ASSEMBLYMEMBER,SIXTYFIFTH DISTRICT April 28, 1997 Mr, Steve Boreman Department ofJustice 1300 I Street Sacramento, CA 95814 RE:78 Dear Steve: As Irwin Nowick tdicated, J am willing to amend AB 78 to keep the Department of Justice’s commitment to Judge Bond to address the constitutional issue relating to WIC 8103(f) (so-called “S150") gun ban. However, neither Irwin norI are clear as to the basis for Judge Bond’s decision. Specifically, it is unclear whether Judge Bond struck down the statute because there was no judicial adjudication of5150 status for the ban to kick in or that the 5150 ban per se was invalid. In addition,it is unclear whether Judge Bond’s ruling extends to WIC $100 or WIC 8103(f). "Giventhe sensitive nature ofthis issue, I would appreciate it ifyou would do three things: - First, I would appreciate it ifyou would provide a copy ofJudge Bond’sdecision to this office. Second, after we review Judge Bond’s decision, I would like to meet with you, Paul Bishop, and Irwin to discuss how.we should proceed ia this matter. Third, assuming that a decision is made to repeal Section 8103(f), how much ofthe DROSfeeis allocated to reimburse facilities for costs associated with their Section 8103( reports? This is very important as to how to proceed as I have been advised that much ofthe recent increases in the DROS fee are attributable to reimbursements to localfacilities. for making Section 8103 reports. Sincerely, a BRETT GRANLUND 00298 Printedon Reoycled Paver 05/09/97 FRI 16:25 FAX 3222630 LEGISLATIVE AFFAIRS Ig oos ‘State of California Wd To Department of Justi Ne AZ ky P 4949 itofJus Jest Sacramento, CA 35820 Memorandum , Pa Date: April 23, 1997Pp ’ From Subject : Telephone: CALNET (8) 498-3500 72 (918) 227-3500 aan FACSIMILE: (916) 227-3700 Mike Broderick, Manager Firearms Program Criminal Justice Information Services Division Davacamosvs.Department of Justice: Legislative Proposal As you are aware, the recent Dayacamosvs. Department ofJustice court decision has held that the reporting of WéJ 5150 (72-hour hold) information and the associated 5-year prohibition from owning or possessingfirearmsis unconstitutional. In light of the Attorney General’s decision not to appeal or pursue anylegislative remedy to the court ruling, we are moving ahead to fully comply with this decision. One ofthe importanttasks is a revision to W&I 8103 to removeall reporting requirements currently mandated ofmental health facilities with respect to W&I 5150 commitments. In addition, all associated references in W&I 8103 prohibiting W&I 5150s from owning or possessing 8 firearm will also need to be removed. . Attached find the necessary legislative proposal package that will accomplish this task. All appropriate W&I 8103 language modifications are enclosed in this draft proposal, Please review and approve the attached legislative proposal. Please forward to Director Dedierfor his sign-off and return td meso that [ can move forward and work with DAG Steve Boreman ofthe Legislative Unit to quickly introduce the attached proposal. tf Attachment 00299 05/09/97 FRI 16:25 FAX 3222630 LEGISLATIVE AFFAIRS {7.006 I, TV. ‘SUMMARY - BACKGROUND | Division Priority # YI _/sit_3 by Division Chief) my PEPAIMENT OF JUSTICE | —_ LEGISLATIVE PROPOSAL FORMAT : | | . DIVISION AND BUREAU/SECTION SUBMITTING THE PROPOSAL | Division: Criminal Justice Information Services Division Bureau: Bureau ofCriminal Information andAnalysis Section: Firearms Program| TITLE Court imposedrevisions to Welfare & Institutions (W&D Code section 8103 (mental health database) In light ofa recent court decision (Dayacamos vs, Department ofJustice) which has ruled that aspects ofW&ICode section 8103 are unconstitutional inasmuch as individuals detained under théprovisions ofW&I 5150 (72-hour hold) are not afforded any type ofajudicial review prior to their inclusion within the Firearms Program's mental health database. Inclusion prohibits themfrom owning orpossessing afirearm Jorfive years. Essentially, the. court has held that the statue does notprovidefor adequate notice and an opportunityJor a hearing within a meaningful time (prior to inclusion in our mental health\ database). DAG Eileen Gray ts the Department's attorney who has been handling this case, This legislative proposal nat required changes to W&ICode section 8103 which has historically mandated that mental healthfacilities report W&I5150 detainees to the DepartmentofJusticefor inclusion in our mental health database. In addition, W&I 8103 also contains the specific language prohibiting such individualsfrom owning or possessing afirearmforfive years. The attachedproposed legislative revisions will removeall ofthese references| . | I Theproposed eisai will remove all references fo the current mandatory reporting ofW&Lsection 5150 detainees to the DepartmentofJustice andall language pertaining tol the prohibition ofsuch individualsfrom owning or possessing afirearm. These changes are mandatory based upon the court ruling associated with the recent Dayacamos vs. Department ofJustice court case. t i | 00300 05/09/97 FRI 16:26 FAX 3222630 LEGISLATIVE AFPAIRS oor VW) VW . . J ow ey eres) recently contacted the Firearms Pragram relative toa courtccase she was handling (Dayacamos vs. Department ofJustice) which ruled that aspects ofWelCodesection 8103 were unconstitutional inasmuch as individuals detained under W&I5150 (72-hour hold) arenot afforded any type of judicial review prior to their inclusion within the Firearm Program's mental health database which Prohibits themfrom owningorpossessing afirearmfor five years. Essentially, the court has held that the statute does notprovidejor adequate notice and an opportunityfor a hearing within a meaningful time (prior to inclusion in our mental health database). | Jn light ofthis decision coupled with confirmationfram the Attorney General that he does not wish to appeal orpursue any type oflegislative remedy to the recent — court decision, the Firearms Program must immediately take action to implement the court's order bypurging its mental health database ofall W&I 5150 entries and submitting the necessary corrective legislation removing current statutory language requiring mental healthfacilities to report W&I 5150s to the DepartmentofJustice andprohibiting such individualsfrom owning or Dossessing afirearmforfive years. Based upon contact wi the DepartmentofMental Health,it is estimated that approximately 40% ofour existing mental health database represents individuals that have been held beyond the 72-hour hald limitations contained within W&I 5150. Because such individuals have also gone through the necessary Judicial reviewbefore their 14-day hold was imposed, these individuals would continue to remain in dur mental health database. However, 60% ofour existing 413,000 entries will need to be purgedfrom our databasein order ta comply with _the court's order. In addition, changes must be made to the existing mental health database reportingform prepared and distributed by the Department of Justice, associated instructions/procedures, previously released Information Bulletins, and related training materials in order to ensure thatfuture W&I 5150 detainees are not reported.to the department and erroneously imputed into our mental health database. Vv. PROPOSAL | | A. Suggested Legislation Aspreviously indicated, the attached suggested legislative changes providefor revisions to W&I sections 8103 @), (g), and (h). Other than legislative changes specifically designed to comply with the court order, no ‘other changes to this 00301 anda waattlaw nen iwalvidord 05/09/97 FRI 16:26 FAX 3222630 LEGISLATIVE AFFAIRS gjoos8 VIL Vii. IX. C. PublicPolicy Wow The proposed legislativ changes are not ofa “public policy” nature but instead represent the department'sfull compliance with the court's ruling. | FISCAL IMPACT i . As indicated by the attachedfunding summary, it is estimated thatthe cost to refine our mental health database in response to the requirements ofthe court order will cost - approximately $196,000. At the present time,CJISD managementis working with the Administrative Services Division to identifypossiblefunding options to undertakethis one timeactivity. TECHNOLOGY © Not Applicable; a minimal expenditure of56, 000 by HDC to separate the existing databasefor distribution and verification by each submitting mental healthfacility. SUPPORT/OPPOSITION ; Thisproposalis in responsete a court order imposed as a result ofa court case involving Dayacamosvs. the Department ofJustice. DAG Eileen Gray is the Department's attorney handling this case. Ms. Gray can be reached at 324-5442. EXPERTS/WITNESSES | Mike Broderick, Manager, Firearms Program at ul Bishop, Deputy Attorney, General Eileen Gray, Deputy Attorney General Prepared , Telephone: rere oo70 MIKE BRODERICK,|Manager Firearms Program . 00302 05/09/97 FRI 16:27 PAX 3222630 . LEGISLATIVE AFFAIRS goog WN Ww’ DEPARTMENTOF JUSTICE EXECUTIVE SUMMARY A recent court case (Dayacamos vs. DepartmentofJustice) has ruled that sections ofWelfare andInstitutions (W&I) Code 8103 are unconstitutional inasmuch as it does not providefor adequate notice and an opportunity for a formal hearing priorto the inclusion ofW&I 5150 detainees (72-hour holds) in our mental health database thereby prohibiting them from owning and possessing a firearm for five years. This court decision has major programmatic implications and inherent costs for both the Departmentof Justice and mental health facilities who havehistorically reported W&I 5150 information. Inlight ofthis judicial direction, arrangements need to be made with our Legislative Affairs Unit to submit revised statutory language which would amend the necessary sections of the Welfare and Institutions Code section 8103 thatcurrently restrict the ownership and purchase ofa firearm due to an individual's assessment and admittance to a mental health facility under W&I 5150 as well as the mandatory reporting of such Wé&] 5150 information to the DepartmentofJustice for inclusion in ourmental health database. The necessary statutory revisions to accomplish this are reflected in this legislative proposal. 00303 CARPENTER SNODGRASS 2204 & ASSOCIATES MEMORANDUM | SH April 17, 1997 TO: ~ Membersofthe Senate Public Safety Committee FROM: Chris Micheli on behalf of BUCK KNIVES RE: AB 78 (Granlund)~ SUPPORT Set for: May 13, 1997 On behalf of our client, Buck Knives, I write in support of AB 78 (Granlund), Among other provisions, this bill would codify legislative intent regarding the definition of “dirk or dagger” found in California Penal Code Section 12020(c)(24). In our opinion, Section 12020(c)(24) is an overly broad statute which could lead to discriminatory enforcement. There are already sufficient penalties for the wrongful use or brandishment of a knife. Mere possession of a knife which has many legitimate uses is unnecessary. As a result, we seek this clarifying language in the statute that specifically excludes certain knives from the dirk/daggerstatute. All folding knives should beexcluded from the definition of “dirk or dagger,” unless they are open and in a locked position, thereby meeting the definition of “capable of ready use.” We should not prevent law-abiding citizens from possessing knives which can be used for a variety of peaceful, utilitarian purposes, such as hunting, fishing, camping, hiking, picnicking, and numerous trades or occupations customarily requiring the use of a knife. The lack of certainty and the contrary interpretations demonstrate that appropriate amendmentsto the statute are necessary. AB 78 would have the effect of codifying the following letter from Assembly Member Diane Martinez which was published in the Assembly Daily Journal on August 31, 1996: This letter is meant to express my intent in authoring AB 1222 in 1995, as well as the intent of the sponsors ofmy legislation, the California District Attorneys Association. Among other provisions,‘the statute prohibits any person from carrying, concealed upon his or her person, any dirk or dagger, Subdivision (c)(24) defines the term dirk or dagger. For several decades, the term “dirk or dagger” wasnot defined in statute. PO. BOX 17516 112 - L STREET, SUITE 210) IRVINE, CALIFORNIA 92713 SACRAMENTO. CALIFORNIA 95814 FLB63D 916-447-2251 FAX: 916-4HOB04 AB 78 (Granlund) -- SUPPORT Page 2 Prior to 1993, the Penal Code did not specifically define dirk or dagger (case law did define a “stabbing” instrument). In 1993, the Legislature enacted AB 1266 (Martinez), which was effective on January 1, 1994, that defined dirk or dagger as “a knife or other instrument with or without a handguard that is primarily designed, constructed,or altered to be a stabbing instrument _ designed to inflict great bodily injury or death.” This “primarily designed” definition proved problematic for prosecutions and,as a result, the Legislature amended the statute again. . In 1995, the Legislature enacted AB 1222 (Martinez), which becameeffective on January 1, 1996. The law now defines dirk or dagger as “a knife or other instrument with or without a handguard that is capable ofready use as a stabbing weaponthat mayinflict great bodily injury or death.” In sponsoring AB 1222, the California District Attorneys Association sought to eliminate the “primarily designed” language which had given rise to . prosecutorial problems and to substitute language aimed at preventing surprise knife attacks by prohibiting the carrying of concealed knives that are particularly suited for stabbing and that are readily accessible to the user. Accordingto a police training video prepared by the Orange County District Attorney whodrafted the “capable ofready use” language contained in the currentstatute, folding knives are not “dirks or daggers,” unless they are carried in an openand locked position. This is due to the fact that, when folded, they are not “capable of ready use” without a numberofintervening . machinations whichgive the intended victim time to anticipate and/or prevent an attack. Thus,the definition of “dirk or dagger” amended by my AB 1222 last year was notintended to prohibit folding knives. I believe this is consistent with the intent of the Legislature. . Buck Knives, based in Ei Cajon, California was founded in 1902 and is a fourth generation, family-owned and operated company. Buck Knives is one of the largest domestic manufacturers of sports cutlery. It does not manufacture knives designed to be used as weapons. Thank you for your consideration. 00305 \ Officers President Ronald D.Jarrel] Sheri Lassen County Js! Vice President Charles B Sherif yrd Siskryou. County on Vice President enn ur Glenn Seymo Madera County Secretory Charles C. Plummer Sherif Alameda County Treasurer Steve Magarian Sherif Fresno County Sergeant-at-Arms Les Weidinan Sheriff Stanislaus County rectors Warren Rupf Sherif Contra Costa County Don MeDonaid Sherif Et Dorado County Sherman Block Past President Sherif Las Angeles County anyfawrer Merced County Brad Gates Past President Orange County BiltKolender San Diego County Thomas Senta Barbara County Shasta County Gary Tinde) Sheri Yubo County uke teutine Director ne Muncy California State Sheriffs’ Association Organization Founded by the Sheriffs in 1894 April 11, 1997 The Honorabie Brett Graniund Assembly Member, 65th District State Capitol Building Sacramento, CA 95814 Dear Assembly Member Graniund: Please be advised that the California State Sheriffs’ Association (CSSA)is no longer opposed to AB 78 as amended March 28, 1997. Should you have any questions or wish to discuss CSSA's position on this legislation, please don't hesitate to contact me. Sincerely, | Alva S. Cooper Legislative Advocate ASC/cmc cc: Assembly Committee on Public Safety Attention: Judith Garvey 2125 - 19th Street, Suite 103 *& P.O. Box 160168. % Sacramento, California 95816-0168 L1041197,D0C Telephone 916/448-4242 % Fax 916/448-2137 - 00306 uppers AG 79 CAUSE April 1, 1997 Califomia Union of Safety Employees 2029H Street Sacramento, CA 95814 1-800-522:2873 916-447-5262OK4472530 tax Honorable Brett Granlund 2900 Bristol Street California State Assembly Suite HOT we State Capitol, Room 4164 Costa Mesa, CA 92626 Sacramento, CA 95814 F~4-800-551-1414 44-FOB-7576 SUPPORT714-708-7582 fax AB 78 SUPPORT - Dear Assemblyman Granlund: The California Union of Safety Employees (CAUSE), representing more than 6,400 state employed peace officers, regulatory investigators and safety personnel, support AB 78. - This bill recognizes a glaring loophole in the law with regard to forensic laboratories and the possession and transport of certain types of evidence, and attempts to correct that problem. CAUSEand the Association ofCriminalists- DepartmentofJustice (affiliated with CAUSE), strongly endorse this corrective measure. Should you have any questions, please call either myself at the CAUSEoffice or CAUSELobbyist Peter Jensen atat (916) 441-0258. Sincerely, HaitiJohn A. Miller Director of Governmental Affairs JAM:tdd The Voice of Law Enforcement, Public Safety & Consumer Protecft0307 | dan Miler Chairman Susan Fisher . Vice Chairman Kelly Rudiger Executive Director Doris | Crime Victims Bureau March 24, 1997 Board and Advisory Members Jennifer Andersor Steve Baker Cynthia Duarte Maggie Elvey Dan Felizzatto Jeff Fraser 1 Lane Judy Luecke Alexandra Matteuce: Evan Miller Paula Myers Anne Poverelio Jacke RavelKnezevich Mike Reynolds Valerie Richards Anne Marie Schubert Patti Tate Christine Ward Ray Wieser Marianne Wrede {partial listing) The Honorable Brett Granlund State Capitol, Room 4164 Sacramento, CA 95814 Re: AB 78 - Support DearAssemblyman Granlund: On behalf of the Doris Tate Crime Victims Bureau, we would like convey our support for AB 78 regarding exemptions for transportation of firearms. Please fee! free to reference our support for the measure in any forum you deem appropriate. Sincerely, Aompsongislative Advocate oris Tate Crime Victims Bureau cc: Assembly Public Safety Committee Minority Consultant 915 | Street, Suite 1120, Sacramento, California 95814 * 1-800-7-VICTIM (1-800-784-2845) * (916) 556-1237 » Fax (916) 556-766 P.O. Box 412. Carlsbad, California 92018 * Phone/Fax (619) 631-2028 00308 bate: sun, 423 Mar LYYy Z3:bd:17, -UdUU From: DAVE PALMER To: brett.granlund@assembly.ca.gov . Subject: AB 78, AB 79 and CCW reform Brett: 1 ould like to thank you for your support/authoring of bills AB 78 and AB 79. JI would also like to thank you for the work you are doing on the CCW reform bill with Assemblyman Rico Oller. Keep up the good work ! Sincerely, Dave Palmer Yucaipa 00309 Bill J. Chapman Prasioant _ California Rifle and Pistol Association, Inc. "+fe. Robert A. Frushon de \ ro 1127 11th Street » Suite 610 « Sacramento, California 95814 Geor evme CALIFORNIA (916) 447-C,R, PA, © FAX,(916) 446-3531 7 sroesure Ceen omnes 1scuneeDiocke ESTABLISHED 1929 Geraid H. Upholt Manager - Governmental Affairs January 31, 1997 The Honorable Brett Granlund California State Assembly P.O. Box 942849 — Sacramento, CA 94249 Dear Assemblymember Granlund: RE: AB 78 Firearms: Transporting exemption Position: Support as introduced December 18, 1996 This is to notify you of the support of the California Rifle and Pistol Association for legislation introduced by you, AB 78, that would provide for the lawful transportation of firearms "found" by a person to a law enforcement agency; that allows anyone convicted of an offense subject to the 10-year prohibition on the possession of a firearm prior to that offense being added to the 10-year prohibition list to apply to the courts forrelief; and which seeksto clarify the provisions relating to the prohibition against the possession of a dirk or dagger concealed upon the person. Manager of Governmenté] Affairs ce: Assembly Public Safety Committee An Organization ofSportsmen Dedicated to the Preservation ofOur American Heritage 00310 CAnPENTER SNODGhLASS & ASSOCIATES MEMORANDUM March 17, 1997 TO: Simon Haines, Senate Criminal Procedure Committee Judith Garvey, Assembly Public Safety Committee Charlie Fennessey, Governor’s Office FROM: Chris Micheli _ on behalf of Buck Knives and the Sports Cutlery Coalition RE: Proposed Legislation on P.C. Section 12020 -- “Dirk or Dagger ” Definition As you know, many knife manufacturers(including our client), customers and distributors have been quite concerned with the 1995 legislative amendments made to California Penal Code Section 12020(c)(24).. Based upon our discussions with CDAA, I have attempted in this memo to summarize the developmentofthe “dirk or dagger” statute, explain‘our concerns with the current statute, and suggest amendments to the law for your consideration which we would like to enact this Session. Proposed changesto the statute are currently contained in AB 78 (Granlund). Background on Dirk/Dagger Statute. Catifornia Penal Code Section 12020 concerns the unlawful manufacture, carrying or possession of certain weapons. The Legislature’s purpose in enacting Section 12020 was to — condemn weapons common to the criminal’s arsenal and to outlaw instruments that are ordinarily -used for unlawful purposes. People v. Wasley (1966) 245 Cal.App.2d 383; Bills v. Superior Court (1978) 86 Cal.App.3d 855; People v, Garrett (1987) 195 Cal.App.3d 795. Among other provisions, the statute prohibits any person from “carrying concealed upon his or her person any dirk or dagger.” Violation of the statute is punishable as a felony. Subdivision (c)(24) defines the term dirk or dagger. However, for several decades, the term “dirk or dagger” was notdefinedin statute. . In 1967, the Supreme Court of California, for the first time, considered the term “dirk or dagger.” In People v. Forrest, the Court reasoned the Legislature understood the term “dirk or dagger” did not include all knives. The Court developed the “primarily designed for use as a stabbing weapon” test. Dirks and daggers wereoriginally used in dueling and required blades locked into place to beeffective because they were weapons designed primarily for stabbing. The Court in Forrest found that a pocket knife could not be a dirk or dagger. O. BOX 17516 WINE, CALIFORNIA 92713 8G34M} (121 - L STREET, SUITE 219 SACRAMENTO,CALIFORNIA 944) 4 916-447-2251 FAX: e802 311 Memore: P.C. Sec. 12020 March 17, 1997 Page 2 Other courts followed the Forrest case languagein interpreting this section of the Penal Code. The test of a dirk or dagger was whether the instrument was designed primarily for stabbing. Hence, an instrumentis not a dirk or dagger where it was designed only for use as a cutting tool and notprimarily for stabbing. Bills v. Superior Court (1978) 86 Cal.App.3d 855. Prior to 1993, the Penal Code did not specifically define dirk or dagger (case law did define a “stabbing” instrument), In 1993, the Legislature enacted AB 1266 (Martinez) (Stats. 1993, Ch. 357), which becameeffective on January 1, 1994. That bill defined dirk or dagger as “a knife or other instrument with or without a handguard that is primarily designed, constructed, or altered to be a stabbing instrument designed to inflict great bodily injury or death.” This “primarily designed” definition proved problematic for prosecutors and, as a result, the Legislature amended thestatute again. In 1995, the Legislature enacted AB 1222 (Martinez) (Stats. 1995, Ch. 128), which becameeffective on January 1, 1996. The law now defines dirk or dagger as “a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that mayinflict great bodily injury or death.” Once again, we believe that the intent of the Legislature is to limit the types of instruments that fall under Penal Code Section 12020. “In view of the possible greater punishment for concealed possession of a dirk or dagger, it would not seem reasonable to conclude that the Legislature used those terms broadly. It should also be pointed out that the other instruments mentioned in Section 12020 are either items having no substantial innocent purpose (like a blackjack), an instrument ordinarily having an innocent purpose but constructed or altered for violent purposes (such as a sawed-off shotgun), or a highly dangerous item (an explosive substance). Thus, the Legislature did not include all knives within the terms dirk or dagger.” People v, Bain (1971) 5 Cal.3d 839, In sponsoring AB 1222, the California District Attorneys Association sought to eliminate the “primarily designed” language which had given rise to prosecutorial problems and to substitute language aimed at preventing surprise knife attacks by prohibiting the carrying of concealed knives that are suited for stabbing and that are readily accessible to the user. Unfortunately, we do not think this intent is reflected in the current statutory language. According to the Assembly Public Safety Committee’s analysis on AB 1222, “[t]he requirementin the bill that the dirk or dagger be capable of ready use as a stabbing weapon would seem to preclude a folding pocket knife from being included within this definition, consistent with settled case law.” 00312 Memore: P.C. Sec. 12020 March 17, 1997 Page 3 In addition, accordingto the police training video prepared by the Orange County District Attorney who drafted the “capable of ready use” language containedin the current statute, folding knives are not “dirks or daggers,” unless they are carried in an open and locked position, This is due to the fact that, when folded, they are not “capable of ready use” without a number of intervening machinations which give the intended victim time to anticipate and/or prevent an attack. Similarly, a letter written by Larry Brown to Assemblyman Poochigian on May 18, 1995 asserted that folded pocket knives concealed on the person are not included within the revised definition of “dirk or dagger” under AB 1222. Hestated in his letter that “a knife whichis folded would not be capable of ready use as a stabbing weapon, since it would require the affirmative act of unfolding the blade.” While this appears to be an appropriate and plausible interpretation of the “capable of ready use” language, once again, we are concerned that the statute could be interpreted differently and actually has been interpreted differently. CDAA hasindicated that the definition of “dirk or dagger” amended by AB 1222 was not intended to prohibit folding knives. While we believe this is consistent with the intent of the Legislature, the languagein the statute is not clear on this point. That is the key reason that we would like to amend the statute so that this point and others are clear, rather than be subject to interpretation (perhaps the wronginterpretation) by a judge or jury in the future, let alone law enforcement. Concerns Are Justified There is some lack of concern expressed by those with whom we have spoken about the need for clarifying amendments to Section 12020. However, there is plenty of evidence that justifies our concerns with the lack of guidance in the statute. For example, a February 6, 1996 “Watch Briefing” issued by the Crescenta Valley Police Department states that “[t]his new definition would include any locking blade knife or fixed blade knife concealed onthe person in a position where it can bereadily retrieved for use as a weapon.” It goes on to specify that one particular knife is a perfect example of what the statute is intended to cover: “One excellent example, seen frequently oflate, is the ‘SPYDERCO’locking blade knife. Your friendly Watch Commander would probably approve a 12020 P.C. booking of anyone carrying this knife concealed on the person.” Not only are these statements clearly contrary to the intent expressed by the sponsors ofAB 1222,butalso they are ofgreat concern to knife manufacturers, especially because the locking blade knife is one of the most popular products today. 00313 Memore: P.C. Sec. 12020 March 17, 1997 Page 4 In addition, we would suggest a review of the transcript from the March 28, 1996 court trial in People v. Troy Michael Smith (No. 6NE00086). The Deputy D.A.prosecuting the case argued that the new definition under AB 1222 requires that “two things are looked at: the - situation that we find the knife in and then the design of the weaponitself.” The Court stated that the knife in this case was “capable of ready use as a stabbing weapon” because “(i]t can be opened very quickly and with onehand.” The judge also stated that “some indication that the user or possessor of the weaponintendsto use it as a dirk or dagger”is also indicative of aviolation of § 12020. Neither the prosecutor nor the judge in this case argued the intent expressed by the sponsors of AB 1222 in adopting the revised definition of dirk or dagger. Moreover, the - statements were quite disconcerting for those who read the transcript as they were contrary to existing case law, as well as theliteral reading ofthe statute. Finally, a quick survey by two knife companies last July found that they were aware of several instances in which their customers were charged under Section 12020 for carrying a folding, locking knife. While some of these charges were dismissed, other defendants were fined or pled guilty to a lesser charge. We are receiving more anecdotal evidence on a regular basis from persons statewide who have been arrested or charged for violating Sec. 12020 because they are carrying a one-handed knife. . Obviously, there is confusion among law enforcement, prosecutors and the judiciary ‘ concerning the definition of “dirk or dagger.” Moreover, as you can see, these interpretations do not follow the assurances given by CDAA that the statute was not intended to cover pocket knives or folding knives. This evidence demonstrates that our concernsarefully justified and that amendments are needed to this statute. In our opinion, Section 12020(c)(24) is an overly broad statute which could lead to discriminatory enforcement. There are already sufficient penalties for the wrongful use or brandishment of a knife. Mere possession of a knife which has many legitimate uses is - unnecessary, As a result, we wouldlike to have clarifying languagein the statute that specifically excludes certain knivesfrom the dirk/daggerstatute. | All folding knives should be excluded from the definition of “dirk or dagger.” Folding knives that lock should also be excluded from the definition as the locking mechanism was designed as.a safety feature and not for stabbing efficiency. In addition, locking knives are no more “capable of ready use” than a non-locking knife. We should not prevent law-abiding citizens from possessing knives which can be used for a variety of peaceful, utilitarian purposes, such as hunting, fishing, camping, hiking, picnicking, and numerous trades or occupations customarily requiring the use of a knife. The lack of certainty and the contrary interpretations as set forthabove clearly demonstrate that appropriate amendmentsto the statute are necessary, 00314 Memore: P.C. Sec, 12020 March 17, 1997 Page 5 Suggested Language In light of the foregoing, representatives of Buck Knives and I discussed this matter with representatives of CDAA. Pursuant to those discussions, we proposed to CDAA the following amendments to California Penal Code Sections 12020 (c)(24) and (d): (c)(24) As used in this section, a “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that mayinflict great bodily injury or death. A non-locking folding knife or a pocket knife is not “capable of ready use” within the meaning of this section. A folding knife with a locking blade is not “capable of ready use” within the meaning of this section unless it is carried in an open and lockedposition. This provision is consistent with Orange County Deputy D.A. Rutledge’s interpretation of the legislative intent behind this statute (as expressed on his police training video). This provision is also consistent with the languagethat the knife mustbe “capable of ready use.” (¢)(25) “Concealed upon his or herperson” shail not include anyfolding knife orpocket knife that is carried by a belt clip or in a backpack, toolbelt, tool box, tackle box, briefcase, suitcase, purse, or other similar container used to carry or transport possessions. (d) Knives carried in sheaths which are worn eperly suspended from the waist of the wearer are not concealed upon his or herperson within the meaning ofthis section. A fixed blade knife worn in a sheath which is covered by outerwear, such as during cold or inclement weather, should fall under this section as well. Once again, these provisions are consistent with Deputy D.A. Rutledge’s interpretation of the legislative intent behind this statute (as expressed on his police training video). Moreover, as he specifies in an August 23, 1994letter to Assemblywoman Martinez, “[nJor does the section prohibit carrying knives openly, in. belt sheaths (thereby accommodating the hunter and fisher).” I should point out that CDAA expressed opposition to our proposed amendments set forth above. Nonetheless, CDAA has agreed that it would be appropriate to discuss these concerns and any proposed amendments to Section 12020, In the meantime, CDAA committed to do the following three things: 1. A letter to the Assembly Daily Journal was placed on August 31, 1996 by Assembly Member Diane Martinez indicating legislative intent in enacting AB 1222. The letter is attached for your reference. 00315 Memore: P.C. Sec. 12020 March 17, 1997 Page 6 2. Devallis Rutledge wrote an article for Knives Illustrated magazine, a copy of which is attached for yourinformation.- 3. CDAA ran an article in its monthly magazine and reprinted the Martinez letter. A copy ofthe article is attached. Thank you for your prompt attention to this matter. I look forward to discussing this important issue at your earliest convenience, cc: Irwin Nowick Steve Boreman, Dept. of Justice Ash Givargis, Assemblyman Granlund C.J. Buck & Lisa Sanderson, Buck Knives 00316 05/09/97 FRI 16:30 FAX 3222630 LEGISLALLYE APF ALKS WSULY w/ VY DANIEL E, LUNGREN | ‘State of California Attorney General . DEPARTMENT OF JUSTICE 1300 ESTREET, SUITE 125 P.O. BOX 944255 SACRAMENTO,CA 94244-2550 Public: (916) 445-9555 Facsimile: (916) 324-8835 _ (916) 324-5442 March 5, 1997 Dana K. Drenkowski, Esq. 740 West TexasStreet, Suite 301 Fairfield, CA 94533 Don B. Kates, Esq. 920 Arline Way Novato, CA 94947 RE: Dayacamos y. Department ofJustice Sacramento County Superior Court Case No. 96 CS 01471 Gentlemen: Enclosed please find a copy ofthe transcript from the February 7, 1997, hearing before Judge Cecily Bond. As noted in the transcript, Judge Bond directed that her statements be transcribed by the reporter and attached to the clerk's minutes as the Court's Statement of Decision. I will await receipt ofyour proposed order, and J trust that it will conform to the judge's Statement. As set forth in my previousletter objecting to Mr. Drenkowski's proposed order, the judge wasclearly aware that this was nota class action, she did not indicate anyintent to apply the ruling retroactively, and sheleft the issue ofattorney fees to be handledby an appropriate motion. _ Sincerely, DANIEL E. LUNGREN Attorney General EG:]jt 00317 05/00/97 FRI 16:90 FAA 3222650 - LEGISLATIVE APFALKDS wyuLi — _ — o t a A A FF 8 HW HF S F B ew e A aA A eB DO HB EK SD N o o o ~ n A w m & &s d n o ~/ —/ DANIEL E, LUNGREN,Attorney General t - of the State of California LINDA A, CABATIC, Supervising Deputy Attomey General EILEEN GRAY,(State Bar No. 95770) Deputy Attormey General 1300 I Street, Suite 125 Post Office Box 944255 Sacramento, California 94244-2550 Telephone: (916) 324-5442 | Attorneys for Defendant CALIFORNIA DEPARTMENTOF JUSTICE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO | ; P_ J. DAYACAMOS, ) Case No. 96 CS 01471 Plaintiff, [PROPOSED] JUDGMENT v. GRANTING WRIT OF MANDATE, ) PERMANENT INJUNCTION, AND DEPARTMENTOF JUSTICE, STATE OF DECLARATORY RELIEF CALIFORNIA, . Defendants. This cause came on regularly for hearing on February 7, 1997, before The Honorable Cecily Bond, Department 45, Sacramento County Superior Court. Dana Drenkowski and Don B. Kates appeared for petitioner Dayacamos. Deputy Attorney General Eileen Gray appearedon behalf ofrespondent DepartmentofJustice. After consideration of the pleadings, points and authorities, and argument of counsel, the Court orally rendered its Statement ofDecision granting the petition for writ ofmandate and prelimmary injunction and its declaration regarding the constitutional validity ofWelfare and Institutions Code section 8103(f) and the related provision for judicial review, subsection (f)(4). A true and correct transcription ofthe Court's Statement is attached hereto marked Exhibit A. df 00318 ~ %, ¢ 05/08/97 FRI 16:30 FAX 3222630 LEGISLATIVE AFFAIRS 1g018 _ — e o b d w m B R m e m e te s S P N X R R R B B b © S F C O R a A a A E R E D H E S S o e dW A W kh Ww ON IT IS HEREBY ORDERED that a Peremptory Writ ofMandate,in the form attached hereto marked Exhibit B, shall issue against respondent DepartmentofJustice. IT 1S FURTHER ORDEREDthat the Department ofJustice is hereby restrained from notifying firearms dealers that they must deny the sale and/or transfer of a firearm pursuant to Penal Code sections 12072(c\4) and 12076(d) on the basis ofWelfare and Institutions Code section -8103(£) based upon information in the Department's files indicating that the proposedownerofthe firearm has beenthe subject ofa 72-hour involuntary hold pursuant to Welfare and Institutions Code section ° 150. IT IS FURTHER ORDEREDthat the Court hereby declares, as morefully set forth in its oral Statement ofDecision, that Welfare and Institutions Code Section 8103(£)(4), on its face and as applied, violates the Fourteenth Amendmentto the United States Constitution andarticle I, section 7 ofthe California Constitution. Section 8103(f)(4) ofthe Welfare and Institutions Code constitutes a denial of due process because thefirst opportunity for judicial review ofthe firearms prohibitions compels the ownerto initiate the action. IT 1§ FURTHER ORDERED thatthis judgmentis hereby stayed until January 1, 1998, to allow the Department ofJustice sufficient time to refine its database and time in which to seek statutory changes consistent with this Court's findings regarding due process. ‘The Court takes no action on petitioner's claim ofentitlementto attomeys' fees. Petitioner may pursuesuch claim by motion. Dated: i(tttCt~*sé«CS«C‘dS JUDGE OF THE SUPERIOR COURT 00319 05/09/97 FRI 16:31 FAX 3222690 LEGISLALLYE APFALKS wus — _ | o w C O N I N O A l U l U P U l U W w h L U CU D m e m e s O o @ J F h w w e f h W S W Y K Y S C n h | 2 w 2s S R R E E S E S Qa WY PEREMPTORY WRIT OF MANDATE TO RESPONDENT DEPARTMENT OF JUSTICE: | Youare hereby commanded to take the following actions in reviewing requests from firearm dealers for clearance to complete the sale and/or transfer of firearms. 1. You maynot deny a clearance based upon a checkofrecords as authorized by Penal Code section 12076(d) which indicate the named recipient ofthe firearm sale or transfer has been detained pursuant to Welfare and Institutions Code sections 5150, 5151, or 5152. 2. You will file a return to this writ on or before January 1, 1998,identifying steps you have taken to comply with this peremptory writ. IT IS ORDEREDthata copy ofthis writ shall be served on the DepartmentofJustic within 24 hours ofits issuance. Dated:: 1997 JUDGEOFTHE SUPERIORCOURT 00320 05/09/87 FRI 16:31 PAX J322z0sv _ LEGISLATIVEAFFAING weyev MS, . , NL, IN THE SUPERIOR AND MUNICIPAL COURTS STATE OF CALIFORNIA, COUNTY OF SACRAMENTO HON. CECILY BOND, JUDGE, DEPARTMENT 45 --900-~- P.J. DAYCAMOS, ) | Petitioner, 5 vs. ) No. 960801471 DEPARTMENT OF JUSTICE, | Respondent. COPY -~000-- REPORTER'S TRANSCRIPT OF PROCEEDINGS PETITION FOR WRIT OF MANDAMUS COURT’S STATEMENT OF DECISION FRIDAY, FEBRUARY 7, 1997 -~OQ00-~ APPEARANCES: For the Petitioner: DANA K, DRENKOWSKI, Attorney at Law DON B. KATES, Attorney at Law Sacramento, CA For the Respondent: Office of the Attorney General State of California, Department of Justice BY: EILEEN GRAY, Deputy Attorney General 1300 I Street Sacramento, CA 95814 --O00-- Reported by: Cheryl R. Redlich, CSR No. 4362 ~~o00-- CHERYL R. REDLICH, CSR No. 4362 SACRAMENTO OFFICIAL COURT REPORTERS 00321 US/US wT FRL L06:91 FAA vaecenuy . LOWIVbALYD APraAnAD ey ek — _ » 6 s w N Y N N O N M A W O N O R w e u k m k t i k o t a a f F W w N e K H S G B e e e H t H H e ® W w H Y t s o O K Y a A a n w m m w o w o D Ne . YY, 25 and the State have the primary obligations. THE COURT: Submitted? MS. GRAY: Submitted, your Honor. MR. KATES: Yes. THE COURT: I have looked at this carefully. And I first want to make clear -- and this will be the Court’s - decision with respect to this matter, and I will ask that the court reporter to prepare this part of the record only, and I will ask the clerk to attach that to her minutes and incorporate it in the minutes. That will constitute the Court's statement of decision. I have looked at this carefully. I first want to make clear that the only challenge that is being made to Welfare and Institutions Code section 8103 is to subdivision (f£). That is the only provision of 8103 which has been called into question in this case. All the other provisions, as I indicated earlier, do clearly flow as consequencesfrom an adjudication either of mental incompetence or criminal liability or conservatorship, or where there has been a certification of a person so that the 5150 hold would continue. | None of those sections are cailed into question, and the Court has no problems or questions with the applicability and constitutionality of each of those sections, so it is only subdivision (£) we’re dealing with. | ‘Subdivision (f) is etartlingly different than the others because it does permit serious consequences to flow CHERYL R. REDLICH, CSR No. 4362 25 SACRAMENTO OFFICIAL COURT REPORTERS ; 00322 U5/UU/8T FRI 16:32 FAX 3222630 LEGISLATIVE AFFAIRS 022 — _ w e w w w o N w w n N a w a — = - _ = = - _ — _ a y = a o « J n w = a l N = © s o a a O O w o k a N S _ Lf / 26 o w e O N HA HM eB YW ON merely fromthe institution of a 5150 hold. | I believe that the consequences that flow from that and that that section, both on its face and as it is applied in this particular case with respect to Ms. Daycamos, are unconstitutional and violative of both the federal and state constitution. It does not provide for any sort of meaningful hearing nor notice and a meaningful hearing prior to the deprivation of the ability to either possess, own, control, receive, purchase a firearm. And I think that’s what’s required by procedural due process. I think that’s clear from the Bryte case, and ' especially true from the Menefee case. That's -Menefee_& Sons versus D tme ood & Agri re, 199 Cal.App.3d 774, Maxch 1988 case; and Bryte is 207 Cal.App.3d 687, 1989 case that dealt actually with the seizure statute 61.2. But I think there is an analogous situation there. To merely hold a person whose status is changed because somebody has put a hold on them under 5150, and they, therefore, have suddenly the burden to show they are able to have a gun without having any opportunity for any kind of meaningful hearing, I think is clearly violative of the basic tenants of due process. I think that the analogous language in Menefee is very clear here where a judicial proceeding is the owner’s first and only opportunity to have a hearing on the merits. In that case, they were talking about a seizure. CHERYL R, REDLICH, CSR NO. 4362 26 SACRAMENTO OFFICIAL COURT REPORTERS 00323 VOCUNsSUF PNA LUIS FAA 9222090 LEGISLALVIVE APFALKS WVUEy — _ = N O N S B H A F 8 BN D O N O N O R m t k e t s a o n a m & # W B N M =@ = S& S O W @ 2 O A Ww W b h Ww W A w = A ( , : VS { 27 o 8 O e l U M G N M L U A C C U a l O O But 1 think the right to own, possess or control weapons or guns or property ig also a fundamental right of citizenship and fundamental right that the constitution protects; then it is essential the Department be required to bear the burden of proof on all issues. And so this statute does not provide -- it provides exactly the opposite, puts the burden of proof on the person who has had a holdwithout any determination as to whether that hold was justified or not. And I think that just violates due process. I am going to grant the writ, There was a request for fees under both 1021.5 and 42 U.S. Code 1988, I will grant costs to petitioner pursuant to a cost bill. Sut nobody has either briefed or dealt with the issue of attorneys’ fees, and so I will allow you to bring a motion for fees under those sections so that both sides will have an opportunity to address those issues. | So I will make no ruling as to fees at this time, address that in that way. | MR. KATES: Your Honor, I am not sure the Attorney General at this position -- at this point is ina position to decide this, but it seems to me that if the Attorney General is going to appeal the case, it would be premature to bring a motion for fees and just waste of your time and everybody’s time to do this. Perhaps we can have some kind of agreement that we'll not bring such a motion -~ I am not familiar with the CHERYL R. REDLICH, CSR No. 4362 27 SACRAMENTO OFFICIAL COURT REPORTERS 00324 us/UY/Y7 FKL 16:32 FAX 3222630 LEGISLATIVE AFFAIRS gjo24 — s o 8 o a N H O H F H U m l U W w D L U N UW! a, 28 local rules about when we have to bring such a motion. In L.A. it has to be brought within 60 days. THE COURT: I don’t know that we have a time period in any local rules, but I think you do have to now bring a request for fees by motion rather than by a cost bill. MR. DRENKOWSKI: Absolutely, your Honor. THE COURT: As used to be the case, you would ask for fees and cost bill; but as I understand it now, that rule has changed. You have to bring an actual motion for tees. | I would have no objection to allowing you to file your motion and have that hearing on that. delayed or not heard, if there is going to be an appeal. However you want to handle it, that’s fine. I am just trying to preserve your right, both of you, to have an opportunity to be heard on that issue before it is decided. MR. KATES; Thank you very much, your Honor. I think what we'll do is consult with opposing counsel and decide what would be the most expeditious way and most economical way to save the Court's resources and everybody's resources. MS. GRAY: Until we know where we're going on this, there is no need to deal with that today. . Had your Honor finished with the tentative ruling then or the statement of decision? | THE COURT: Yes, I believe so. MS. GRAY: My only question then, you've indicated that you would be issuing a -- granting a Writ of Mandate. CHERYL R. REDLICH, CSR No. 4362 "28 SACRAMENTO OFFICIAL COURT REPORTERS 00325 05/09/97 FRI 16:33 FAX 3222630 a h o o o N H M w e f e Y U N N w N H N B S O N O N ON D O R m k w m a a ka k 1 r h o w & W H N H - S F w o GS B H H t h m h U w w & L U e N l C U N a LEGISLATIVE AFFAIRS . 025 / . a 29 What precisely ig the Court ordering the Department of Justice to do? | THE COURT: That writ of Mandate ~- I was going to ask petitioner to draft that in accordance with the ruling that the Court has made and to submit it to counsel before you submit it to the Court. Sut I envision that what it would mean is that subdivision (£) could no longer be enforced because it has been held to be unconstitutional. I suspect that some of this infirmity could be modified and changed and rectified by the Legislature, obviously. That may be something you want to explore. I think clearly its infirmity could be rectified. I am not going to rule on that. MS. GRAY: Your Honor, I wanted to clarify that this was not a class action. THE COURT: No. But it is a taxpayers’ suit as well as Ms. Daycamos individually sued; that's why I held on itg Face ag it applied to her, which means it is invalid, which means it can no longer be enforced because it is unconstitutional, MS. GRAY: I understand. It is just a question of, I believe then the permanent injunction under the taxpayer action would be an appropriate judgment. THE COURT: That may well be the form in which it takes. MR. KATES: This is also a citizens mandamus, which means it can be done in either or both forums. And 1 think what we will do is a mandatory ~- a writ of mandamus, CHERYL R. REDLICH, CSR No. 4362 29 SACRAMENTO OFFICIAL COURT REPORTERS 00326 05/09/97 FRI 16:33 FAX 3222630 LEGISLATIVE AFFAIRS wWuseV / f - . . ) f 30 mandatory injunction, and conceivably a prohibitoryai injunction, as well. | THE COURT; All right. I leave that forum to you, I would like you to submit it to counsel first. If there are any problems, we'll deal with it. Thank you very much, (Proceedings concluded. ) ~-900-~ o l U w O m l C T H U G S C U D CHERYL R. REDLICH, CSRNo. 4362 30 SACRAMENTO OFFICIAL COURT REPORTERS 30397 vusuys at Nd LOT00 HAA 3S2205U LEGISLATIVE AFFALKS waves ae’ . Ne 31 . 1 CERTIFICATE OF OFFICIAL SHORTHAND REPORTER 2 State of California ) 3 County of Sacramento ) a 4 I, Cheryl R. Redlich, hereby certify that 2 am an 5 (Official Certified Shorthand Reporter and that at the time 6 and place shown I recorded verbatim in stenographic writing 7 the proceedings had in the following described action 8} completely and correctly to the bestof my ability: 9 Court: MUNICIPAL AND SUPERIOR COURT Judge: HONORABLE CECILY BOND 10 Department: 45 Case Name: P.J.DAYCAMOS, Petitioner | " DEPARTMENT OF JUSTICE, Respondent 12 Case Number: 96CS01471 13: Date: Friday, FEBRUARY 7, 1997 14 I further certify that my said stenographic notes 15 have been transcribed into typewriting and that the 16 preceding 30 pages constitute an accurate and complete 17. transcript of all of my said stenographic writing forthe 18 date(s) and matter specified. 19 Dated: a * Copy 21 ~ Cheryl R. Redlich, CSR No. 4362 22 ~~000-~+ 23 24 25 26 27 28 CHERYL R. REDLICH, CSR No, 4362 31 SACRAMENTO OFFICIAL COURT REPORTERS 00328 Sept. I, 1996 ASSEMBLY JOURNAL 9163 REQUEST FOR UNANIMOUS CONSENTTO PRINT IN JOURNAL Assembly Member Martinez was granted unanimous consent that the following statementoflegislative intent be printed inthe Journal. Lagislativa Intent—Assambly Bill No, 1222 August 30, 1996 E. DOTSON WILSON Chief Clerk of the Assembly State Capitol, Room 3196 Sacramenio, California Dear Mr. Wilson: This letter is meant to express my intent in authoring AB 1222 in 1993,as well as the intentof the sponsors ofmy legislation, the California District Attorneys Association. Among other provisions, the statute prohibits any person from carrying, concealed upon his or her person, any dirk or dagger. Subdivision (c) (24) defines the term dirkor dagger. For several decades, the term “dirk or dagger” was not definedin statute. Prior to 1993, the Penal Code did not specifically define dirk or ’ dagger (case law did define a “stabbing” instrument). In 1993, the Legislature enacted AB 1266 (Martinez), which was effective on January 1, 1994, that defined dirk or dagger as “a knife or other instrument with or without a hand guardthatis primarily designed, constructed,or altered to be a stabbinginstrumentdesignedto inflict great bodily injury or death.” This “primarily designed” definition proved problematic for prosecutions and,as a result, the Legislature amendedthe statuteagain. In 1995, the Legislature enacted AB 1222 (Martinez), which became effective on January 1, 1996. The law nowdefines dirk or dagger as “a knife or other instrumentwithor without a hand guard that is capable of ready use as’a stabbing weapon that may inflict great bodily injury or death.” In sponsoring AB 1222, the California District Attorrieys Association sought to eliminate the “primarily designed” language which had given rise to prosecutorial problems and to substitute language aimed at preventingsurprise knife attacks by prohibiting the carrying of concealed knives that are particularly suited for stabbing and that are readily accessible to the user. According to a pcolice training video prepared by the Orange County District Attorney who drafted the “capable of ready use” language contained in the currentstatute, folding knives are not “dirk or daggers,” unless they are carried in an open and locked position. This is due to the fact that, when folded, they are not . “capable of ready use” without a number of intervening machinations that give the intended victim timeto anticipate and/or prevent an attack. Thus, the definition of “dirk or dagger” amended by my AB 1222 last year was not intendedto prohibit folding knives. I believe this is consistent with the intent of the Legislature. Warmest regards, DIANE MARTINEZ, Assembly Member Forty-ninth District 00329 The documents following thispage were | | photocopiedfromthe Senaté Rules Committee’s file on this legislation. 00330 2SENATE RULES COMMITTEE Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 THIRD READING BillNo: AB78— | Author: Granlund (R) Amended: 7/7/97 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMIFTEE: 8-0, 6/10/97 AYES: Vasconcellos,» Rainey, Burton, Kopp, McPherson, Polanco, Schiff, ' Watson . ASSEMBLY FLOOR: 76-0, 4/17/97 SUBJECT: Dangerous Weapons’ Control Law: clarifying changes SOURCE: Author DIGEST: This bill makes aa variety of changes to the Dangerous Weapons’ ControlLaw. Senate Floor Amendments of 7/7/97 provide for prior notice to be given to a law enforcement agency prior to the delivery of a weaponto that agency. Senate Floor Amendments of 6/30/97 delete proposed changespertaining to persons subject to a72-hour hold/observation and add double-joining language. Senate Floor Amendments of 6/23/97 delete provisions relative to "dirks or daggers" and add double-joining language. . CONTINUED 00331 Page 2 ANALYSIS: Existing law providesthatit is illegal to carry a concealed handgun on one's person or in a vehicle. ‘There are numerous exemptions from this prohibition. This bill provides thatin ail situations where an individual is transporting a firearm to.a law enforcement agency, prior notice be given to that agency prior to delivery ofthe weapon. This bill adds additional exemptions for persons whofindthe firearm in order to return it to an owneror to a law enforcement agencyfor disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). Existing law prohibits the manufacture, import, sale, giving, fending, or possession of specified weaponsand firearms. This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm who,after prior notice is given to the agency,is” transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possessionofany weapon, device, or ammunition by a forensic laboratory or any authorized agent or employeethereofin the course and scope ofhisor her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession ofarmor-piercing ammunition. This bill adds to the exemptions from that prohibition such ammunition _ possessedby a personnototherwise prohibited from possessing a firearm or ammunition if that person, after prior notice is given to the agency,is transporting it to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. “This bill creates an exemption from that prohibition for those persons by | making it "justifiable" for them to possess firearmsthey find ortake from persons committing a crime against them,and if they follow specified 00332 CONTINUED AB7 Page 3 o O procedures to deliver them to a law enforcement agency for disposal. Such a defendant would have the burden ofproving by a preponderanceofthe evidencethatthey are subject to this new exemption and mustgive prior notice to the agencyprior to the delivery ofthe firearm. Existing law provides that any person whois subject to the prohibition on owning, possessing, or havinga firearm underhis or her custody or control because of specified misdemeanorconvictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. This bill deletes that reference to "January 1, 1991" and changesit to “that offense being added to"thelist of offenses which triggers the prohibition. Existinglaw allows the DepartmentofJustice (DOJ) to assign a distinguishing number or markto a "pistol or revolver" which is without such a mark. This bill changes thatprovision to allow the DOJto assign a number to any “firearm,” Existing law makesit a misdemeanorfor any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell,or possess ~ anypistol, revolver, or other firearm with changed, altered, or obliterated identification marks, ; This bill exempts from this provision personsin specified classes, including certain on duty peaceofficers and persons transporting a firearm to a law enforcement agency for disposition,as specified. Existing law prohibits persons otherwise prohibited from possessingfirearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they foundthe ammunition or tookitfrom a person committing a crime against him or her and if they follow specified proceduresto deliverit to a law enforcement agency for disposal. Such a defendant would have the burden ofproving by a preponderanceofthe evidence that they are subject to this new exemption. This bill makes related changes to the Dangerous Weapons’ Control Law. , CONTINUED — 00333 : rd & oO cn This bill is double-joined with AB 1211(Aroner) and AB 688 (Bowler). FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT: (Verified 7/8/97) Attorney General California Union of Safety Employees Buck Knives California Attorneys for Criminal Justice California State Sheriffs Association ARGUMENTS IN SUPPORT: According to the author, "AB 78 addresses certain 'odds and ends' weaponsissues that have cometo light by virtue of the lost and found property issue and twoissuesraised by constituents of mine. "The main issuerelates to the transportation and possession ofweapons that individuals discover and attempt to turn over to local law enforcement agencies. This 1issue was raised in connection with the recovery of lost property." RJG:sl_ 7/8/97 ‘Senate Floor Analyses . .SUPPORT/OPPOSITION: SEE ABOVE hkk “END hake 00334 . SENATE RULES COMMITTEE : Office of Senate Floor Analyses 1020 N Street, Suite 524 Ld, nt (916) 445-6614 Fax: (916) 327-4478 aN : THIRD READING - Bill No: AB 78 Author: Granlund (R) Amended: -60/97-in-Senateoh Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, Polanco, Schiff, Watson ASSEMBLY FLOOR: 76-0, 4/17/97 SUBJECT: Dangerous Weapons’ Control Law: clarifying changes. SOURCE: Author DIGEST: This bill makes a variety of changes to the Dangerous Weapons' Control Law. Senate Floor Amendments of 6/23/97 delete provisionsrelative to “dirks or daggers" and add double-joining language. Senate Floor Amendments of 6/30/97 delete proposed changes pertaining to persons subject to a 72-hour hold/observation and add double-joining Lb. language. Ca AO Ae Gum tee me sem) Oy PGE. Gover pe te aba dibtan Dy a enfem ANAL tS: Existing law vrovides that it(illegaltoto carry a concealed aie handgun on one's person or in a vehicle. There are numerous exemptions- from this prohibition. . 42 CONTINUED _ 00335 - anecshia?Ye»| PaewaponBig — a~—AB 78 Hip2. Le! bivten te A bid fene.tameLs BeEocdony |] Phin. 2 This bill adds addifional exemptions for persons who find the firearm in order to return it to an owneror to a law enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). Existing law prohibits the manufacture, import, sale, giving, lending, or possession of specified weaponsandfirearms. Upl prove worleic Bote b the Br This bill exempts from that pofiton any person not othérwise prohibited from possessing a firearm who/is transporting that firearmto‘a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition bya forensic laboratory or any authorized agent or employee thereof in the course and scope ofhis or her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession ofarmor-piercing ammunition. be _— whee Gri note ogee © He AS. This bill adds to the exemptjofis from that prohibition such ammunition possessed by a person notptherwise prohibited from possessing a firearm or ammunition if that person,is transporting it to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing anyfirearm or ammunition. This bill creates an exemption from that prohibition for those persons by _ making it "justifiable" for them to possess firearms they find or take from persons committing a crime againSt them,and if they follow specitied procedures to deliver them to a law enforcementagency for disposal. Such a _ defendant would have the burden ofproving by a preponderance ofthe , parler evidencethat they are subject to this new exemption. ww he Ageney Paro fo REx Ailerrtny t) foe. pro visti law provides that any person whois subject to RAprohibition on — owning, possessing, or having a firearm underhis or her custody or control because ofspecified misdemeanor convictions prior to January 1, 1991 may ' petition the court only once for relief from the prohibition. 00336 CONTINUED Page 3 This bill deletes that-reference to "January 1, 1991" and changesit to "that offense being added to"thelist of offenses whichtriggers the prohibition, Existing law allows the Departmentof Justice (DOJ) to assign a distinguishing number or mark to a "pistol or revolver" which is without such a mark. This bill changes that provision to allow the DOJ to assign a numberto any “firearm.” Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed,altered; or obliterated identification marks. This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021ifthey found the ammunition or took it from a person committing a crime against him or her andifthey follow specified procedures:to deliver it to a law enforcement agency for disposal. Such a defendant would have the burden ofproving by a preponderanceofthe evidence that they are subject to this new exemption. This bill makes related changes to theDangerous Weapons’ Control Law. This bill is double-joined with AB 1211 (Aroner) and AB 688(Bowler). FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No ks lof. SUPPORT: verieaMeaty rt Attorney General California Union of Safety Employees 00337 CONTINUED Buck Knives | | California Attorneys for Criminal Justice | California State Sheriffs Association ARGUMENTS IN SUPPORT: Accordingto the author: "AB 78 addresses certain ‘odds and ends' weapons issues that have cometo light by virtue ofthe lost and found property issue and twoissues raised by | constituents ofmine. "Thefirst issue relates to the transportation and possession ofweaponsthat individuals discover and attempt to turn over to local law enforcement agencies. This issue wasraised in connection with the recovery of lost property. "Also, Justice Art McKinster, whois a Justice ofthe Court of Appeal in San Bernardino, noted in In re Evans (1996) 49 Cal.App.4th 1263,that the relief from disabilities provisions in Penal Code Section 12021(c)(3), as drafted, violated the ‘equal protection clauses’ ofthe state and federal constitutions. "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the ten year prohibition prior to the offense being added to the list of offenses for which the ten year prohibition applied, to apply once forrelief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion." The authorhas also now amendedthisbill at the request of the Attorney General to comply with the order of Sacramento County Superior Court Judge Bondto ceaserestricting persons held for 72-hour observation, pursuant to Welfare andInstitutions Code Section 5150, from possessing firearms for five years, unless those persons are subsequently certified for intensive treatment. That changeis reflected in this bill and uncodified ‘language is included to indicate that the amendments are being made “to comply with the decision of the Superior Court. of the State of California in and for the County of Sacramento in Dayacamos v. DepartmentofJustice, ; 00338 | CONTINUED B y 78 Page 5 - Case No. 96 CS 01471." That decision was made February’7, 1997, and the order wasstayed until January 1, 1998, in order to allow the Departmentof Justice to comply. RJG:sl 7/1/97 Senate Floor Analyses , SUPPORT/OPPOSITION: SEE ABOVE ekki END AkAk 00339 SENATE RULES COMMITTEE | AB 78 Office ofSenate Floor Analyses AS, 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 a THIRD READING Bill No: AB 78 Author: Granlund (R) Amended: ~6/23/97-nrSenate Vote: a1 L/3°¢ | SENATE PUBLIC SAFETY COMMITTEE: 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, Polanco, Schiff, Watson ASSEMBLY FLOOR: 76-0, 4/17/97, _ SUBJECT: _ Dangerous Weapons’ Control Law: clarifying changes SOURCE: Author DIGEST: Thisbill makes a variety of changes to the Dangerous Weapons' Control Law. Senate Floor Amendments of 6/23/97 delete provisions relative to "dirksor daggers" and add double-joining language. SFA t pe -—MWaen ANALYSIS: Existing law providesthatit is illegal to carry a concealed handgun on one's person or in a vehicle. There are numerous exemptions from this prohibition. This bill adds additional exemptions for persons whofind the firearm in order to return it to an ownerorto a law enforcement agencyfor disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). CONTINUED 00340 00344 AB7 _ Page 2 w o Existing law prohibits the manufacture, import, sale, giving, lending, or _possession of specified weapons and firearms. _ This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm whois transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weaponsandfirearms, the possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereofin the course and scopeofhis or her authorizedactivities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. Thisbill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that person is transportingit to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. _ This bill creates an exemption from that prohibition for those persons by making it "justifiable" for them to possessfirearms they find or take from persons committing a crime against them,andifthey follow specified procedures to deliver them to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance ofthe evidence that they are subject to this new exemption. Existing law provides that any person whois subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only oncefor relief from the prohibition. Thisbill deletes that reference to "January 1, 1991" and changesit to "that offense being addedto" thelist of offenses which triggers the prohibition. 00342 CONTINUED o eAB 7 age 3 SJ Existing law allows the Department of Justice (DOJ) to assign a distinguishing number or mark to a “pistolor revolver" which is without such a mark. This bill changesthat provision to allow the DOJ to assign a numberto any "firearm." Existing law makesit a misdemeanorfor any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. ' Thisbill exempts from this provision personsin specified classes, including certain on duty peace officers and personstransporting a firearm to a law enforcement agency fordisposition, as specified. Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition, _ This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him or her and if they follow specified proceduresto deliver it to a law enforcement agency for disposal. Such a defendant would have the burdenofproving by a preponderance ofthe evidence that they are subject to this new exemption. ety _ aCl isting» lawprovidestthateverypersonwi igheld for 72-hours for \ ation for a mental disorder pursyafit to Welfare and Institutions ode 50 is reported tomee ears Program data base) and i 2SSi arm for fiv for right This bill deletes that restriction for persdns held gnly underWIC 5150 (and ‘not otherwise certified for additional intensive: eatment). } ante 00343 CONTINUED This bill makes related changes to the Dangerous Weapons’ Control Law. This bill is double-joined with AB 1211 (Aroner),-A~/ FG LEN {Bonrter) FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT: (Verified Attorney General California Union of Safety Employees Buck Knives California Attorneys for Criminal Justice California State Sheriffs Association ARGUMENTS IN SUPPORT: According to the author: “AB 78 addresses certain ‘odds and ends' weaponsissues that have come to light by virtue ofthe lost and found property issue and twoIssues raised by constituents of mine. "Thefirst issue relates to the transportation and possession ofweapons that individuals discover and attempt to turn overto local law enforcement agencies. This issue wasraised in connection with the recovery of lost property. "Also, Justice Art McKinster, whois a Justice oftheCourt ofAppeal in San Bernardino, noted in In re Evans (1996) 49 Cal.App.4th 1263,that the relief from disabilities provisions in Penal Code Section 12021(c)3), as drafted, violated the ‘equal protection clauses’ of the state and federal constitutions. "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who wasconvicted ofan offense subject to the ten year CONTINUED 00344 bs 78 age 5 k g prohibition prior to the offense being addedtothelist of offenses forwhich the ten year prohibition applied, to apply onceforrelief from the disability imposedbythe prohibition. AB 78 codifies Justice McKinster's opinion." The author has also now amendedthis bill at the request ofthe Attorney General to comply with the order of Sacramento County Superior Court Judge Bondto cease restricting persons held for 72-hour observation, pursuant to Welfare and Institutions Code Section 5150, from possessing firearms for five years, unless those persons are subsequently certified for intensive treatment. That changeis reflected in this bill and uncodified. language is included to indicate that the amendments are being made "to comply with the decision ofthe Superior Court of theState of California in and for the County of Sacramento in Dayacamos v. Departmentof Justice, Case No. 96 CS 01471." That decision was made February 7, 1997, and the order was stayed until January 1, 1998, in order to allow the Departmentof Justice to comply. RJG:sl 6/23/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE te dedek END ake 00345 le s)SENATE RULES COMMITTEE 7 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 hot (ae THIRD READING Bill No: AB 78 Author: Granlund (R) | Amended: +6/17/97.in Senate |vw? Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson,Polanco, Schiff, Watson ASSEMBLY FLOOR: 76-0, 4/17/97 SUBJECT: Dangerous Weapons' Control Law: clarifying changes SOURCE: Author | DIGEST: Thisbill makesa variety of changes to the Dangerous Weapons' Control Law. posi A Hyfe *here wrLooge~ ape? SEAM bhs DLEIP NALYSIS: XI1S "ofthe knife is eXpased andJocked into position. The above aré conforming changesto existing Existing law providesthatit is illegal to carry a concealed handgun on one's person or in a vehicle. There are numerous exemptionsfrom this prohibition. _ CONTINUED fidider — 00346 bs 7 Page 2 This bill adds additional exemptions for persons whofind the firearm in order to return it to an owneror to a law enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). Existinglaw prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm whois transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons andfirearms, the possession of any weapon, device, or ammunition by a forensic laboratory or — any authorized agent or employee thereof in the course and scope ofhis or her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or ' possession of armor-piercing ammunition. This bill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that person is transporting it to a law enforcement agency for disposal according to law. — Existing law prohibits felons, violent misdemeanants, the mentally infirm, — drug addicts, and the like from possessing any firearm or ammunition.. This bill creates an exemption from that prohibition for those persons by making it "justifiable" for them to possessfirearmsthey find or take from persons committing a crime against them, andifthey follow specified proceduresto deliver them to a law enforcement agency for disposal. Such a ‘ defendant would have the burden ofproving by a preponderance ofthe evidencethat they are subjectto this new exemption. Existing law provides that any person whois subject to the prohibition on owning, possessing, or having a firearm underhis or her custody or control CO D 00347 AB 7 Page 3 o O because of specified misdemeanorconvictions prior to January 1, 1991may petition the court only once forrelieffrom the prohibition. This bill deletes that reference to "January 1, 1991" and changesit to "that ~ offense being addedto"the list of offenses which triggersthe prohibition. Existing law allows the Department.ofJustice (DOJ) to assign a distinguishing number or mark to a "pistol or revolver” which is without such a mark. | ~ This bill changesthat provision to allow the DOJto assign a number to any “firearm.” Existing law makesit a misdemeanorfor any person with knowledge of any change,alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified.. Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. . This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 ifthey found the ammunition or took it from a person committing a crime against him or her andifthey follow specified proceduresto deliver it to a law enforcement agency.for disposal. Such a defendant would have the burdenofproving by a preponderanceofthe evidence that they are subject to this new exemption. Existing law provides that every person whois held for 72-hours for observation for a mental disorder pursuant to Welfare andInstitutions Code Section 5150 is reported to DOJ (Firearms Program data base) and is" forbidden from possessinga firearm for five years (but can petitionfor right to.do so with testofpreponderance ofthe evidence that personis likely to use _ firearm in safeway). That same requirement exists for persons subsequently adjudicated as mentally disordered and committed to a mental health facility, whetherfirst subject to WIC 5150 or not. CONTINUED 00348 g rg ® a > This bill deletes that restriction for persons held only under WIC 5150 (and not otherwise certified for additional intensive treatment). This bill contains uncodified language that: "It is the intent of the Legislature, in enacting the amendments to Section 12076 of the Penal Codeand Section 8103 of the Welfare and Institutions Code madebythis act, to comply with the decision ofthe Superior Court ofthe State of California in and for the County of Sacramento in Dayacamos v. DepartmentofJustice, Case No. 96 CS 01471." vebill makes related eto the Dangerous Weapons’ Control Law. forllta Bevblejor” Ade AIR jo!) (Aao~-) FISCAL EFFECT: Appropriation: No Fiscal Com: No Local: 7 Lf sx LAL SUPPORT: (Verified 7) Attorney General. California Union of Safety Employees Buck Knives California Attorneys for CriminalJustice California State Sheriffs Association ARGUMENTS IN SUPPORT: According to the author: "AB 78 addresses certain ‘odds and ends' weaponsissues that have come to light by virtue ofthe lost and found| property issue and two issues raised by constituents ofmine. "Thefirst issue relates to the transportation and possession ofweaponsthat individuals discover and attempt to turn over to local law enforcement agencies. This issue was raised in connection with the recovery oflost property, _ "Also, Justice Art McKinster, who is a Justice of the Court ofAppeal in San Bernardino, notedin In re Evans (1996)49 Cal.App.4th 1263, that the relief from disabilities provisions in Penal Code Section 12021(c)(3); as drafted, violated the 'equal protection clauses’ of the state and federal constitutions. co D 00349 Bs 7 Page 5 "To save the statute from invalidity, Justice McKinster rewrote the statuteto allow anyone who was convicted of an offense subject to the ten year prohibition prior to the offense being addedtothelist ofoffenses for which the ten year prohibition applied, to apply once for relieffrom the disability imposed bythe prohibition. AB 78 codifies Justice McKinster's opinion." The author has alsonow amendedthis bill at the request ofthe Attomey General to comply with theorder of Sacramento County Superior Court Judge Bond to ceaserestricting persons held for 72-hour observation, pursuant to Welfare and Institutions Code Section 5150, from possessing firearmsfor five years, unless those persons are subsequently certified for intensive treatment. That changeis reflected in this bill and uncodified languageis included to indicate that the amendments are being made “to comply with the decision ofthe Superior Court ofthe State ofCalifornia in and for the County of Sacramento in Dayacamos v. Department of Justice, Case No. 96 CS 01471." That decision was made February 7, 1997, and the order was stayed until January 1, 1998,in order to allow the Department of Justice to comply. RJG:s! 6/17/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE akan END Kink 00350 SENATE RULES COMMITTEE Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 THIRD READING Bill No: AB 78 Author: Granlund (R) Amended: 6/17/97 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE:8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, Polanco, Schiff, Watson ASSEMBLY FLOOR: 76-0, 4/17/97 SUBJECT: Dangerous Weapons' Control Law: clarifying changes SOURCE: Author DIGEST: This bill makes a variety of changes to the Dangerous Weapons' Control Law. ANALYSIS: Existing law providesthatit is illegal to carry a concealed "dirk or dagger" upon one's person. This bill excludes from the definition of "dirk or dagger" a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or moreinchesin length, or a pocketknife capable ofready use as a stabbing weaponthat may inflict great bodily injury or death only if the blade of the knife is exposed andlockedinto position. The above are conforming changes to existing law. Existing law providesthatit is illegal to carry a concealed handgun on one's person or ina vehicle. There are numerous exemptions from this prohibition. _ CONTINUED 00351 AB 7 Page 2 o O This bill adds additional exemptions for persons whofind the firearm in order to return it to an owneror to a law enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). Existing law prohibits the manufacture, import, sale, giving, lending,¢or possession of specified weapons and firearms. Thisbill exempts from that prohibition any person not otherwise prohibited from possessing a firearm whois transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons andfirearms, the possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope ofhis or her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession ofarmor-piercing ammunition. This bill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition ifthat person is transporting it to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. This bill creates an exemption from that prohibition for those persons by making it "justifiable" for them to possess firearms they find or take from persons committing a crime against them,andif they follow specified procedures to deliver them to a law enforcement agency for disposal. Such a defendant would have the burden ofproving by a preponderance of the evidence that they are subjectto this new exemption. Existing law provides that any person whois subject to the prohibition on owning, possessing, or having a firearm underhis or her custody or control 00352 CONTINUED bs 7 age rd w because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only onceforrelieffrom the prohibition. This bill deletes that reference to "January 1, 1991"and changesit to "that offense being added to"thelist of offenses which triggers the prohibition. Existing law allowsthe Department ofJustice (DOJ) to assign a distinguishing number or mark to a "pistol or revolver" which is without such a mark, This bill changes that provision to allow the DOJto assign a numberto any "firearm." Existing law makesit a misdemeanorfor any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed,altered, or obliterated identification marks. This bill exempts from this provision persons in specified classes, including certain on duty peaceofficers and personstransporting a firearm to a law enforcement agency for disposition, as specified. Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him orher andifthey follow specified procedures to deliverit to a law enforcement agency for disposal. Such a defendant would have the burden ofproving by a preponderanceofthe evidence that they are subject to this new exemption.. Existing law provides that every person whois held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) and is forbidden from possessinga firearm for five years (but can petition for right to do so with test of preponderance ofthe evidence that personis likely to use firearm in safe way). That same requirement exists for persons subsequently adjudicated as mentally disordered and committed to a mental health facility, whetherfirst subject to WIC 5150 ornot. 00353 CONTINUED S rg 6a a f a This bill deletes that restriction for persons held only under WIC 5150 (and — not otherwise certified for additional intensive treatment). This bill contains uncodified Janguagethat: "It is the intent of the Legislature, in enacting the amendmentsto Section 12076 ofthe Penal Code and Section 8103 ofthe Welfare andInstitutions Code madebythis act, to comply with the decision of the Superior Court ofthe State of California in and for the County of Sacramento in Dayacamos v. Department of Justice, Case No. 96 CS 01471." This bill makes related changes to the Dangerous Weapons' Control Law. The purposeofthis bill is to makeall of the changes specified to the existing law. FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT: (Verified 6/17/97) California Unionof Safety Employees Buck Knives California Attorneys for Criminal Justice ARGUMENTSIN SUPPORT: According to the author: "AB 78 addressescertain 'odds and ends' weaponsissues that have cometo light by virtue ofthe lost and found property issue and twoissues raised by constituents ofmine. "Thefirst issue relates to the transportation and possession ofweaponsthat . individuals discover and attempt to turn over to local law enforcement _ agencies. This issue was raised in connection with the recovery of lost property. "Also, Justice Art McKinster, whois a Justice of the Court of Appeal in San Bernardino, noted in In re Evans (1996) 49 Cal.App.4th 1263, that the relief from disabilities provisions in Penal Code Section 12021(c)(3), as drafted, violated the 'equal protection clauses' of the state and federal constitutions. CONTINUED . 00354 es 7 ge AY wn "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who wasconvicted of an offense subject to the ten year prohibitionprior to the offense being addedto the list of offenses for which the ten year prohibition applied, to apply oncefor relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion." The author has also now amendedthisbill at the request ofthe Attorney General to comply with the order of Sacramento County Superior Court Judge Bondto ceaserestricting persons held for 72-hour observation, pursuant to Welfare andInstitutions Code Section 5150, from possessing firearms for five years, unless those persons are subsequently certified for intensive treatment. That change is reflected in this bill and uncodified languageis included to indicate that the amendments are being made "to comply with the decision ofthe Superior Court ofthe State of California in and for the County of Sacramento in Dayacamos v. Departmentof Justice, Case No. 96 CS 01471." That decision was made February 7, 1997, and the order was stayed until January 1, 1998, in order to allow the Department of Justice to comply. RJG:sl 6/17/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE AAR END) *eae 00355 AB 78 (Granlund) Page 6 2. Relief from the Prohibition on Possessing a Firearm after Specified Misdemeanor Offenses In In re Evans (1996) 49 Cal.App.4th 1263, the Court of Appeals (Fourth Appellate District) held that the “relief from disabilities provisions” in Penal Code Section 12021(c)(3) as drafted violated the “Equal Protection Clauses” of the State and Federal Constitutions. Evans involved a defendant who was convicted of possessing a gun after -he had been convicted of spousal abuse. His conviction of spousal abuse occurredafter January 1, 1991, but priorto the offense of spousal abuse barring gun possession for ten ’ years. That occurred in 1993. Evans challenged his gun conviction that, had he been convicted of spousal abuse prior to 1991, he could have claimed relief. In agreeing with his claim, the Court of Appeal noted that the January 1, 1991 date wasirrational as to persons, where the offense barring possession was added to the list after January 1, 1991. There are approximately twenty-five.offenses added to the ten-year prohibition after January 1, 1991, To save the statute from invalidity, the Court of Appeal rewrote the statute to allow anyone who was convicted of an offense subject to the ten-year prohibition prior to the offense being addedto thelist of offenses for which the ten-year prohibition applied, to apply once for relief from the disability imposed by the prohibition. _ This bill conforms the language in Penal Code Section 12021(c)(3) to the court's decision. 3. The Deletion of WIC Section 5150 72-Hour Holds from the Prohibitions on Firearms Possession. Undercurrentlaw, every person whois held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) and is forbidden from possessing a firearm for five years (but can petition for right to do so with test of preponderance of the evidence that person is likely to use firearm in safe way). That same requirement exists for persons subsequently adjudicated asmentally disordered and committed to a mental health facility, whether first subject to WIC 5150 or not. | Sacramento Superior Court Judge Bond has now held that it is unconstitutional to deprive a “5150”of the right to possess a firearm without any further court hearing or © determination (due process right to counsel, hearing, etc.). Dayacamos v. Departmentof Justice, Case No. 96 CS 01471, February 7, 1997. Judge Bond stayed the effective date of the decision until January 1, 1998,in order to allow the Departmentof Justice to make the necessary changesin its process and to notify the parties who would otherwise be required to submit information to the department. (More) 00356 4< SENATE COMMITTEE ON PUBLIC SAF:ETY Senator John Vasconcellos, Chair 1997-98 Regular Session os > o e ~ ] AB 78 (Granlund) As.amended May 29, 1997 Hearing date: June 10, 1997 Penal Code and Uncodified Law SH:jm THE DANGEROUS WEAPONS' CONTROL LAW- A VARIETY OF PROPOSED CHANGES HISTORY Source: Author PriorLegislation: See text/Comments for relevant references Support: California Union of Safety Employees; Buck Knives; California Attorneys for Criminal Justice Opposition: None known Assembly Floor Vote: Ayes 76 - Noes 0 A. bimakes KEY ISSUES SHBBED A VARIETY OF CHANGES BE=Ne8BE-TO THE DANGEROUS WEAPONS’ CONTROL LAW,INCLUDINGTHE.FOLLOWING: (1) UNDER EXISTING LAW, ANY PERSON WHO IS SUBJECT TO THE PRO ON. POSSESS ARM BECAUSE OF SPECIFIED MISDEMEANOR CONVICTIONS PRIOR TO JANUARY 1991,MAY PETITION THE COURT ONLY ONCE FOR RELIEF FROM THE PROHIBITION. (CONTINUED) (More) 00357 AB 78 (Granlund) Page 2 | SHOULD THAT PROHIBITION APPLICAB SHOULD THE L Nope CHANGED TO DELETE THE SPECIFIC REFERENCE TO ‘JANUARY 1, 1991’\AND INSTEAD APPLY“PRIOR TO THE OFFENSE-BEING ADDED TO” THE SPECIFIED’ OFFENSES PROHIBITION? (2) EXISTING LAW PROV RES THAT AWY4 HERSELF, OR GRAVELY DISABLED, KO GUSTODY IN AN EVALUATION FACILITY FOR ¥2-HOUR, INT A VALUATION,IS PROHIBITED FROM QWNING, PQSSESSING, CONTROLLED G, RECEIVING, OR PURCHASING ANY FIREARM FOR 4% S AFFER RELEASE FROM THE FACILITY. FOR TREATMENT AND EVALUATION HOURS (AND NQT OTHERWISE CERTIFIED KOR TREATMENT) BE DELETED? SHOULD UNCODIFIED LANGUAGE BE ENAQKED TO STATE LEGISLATIVE INTENT THAT THIS CHANGE IS BEING M THE DECISIQN OF THE SUPERIOR COURT OF JUSTICE, CASE NO. 94'CS 01471? SHOULaWMEROUS OTHER AME TS BE MADE TO DANGEROUSWEAPO]¥s' CONTROL LAW,AS SPEC MAT ARE SUBJECT TO THE PURPOSE CorExisting law provides thatit is illegal to carry a concealed “dirk or dagger” upon one's$ person. (Penal Code Section 12020(a)) e: fades-fromtthe definition of “dirk or dagger” a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or more inchesin length, or a pocketknife capable of ready use as a stabbing weapon that mayinflict great bodily injury or death only if the blade ofthe knife is exposed and lockedinto position. 7 Lo Ant beormen Chegs be Wey te — (2) Existing law providesthatit is illegal to carry a concealed handgun on one's person or in a vehicle. (Penal Code Section 12025) There are numerous exemptions from this prohibition. (Penal Code Sections 12026, 12026.1, 12026.2, and 12027) | (More) NLORDER TO COMPLY WITH| (4 THE STATE OF CALIFORNIA IN| f AND FOR THE COUNTY QF SACRAMENTOAN DAYACAMOSV. DEPARTMENT ft_| ” £4-543 . 00358 AB 78 (Granlund) Page 3 This bill adds additional exemptions for persons whofind the firearm in orderto return it to an owneror to a law enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). (3) Existing lawprohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. (Penal Code Section 12020) This bill exempts from that prohibition any person not otherwise prohibited from possessinga firearm whois transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possessionof specified weapons and firearms,the possession of any weapon, device, or ammunitionby a forensic laboratory or any authorized agent or employee thereof in the course and scope ofhis or her authorized activities. (4) Existing law prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. (Penal Code Sections 12320 to 12323) This bill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that personis transporting it to a law enforcement agency for disposal according to law. (5) Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the likefrom possessing any firearm or ammunition. (Penal Code Sections 12021 and 12021.1, and Welfare andInstitutions Code Sections 8100 and 8103) This bill creates an exemption from that prohibition for those persons by making ‘it ‘Sustifiable” for them to possess firearms they find or take from persons committing a crime againstthem, and if they follow specified procedures to deliver them to a law enforcement agencyfor disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption. (6) Existing law provides that any person whois subject to the prohibition on owning, possessing, or havinga firearm underhis or her custody or control because of specified misdemeanorconvictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. (Penal Code Section 12021) This bill deletes that reference to “January 1, 1991” and changesit to “that offense being added to”the list of offenses whichtriggers the prohibition. Le (More) 00359 AB 78 (Granlund) Page 4 (7) Existing law allows the Departmentof Justice to assign a distinguishing number or mark to a “pistol or revolver” which is without such a mark. (Penal Code Section 120972) This bill changesthat provision to allow the DOJ to assign a numberto any “firearm.” (8) Existing law makesit a misdemeanor for any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess anypistol, revolver, or other firearm with changed,altered, or obliterated identification marks. (Penal Code Section 12094) This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agencyfor disposition, as specified. (9) Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. (Penal Code Section 12316) Thisbill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunitionor tookit from a person committing a crime against him orher andif they follow specified proceduresto deliver it to a law enforcement agencyfor disposal. Such a defendant would have the burden of proving by a preponderanceofthe evidence that they are subject to this new exemption. (10) Existing Jaw provides that every person whois held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ(Firearms Program data base) and is forbidden frompossessing a firearm for five years (but can petition for right to do so with test of preponderance of the evidencethat personis likely to use firearm in safe way). That same requirementexists for persons \ subsequently adjudicated as mentally disordered and committed to a mental health } facility, whetherfirst subject to WIC 5150 or not. (Welfare and Institutions Code Section 8103) This bil deletes that restriction for persons held only under WIC 5150 (and not otherwise certified for additional intensive treatment. This bill contains uncodified language that: “Tt is the intent of the Legislature, in enacting the amendments to Section 12076 ofthe Penal Code and Section 8103 of the Welfare and Institutions Code made by this act, to comply withthe decision of theSuperior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice, Case No. 96 CS Lo (More) 00360 AB 78 (Granlund) Page 5 This bill makes related changes to the Dangerous Weapons’ Control Law.{A | b The purposeofthis bill is to make all of the changes specified to the existing law.: COMMENTS Lt. Need for This Bill. | “According to the author: “AB 78 addresses certain ‘odds and ends’ weaponsissues that have cometo light by virtue of the lost and found property issue and two issues raised by constituents of mine. “Thefirst issue relates to the transportation and possession of weaponsthat individuals discover and attemptto turn over to local law enforcement agencies. This issue was raised in connection with the recovery oflost property. “Also, Justice Art McKinster, who is a Justice of the Court of AppealinSan Bernardino, noted in In re Evans (1996) 49 Cal.App.4th 1263, that the. relief from disabilities provisions in Penal Code Section 12021(c)(3), as drafted, violated the ‘equal protection clauses’ ofthe state and federal constitutions. \ “To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the ten year prohibition prior to the . offense being added to thelist of offenses for which the ten year prohibition applied, to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion.” — The author has also now amendedthisbill at the request of the Attorney Generalto comply with the order of Sacramento County Superior Court Judge Bondto cease restricting persons held for 72-hour observation, pursuant to Welfare and Institutions Code Section 5150, from possessing firearms forfive years, uniess those persons are subsequently certified for intensive treatment. That change is reflectedin this bill and uncodified language is included to indicate that the amendments arebeing made“to comply with the decision of the Superior Courtof the State of California in and for the County of Sacramento in Dayacamos v. Departmentof Justice, Case No. 96 CS 01471.” _ That decision was made February 7, 1997, and the order was stayed until January 1, 1998, in order to allow the Department of Justice to comply. (More) 00361 AB 78 (Granlund) Page 7 The Department of Justice is not going to appeal the decision and now wants to deal with the statutory changes neededto delete the prohibition on “5150's” from possessing firearms. DOJ and the Department of Mental Health estimate that approximately 40% of | existing 413,000 “5150's” in the system will have beenheld beyond 72-hours with a requisite court hearing, so those individuals are still subject to firearms possession prohibitions. That means 60% ofthose personswill be deleted and no longer subject to such restrictions (presumably the sameratio will exist for future persons first held pursuant to WIC “5150”). AB 78now has amendments which delete the WIC “5150” prohibition. The alternative would beto require a full blown court proceedingforall “5150's,” however, the whole pointof the 72-hour hold is to decide whether to go forward to seek further commitment. . How would a hearing take place for those personsnot certified for intensive treatment, for purposes only of the imposition offirearms possession? | AB 78 also now contains the following uncodified language to makeclear that the change is being made to comply with the court decision: SEC. 11. Itis the intent of the Legislature, in enacting the amendments to Section 12076 of the Penal Code and Section 8103 ofthe Welfare and Institutions Code made by this act, to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice, Case No. 96 CS 01471. 4. Additional Information Provided by Staff Working on This Bill Thestaff person working on this bill provides the following information pertaining to some of the numerous other changes made bythis bill: (1) Under current California law, there are no statutory “safe harbor” exemptions for persons who mayor may notbe in prohibited classes who discover weaponsor devices and endeavor to turn them over to law enforcement agencies. This issue has been discussed by the Court of Appeals in People v. Hurtado (1996) 47 Cal.App.4th. 805, and People v. Pepper (1996) 41 Cal.App.4th 1029, in the context of prohibited persons, i.e., persons who cannotlegally possess any firearm. One court felt the exemption existed, but held that the defendant could not claim it. The other court disallowed the exemption period. This bill creates distinct safe harbor exemptions for persons who are not,perse, legally prohibited from possessing weaponsand for those persons prohibited from (More) 00362 AB 78 (Granlund) Page 8 possessing weapons. The author believes that these exemptions should be placed on a statutory basis. Asto non-prohibited persons, they may legally transport conventional firearms and cettain contraband to law enforcement agencies provided certain conditions are met. The Civil Code contains specific provisions on the responsibilities of finders of lost property. There is no Penal Code concealed carry exemption for the safe transport of lost handgunsto a law enforcement agency. This bill amends the locked container exemption section to add two specific exemptionsto allow the transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter4 of Division 3 of the Civil Code as it pertains to that firearm and the transportation of a firearm by a person whofinds the firearm andis transporting it to a law enforcement agency for disposition according to law. Sincethis bill adds to a laundry list of exemptions,as is the case with the other exemptions,in order for a firearm to be exempted while being transported to or from a place, the firearm shall be unloaded, kept in a locked container and the course of travel shall include only those deviations between authorized locations as are reasonably ‘necessary under the circumstances. Penal Code Section 12020 bans the manufacture, distribution, importation and possession of mostillegal firearms and certain forms of ammunition. AB 78 would allow possession incident to transport of all Section 12020 items other than a short- barreledrifle or short-barreled shotgun found and possessed by a person whois not generally prohibited from possessing firearms or ammunition and is transporting the - listed item to a law enforcement agency.for disposition according to law. Underthisbill, a person who found armorpiercing ammunition may possessit incident to transporting it to a law enforcementagency for disposition according to law if he or she is not in a prohibited class of person generally prohibited from possessing firearms or ammunition. Asis the case in various weaponsstatutes, the defendant has the burden that he or she falls under the exemption. (2) As noted above, case law suggests that felons and other prohibited persons who take possession gunsout of necessity and turn them into a law enforcement agency may possess the sameincident to transportation thereto. This bill makes justifiable a violation of Penal Code Section 12021 (but not other statutes)--a possession charge-~if the specified conditionsare met. 00363 AB 78 (Granlund) Page 9 (3) Whenis a knife a dirk or a dagger? See AB 1222 (Martinez), Chapter 128,Statutes of 1995 . Last year, Assemblymember Martinez wrote a letter in the Assembly Journal clarifying the meaning of AB 1222, which revised the definition of“dirk or dagger.” The prior definition was created by AB 1266 (Martinez), Chapter 357, Statutes of 1993. Both bills were designedto create a statutorydefinition rather than having conflicting case law. The letter in the Journal indicates that a folding knife is “a dirk or dagger,” for purposes of Penal Code Section 12020, only if the blade of such knife is exposed and locked into position. This bil! attempts to codify the letter in the Journal without touching switchblade knife regulation or otherwise doing major damage to the law. The author is doingthis at the request of BuckKnives. (4) Under a numberof code sections, lab personnel have a clear exemption to allow them to possess contraband incidentto their official duties. Penal Code Section 12020 does not have such a clear exemption. AB 78 explicitly allows possession of any weapon, device, or ammunition banned by Section 12020 by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (5) At the request of Legislative Counsel, the bill makes cosmetic code maintenance changes to the machine-gun exemptionstatute. 5. Suggested Amendment In order to prevent possible confusion, committee staff recommends deleting the language on page 7, lines 36-38, of this bill pertaining to “dirks and daggers.” Staff and interested parties appear to have agreed to that amendment. SHOULD THIS AMENDMENT BE MADE? aRoeoeoeooaRE 00364 The documents followingthis page were photocopied from the Governor's Chaptered BillFile on this legislation. 00365 Jack Horie . Geraki Ross Adams David B, Judson Chiat Deputy n fi ‘i ol PauAnita Nechaal 7. Kelly Hema. Anwar Michael Robed Marrdarmea L. Ashiord Ax if Hema Fao wichae RoJamesAanir Lieniz THE VOUMSE Chaves. Ail EspNiko Baht f Osif Me‘etie haanert esr Zert . re A Loe DawAves u tornia fantBurasaro anatin DianeF.BoyerVine Cindy(M.Carchito Kirk S. Lovie . NCKETSON 4 Cohen Mariana Mann Robert Culler: Dufl x »Rove Oaronke BION M. GREGORY boreGa Paaederhg Michael 2. Karsten Byton 0. Damian: dr JudyAnne McGinley James A. Marsala Jaftirey A. DeLand Peler Melnicoe . Robert G. Miter . Clinton J, Witt Shaifa RF. Mohan Tracy O. Powell if Frances S. Dorbin Abel Munoz Marguerite Roth Maureen S$. Ournn Sharon Reilly Michael H. Upson Sharon A. Fisher Tara Rulo Christopher Zirkle Clay Fuller Michael 8. Safemno Principal Deputies . patieFoe valkt aan 2 Debr. ent etave Capo) Sue 202 Sacramento, California shivaGite ons Christopher H. Stevens Sacramento, CA 95814-4996 July 25, 1997 Neee Mack rennin Tomy {918} 445-3057 Elizabet’. M. Gress Jeff Thora : Tetecopier: {916} 322-0763 ‘ Maria Hilakos Hanke Richard Thomson Jana T. Harrington Richard B. Weisberg BaldevS. Her Thomas G. Whetan Thomas R. Hever Karen t. Zishind Lor Ann Joseph Jack G. Zorman , Deputies Honorable Pete Wilson Governor of California Sacramento, CA REPORT ON ENROLLED BIULL |a A.B. 78 GRANLUND. Firearms: transporting exemption. SUMMARY : See Legislative Counsel'sDigest on the bill as adopted. FORM: Approved. CONSTITUTIONALITY: Approved. TITLE: Approved. CONFLICTS: This bill and Assembly Bill No. 688, which is also before the Governor, would both amend Section 12021 of the Penal Code. This bill contains provisions that make all of the changes in Section 12021 proposed by A.B. 688 and this bill if both bills are chaptered and this bill is chaptered last (Secs. 2.5 and 10, this bill). A.B. 688 also contains provisions that purport to make all of the changes in Section 12021 proposed by both bills if both bills are chaptered and A.B. 688 is chaptered last (Secs. 2 and 3, A.B. 688). However, those provisions incorporate most but not all of the changes in Section 12021 proposed by this bill. Those provisions do not incorporate subparagraph (D) into paragraph (1) of subdivision (h) which is added to Section 12021 by the proposed amendment to that section contained in this bill. Subparagraph (D) would justify e 0 Ys Report on A.B. 78 + p. 2 SRM:dil a person violating certain provisions that prohibit | specified persons from owning, possessing, or having in his or her custody or control, any firearm if the firearm is being transported to a law enforcement agency and the person transporting the firearm has given prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition ‘Secs. 2 and 2.5, this bill). Thus, if bath bills are chaptered and this. bill_is chaptered (last} the changes in Section 12021 of the Penal Code pro a by each bill will be given effect. However, if A.B. 688ischaptered last, changes proposed by each bill will' be given effect, except for the change discussed above proposed by this bill (Sec. 9605, Gov. C.). Bion M. Gregory Legislative Counsel hale Kh Kiyhar By Sheila R.. Mohan Deputy Legislative Counsel Two copies to Honorable Brett Granlund and Honorable Larry Bowler, pursuant to Joint Rule 34. OFFICE OF CRIMINAL JUSTICE PLANNING EnroliedBilt Repert OCIP 855 (12/96) BILL NUMBER: AB78 AUTHOR: Granlund AS AMENDED: July 7, 1997 SUBJECT: Firearms: transporting exemptions SUMMARY This bill will provide for an exemption from the prohibition against possessing certain illegal weapons and . devices for persons whoare not in a prohibited class, who posses the weapon only aslong as necessary to turn it in, andare transporting the weapon or device to a law enforcement agency for disposition according to law. This bill will also provide for asimilar exemption involving the possession of a firearm with the additional requirement that the person gives prior notice to law enforcement. This bill also provides an exemption from the above prohibition for forensic laboratories or any authorized agent or employee thereof in the course and scope ofhis or her authorized duties. This bill will also specify that a nonlocking folding knife, a folding knife that is not a switchblade knife having a blade 2 or moreinchesin length, or a pocketknife is a dirk or dagger and thereby prohibited onlyif the blade of the knife is exposed and lockedinto position. This bill will also provide for.an exemption for those whoare prohibited from owning or possessing a firearm or ammunition if certain specified conditions are met. This bill wou!d also exemptfrom the provisions prohibiting the knowing possession ofa firearm with altered identification marks, certain on-duty peace officers and persons transporting a firearm to a law enforcement agency for disposition. This bill will also allow anyone who was convicted of an offense subjecting that person to the ten-year prohibition on firearm ownership, prior to the offense being added to thelist of offenses for which the prohibition applies to petition the court once for relief from the prohibition. AN FR ATION The Office of Criminal Justice Planning (OCJP) recommendsthat the Governor SIGN_ this measure. The key portions of this bill which deal with exemptions from the prohibitions on the possession of certain weapons and devices have been recently amended to address concerns raised abouttheir potential abuse by defendants who might claim that they were on their way to the police station when caughtwith an illegal firearm. The bill now provides for prior notification of law enforcement when oneis transporting a weapon which maynotlegally be possessed to law enforcementfor disposition. This limits the potential for abuse by those that are stopped with an illegal firearm. The bill strikes an appropriate balance between the need to encourage the law abiding public to turn in dangerous weaponsto local law enforcement with the desire to prevent abuse of an overly broad exemption by the criminal element. . Position _ SIGN The exemption for forensic laboratory employees in the course and scope of their duties makes sense in light of their need to examine weaponsofthis type in connection with criminal activity. The dirk and daggerprovisionsclarify what types of knivesareillegal to possess so as not to criminalize the possession of certain hunting knives with legitimate purposes unless they are concealed in such a manner as would make it obvious their intent to be used as a stabbing weapon. This is a sensible clarification. The rest of this measure involves changes to conform with recent court opinions and is unobjectionable. BACKGROUND Two cases are cited bythe author of this measure as providing the needto create the statutory “safe harbor” exemptionsas set forth in this bill. These twocases deal with felons who alleged that their possessionofa firearm in violation of Section 12021 was only transitory and thereforethey were exempt from prosecution for a violation of this offense. In People v. Pepper 41 Cal. App. 4" 1029 (1996), the defendantclaimed that he possessed the firearm only to removeit from an area where his friend’s one year old son couldhave gotten access to it. The court ruled that the exemption for temporary possession to dispose of the firearm provided for in case law did not apply to felons in possession offirearms since as a matter of public policy the Legislature has banned the possession of firearms by felons. The court reasoned that the taking and possessing of a firearm by one whom the Legislature has determined is most likely to misuse use it cannot be justified on the groundsthat the temporary possession wasto prevent harm to another or to take the weapon from one who possessed it in violation of the law. Thisis true evenif the intentof thefelon was to turn the weapon in to law enforcement. In Peopie vy. Hurtado 47 Cal. App. 4" 805 (1996), the defendantclaimed that he found the weapon and wasplanningto turn it in to law enforcement. Here the court disagreed with Pepper and ruled thatthe defendant waseligible to claim the exemption for temporary possession to dispose but the facts did not justify it. The courtreasonedthat prior case law had established a defense of momentary possession if the intent was to prevent possession by a party who wasillegally in possession and the person Possessed the weapon no longer than was necessary to dispose ofit to law enforcement, ICF GS Existing law provides exemptions from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons, ammunition, and firearms. This bill will provide for an exemption from the prohibition against possessing certain illegal weapons and devices for persons whoare not in a prohibited class, who posses the weapon only as long as necessary to tucn it in, and are transporting the weapon or device to a law enforcement agency for disposition according to law. This bilt provides for a similar exemption involving the possession of a firearm with the additional requirementthat the person gives prior notice to law enforcement before transporting it to law enforcement. , This bill provides an exemption from the above prohibition for forensic laboratories or any authorized agent of employee thereof in the course and scope of his or her authorized dutles. wind9389... Existing law prohibits felons, violent misdemeanants,the mentally infirm, drug addicts, and others from possessing anyfirearm or ammunition, This bill will also proyide for an exemption for those whoare prohibited from owning or possessing a firearm or ammunition if the person found the firearm or ammunition or took it from someone who was committing a crime against them, possessed it no longer than necessary to turn it in, and transportedit’ according to law. In the event a firearm is involved the person must take the additional step of notifying law enforcementprior to transportingthe firearm to turn it in. Existing law prohibits the possession of a dirk or dagger that is carried concealed upon the person. A . dirk or daggeris defined as a knife or other instrument with or without a handguard that 4is capable of ready use as astabbing weapon that mayinflict death or great bodily injury. This bill will also specify that a nonlocking folding knife, a folding knife that is not a switchblade knife having a blade 2 or more inches in length, or a pocketknife is a dirk or dagger and thereby prohibited only if the blade of the knife is exposed and lockedinto position. Existing law provides that any person whois subject to the prohibition-on owning, possessing, or having © a firearm under his or her custody or control because ofspecified misdemeanor convictionsprior to January 1, 1991, may petition the court only once for relief from the prohibition. This bill will also allow anyone who wasconvicted of an offense subjecting that person to the ten-year prohibition on firearm ownership, prior to the offense being added to the list of offenses for which the prohibition applies to petition the court once forrelief from the prohibition. Existing law makesit a misdemeanor for any person with knowledge of any change,alteration, or obliteration to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered or obliterated identification marks. This bill will exempt from this prohibition personsin specified classes, including certain on-duty peace officers and persons transporting a firearm to a law enforcement agencyfor disposition, as specified. CHAPTERING ISSUES This bil] contains language incorporating the provisions of AB 68% (Bowler) and AB 1221 (Aroner). This language is designed to avoid chaptering out problems. AB 688 would ‘delete, for the purposesof a ban on firearm possession until age 30 for juvenile offenders who commit specified offenses,the requirement that the person have been explicitly found to be a fit and proper subject to be dealt with underthe juvenile court law. AB 688 is on the Assembly concurrence file, AB 122] would expand existinglaw’s prohibition on selling ammunition or reloaded ammunition to a minor under 18 years to prohibit the sale of ammunition and reloaded ammunition designed and intended for use in a pistol, revolver, or other firearm capable of being concealed upon the person to a person underthe age of 21 years. AB 1221 is on the Senate third reading file. AB 688 and AB 1221 contain similarJanguageto avoid the possibility of chaptering out this bill's language. Since all of these measures contain protective language the signing order is irrelevant. x 00370... ANALYSIS Accordingto the author, “AB 78 addresses certain miscellaneous weapons issues that have cometo light by virtue of the lost and found property issue and twoissues raised by constituents of mine.” The Office of Criminal Justice Planning (OCJP) recommendsthat the Governor SIGN_ this measure. The key portions of this bill which deal with exemptionsfrom the prohibitions on the possession of certain weapons and devices have been recently amended to address concernsraised about their potential abuse by defendants who might, on advice of their defense attorney, claim that they were on their way to thepolice station when caught with an illegal firearm. The bill now provides for prior notificationof law enforcementwhenoneis transporting a weapon which may not legally be possessed to law enforcement for disposition. This limits the potential for abuse by those that are stopped with anillegal firearm. The bill swikes an appropriate balance between the need to encourage the law abiding public to turn in dangerous weaponsto local law enforcement with the desire to prevent abuse of an overly broad exemption by the criminal element. The exemption for forensic laboratory employees in the course and scope of their duties makes sense in light of their need to examineweaponsofthis type in connection with criminalactivity. The dirk and dagger provisionsclarify what types of knives are illegal to possess so as not to criminalize — the possession of certain hunting knives with legitimate purposes unlessthey are concealed in such a manner as would makeit obvious their intent to be used as a stabbing weapon. Thisis a sensible clarification. The rest of this measure involves changes to conform with recent court opinions and is unobjectionable. FISCAL FINDINGS This is a non-fiscal measure. SUPPORT California Union of Safety Employees Buck Knives California Attorneys for Criminal Justice OPPOSITION . ! None known STATUS 04/08/97 - Passed Assembly Committee on Public Safety (12-0) 04/17/97 - Passed Assemblyfloor (76-0) 06/16/97 - Passed Senate Committee on Public Safety (8-0) 07/17/97 - Passed Senate floor (25-5) 07/21/97 - Assembly concurrence (76-1) 07/21/97 - Enrolled RECOMMENDATION SIGN BillNumber - Author AsAmended [AB 78 | GRANLUND [JULY 7, 1997 “| Sabject | FEREARMS: TRANSPORTING EXEMPTION No Analysis Required --- not within scope ofour responsibility. © Authoradvises this is a “spot”bill that will be significantly amended. Further analysis will be completed when language becomes availabie. £2 Author advises will not be pursuingthis measure further. We wil! continue to monitor and will analyze if bill does, in fact, move. {1 Technical amendment--- no change needed in previously submitted analysis, Approved position and version analysis: 0 Minor amendment -—- previously submitted analysis still valid. Previously approved position: - Comments: Thisbill would amend various sections ofthe Penal Code relating to transportingand carrying firearms and other weapons. Because AB 78 doesnotfall within the purview ofthis office, we DEFER TO . THE OFFICEOF CRIMINAL JUSTICE PLANNING. Benjamin Pugh, Analyst Nancy Patton., Deputy Director, Legislation AW By Ne! : c. . . \ ao as2way OYE ~~ Title \ Date LEE GRISSOM : July 22, 1997 DIRECTOR Gi \ t QO; ffi . Position Noted _..__ PositionApproved__ Position Disapproved _ By: . Date: seOBZ isan t . ’ STATE CAPITOL : COMMITTEES PO. &. 1X 942849 SACRAMEN( ©, CA 94249-0061 Assembly : HEALTH. Vice Chas (916) 445-7552 Cc : APPROPRIATIONS (916) 445-7850 FAX {if - rh - { { / SOVERNMENTAL DISTRICT OFFICE Gx t Orntla Aegs & ure ORGANIZATION 34932 YUCAIPA BLYO YUCAIPA. CA 92399 08) 490-4198 BRETY GRANLUND i908790-0479 FAX ASSEMBLYMEMBER, SIXTY-PIFTH DISTRICT July 22, 1997 Honorable Pete Wilson Governor's Office State Capitol Dear Governor Wilson: You have before you AB 78, an omnibusfirearmsbill that addresses six issues. In particular the bill addresses several recent court decisions regarding weapons.I have enclosed a summary of AB 78's provisions. AB 78is a carefully negotiated measurethat reflects the input of Charles Fennessey ofyourstaff. . AB 78 hasbroad bi-partisan support and passed with overwhelming votes. AB 78 is supported by the Attorney General, California Union of Safety Employees, Buck Knives, California Attorneys for Criminal Justice (albeit reluctantly), California State Sheriffs Association, California Rifle & Pistol Association, Doris Tate Crime Victims Bureau, and several district attorneys. Please sign AB 78 after AB 688 (Bowler) in order to assure that the provisions of both bills go into effect properly. Your prompt approval of AB 78 is appreciated. Respectfully, Lot:La.CO. Brett Grantund Printad on Recycled Paper AB 78 BACKGROUND SHEET I. Dirks and Daggers AB 78 codifies a letter in the Assembly Journal from last year by Assemblywoman Diane Martinez as to the intent of her AR 1222 Ch. 128/1995. Last year, Assembly Member Martinez wrote a letter inthe Assembly Journal clarified the meaning of AB 1222, which revised the definition of a "dirk or dagger". The prior definition was created by AB 1266 (Martinez), Chapter 357, Statutes of 1993. Both bills were designed to create a statutory definition rather than having conflicting case law. The letter in the Journal indicates that a folding knife is “a dirk or dagger" for purposes of Penal Code Section 12020 only if the blade of such knife is exposed and locked into position. AB 78 codifies Mrs. Martinez letter in the Journal without touching switchblade knife regulation or otherwise doing damage to the law. The clarification in this bill protects hunting knives. The bill does not affect the definition of what is a dirk or dagger for purposes of carrying knives on school grounds. Ii. Relief from Disabilities and In re Evans 233 78 addresses problems with Penal Code section 12021’s “relief from misdemeanor disabilities" provision occasioned by In re Evans (1996) 49 Cal.App.4th 1263. In Evan’s, the Court of Appeals held that the "relief from disabilities provisions® in Penal Code Section 12021(c) (3) as drafted violated the "Equal Protection Clauses" of the State and Federal Constitutions. Evans involved a defendant who was convicted of possessing a gun after he had been convicted of spousal abuse. His conviction of spousal abuse occurred after January 1, 1991, but prior to the offense of spousal abuse barring gun possession for 10 years. That occurred in 1993. Mr. Evans challenged his gun conviction that had he been convicted of spousal abuse prior to 1991, he could have claimed relief. In agreeing with his claim, the Court of Appeal noted that the January 1, 1991 date was irrational as to persons where the offense barring possession was added to the list after January 1, 1991. There are approximately 25 offenses added to the 10-year prohibition after January 1, 1991. To save the statute from invalidity, the Court of Appeal rewrote the statute to allow anyone who was convicted of an offense subject to the 10-year sindaahsaemausiahe —_ 00375cans prohibition prior to the offense being added to the iist of offenses for which the 10-year prohibition applied to apply once for relief from the disability imposed by the 10 year prohibition. Evans rewrote the gtatute temporarily to make it constitutional. Since Evans, the Legislature essentially re-enacted the offending provisions in AB 688 (Bowler). AB 688 has chaptering Language to pick up this bill. Nowever, it still contains the offending language held invalid in Evans. AB 78 rewrites the "relief from disabilities" provision to comply with Evans. Failure to enact AB 78 will result in persons convicted of the 25 offenses added to the 10-year prohibition after January 1, 1991 being able acquire guns. Such persons include various categories of mentally infirm persons, adjudicated sex offenders, persons convicted of domestic viclence offenses, stalkers, and other similar persons. III. Weapons turn jin and Pepper-Hurtado AB 78 addresses the issue of person who turn in weapons. Under current California law, there are no statutory "safe harbor*® exemptions for persons who may or may not be in prohibited classes who discover weapons or devices and. endeavor to turn them over to law enforcement agencies. The "turn in" issue was discussed by the Court of Appeals in People v. Hurtado (1996) 47 Cal.App.4th. 805 and People v. Pepper (1996) 41 Cal.App.4th 1029 in the context of. prohibited persons, i.e., persons who cannot legally possess any firearm. One court felt the exemption existed, but held that the defendant could not claim it, The other. court Gisallowed the exemption period. . AB 78 creates distinct safe harbor exemptionsfor persons who are not, per se, legally prohibited from possessing weapons and for those persons prohibited from possessing weapons. I believe that these exemptions should be placed on a statutory basis. Case law holds that exemption are on the defendant to prove. This bill does not change that. The ‘bill takes the more restrictive view of this defense. As to non-prohibited persons, they may legally transport conventional firearms and certain contraband to law enforcement agencies provided certain conditions are met. Specifically, the bill covers the following items: a) Handquns: The Civil Code contains specific provisions on the responsibilities of finders of lost property. There is no Penal Code concealed carry exemption for the safe tranaport of lost handguns to a law enforcement agency. b) AB 78 amends the lecked container exemption section to the concealed carry section (Penal Code Section 12026.2}) to add two specific exemptions to allow the transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and the transportation of a firearm by a person who finds the firearm and is transporting it toa law enforcement agency for disposition according to law. Since this bill adds to a laundry list of exemptions, as is the case with the other exemptions, in order for a firearm to be exempted while being transported to:or from a Place, the firearm shall be unloaded, kept ina locked container and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. Under current law, a "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle. In addition, the bill also requires prior notice to a law enforcement agency that the person issauging a gun therein. Section 12020 Items: Penal Code Section 12020 bans the manufacture, distribution, importation and possession of most illegal firearms, a number of knives, certain accessories, and certain forms of ammunition. AB 78 would allow possession incident to transport of all Section 12020 items other than a short-barreled rifle or short-barreled shotgun found and possessed by a person who:is not prohibited from possessing firearms or ammunition and is transporting the listed item to a law enforcement agency for disposition according to law. Additionally, in the case of guns there must be ; prior notice to the agency and the gun must be transported in a locked container, as that term is defined under current law. 0037Z... , a) dq) e) Your staff agreed that prior notice was not required for non-gun devices as most of these items where not likely to lead to the type of confrontation as the sudden appearance of guns and might in fact discourage persons who are not "prohibited persons” from utilizing these provisions if they became too restrictive. Armor-Piercing Ammunition. Armor-piercing ammunition (aka "cop killer bullets") are prohibited by Penal Code Section 12320. Under this bill, a person who found the ammunition may possess it incident to transporting it to a law enforcement agency for disposition according to law if he or she is not ina prohibited class of person prohibited from possessing firearms or ammunition. Obliterated serial numbers on firearms. This bill allows a person not prohibited from possessing firearms or ammunition to possess firearms with obliterated serial incident to turning the same into a law enforcement agency for their disposition. As is the case with other firearms related exemptions the gun must be transported transported in a locked container and there is prior notice to the agency receiving the weapon. Prohibited Persons: As noted above, case law suggests that felons and other prohibited persons who take possession guns out of necessity and turn them into a law enforcement agency may possess the same incident to transportation thereto. This bill recognizes that but takes a much more restricted view on this issue. Its one thing to allow a person with a non violent record to take a legal gun to an agency which he or she truly finds. However, it is another thing to allow an illegal possessor to possess even for one moment an item that no one save law enforcement can possess. This bill makes justifiable a violation of Penal Code Section 12021 (but not other statutes) a possession charge whereall of the following conditions are met: ~ The person found the firearm or ‘took the firearm from a pereon who was committing a crime against him or her. - The person possessed the firearm no longer 00378 than was necessary to deliver or transport the firearm to a law enforcement agency for that agency’s disposition according to law. - If the firearm was transported to a law enforcement agency, it was transported in accordance with the locked container rules and there was prior notice to the agency. As to the burden of proof, upon the trial for violating the possession section, the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this bill. The defendant has the burden of proving by a preponderance of the evidence that heor she comes within the provisions of the exemption created by this bill. There is similar language to include the same language in Penal Code Section 12316 (prohibited persons possessing ammunition) te include the | same provision limited to the same persons set forth in Section 12021 In sum, the weapons turn in provisions of the bill take the more restrictive view of case law. The bill does not affect machineguns, silencers, assault weapons (which are covered under existing law), or sawed off style firearms. Persons with necriminal record or mental infirmity have a narrow ‘turn in window which they bear the burden is showing is legitimate. Persons with non-violent convictions have a much tougher burden than the average citizen or what case law would suggest. They can only claim "turn in" relief as to guns that the average citizen may possess after meeting very stringent conditions with a high burden of proof which would indicate it is a true "turn in". They may not in any event claim any relief as to illegal weapons or ammunition. And, the bill does not provide any relief to violent felons or the mentally infirm. IV. Personnel Under a number of code sections, lab personnel have a clear exemption to allow them to possess contraband incident to their official duties. Neither the obliterated serial number section nor Penal Code Section 12020 have such a clear exemption. AB 78 explicitly allows possession of any weapon, device, or ammunition banned by Section 12020 by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. Law enforcement and military exemptions for possession of firearms with obliterated serial numbers There are no express exemptions for law enforcement and military personnel to possess guns with obliterated serial numbers in the course and scope of their duties. AB 78 adds such exemptions. VI. Assignment of Serial mimbers forall firearms AB'78 allows the Department of Justice to assign a distinguishing number or mark to any firearm. The Department can only do that for handguns now. This change was requested by the Department, the firearms groups and insurers so that that persons can obtain theft insurance, insurers can better ‘monitor insurance claims, and enhances the ability to apprehend thieves who steal guns and allows persons to recover their property. VII. Miscellaneous Finally, at the request of Legislative Counsel, the bill makes cosmetic code maintenance changes to the machine-gun exemption statute. . rece aghapetaeie ee MEE URenEe! SENATE RULES COMMITTEE AB 78 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 ‘THIRD READING Bill No: AB 78 Author: Granlund (R) Amended: 7/7/97 in Senate Vote: 2] SENATE PUBLIC SAFETY COMMITTEE: 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, on, McPherson, Polanco, Schiff, Watson ASSEMBLY FLOOR: 76-0, 4/17/97 SUBJECT: Dangerous Weapons’ Control Law: clarifying changes SQURCE: Author DIGEST: Thisbill makes a variety ofchanges to the Dangerous Weapons’ Control Law. Floorof7/7/97 provide for prior notice to be given to a law enforcement agencyprior to the delivery of a weapon to that agency. ’ SenateFloorof6/30/97 delete proposed changes pertaining to persons subject to a 72-hour hold/observation and add double-joining language. of6/23/97 delete provisions relative to "dirks or © daggers” and add double-joining language. CONTINUED 00381 & 7 age Uv N ANALYSIS: Existing law provides thatit is illegal to carry a concealed _ handgun on one's person or in a vehicle. There are numerous exemptions from this prohibition. This bill provides thatin all situations where an individual is transporting a firearm to a law enforcement agency, prior notice be given to that agency prior to delivery of the weapon. This bill adds additional exemptions for persons who find the firearm in order to return it to an owneror to a law enforcement agency for disposal,in accordance with the law (unloaded, locked container, direct travel routeto destination). Existing law prohibits the manufacture, import, sale, giving, fending, or possession of specified weaponsand firearms. — This bill exempts from that prohibition any person not otherwise prohibited from possessing 2 firearm who,after prior notice is given to the agency,is transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weaponsand firearms, the possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scopeofhis or her authorizedactivities. Existing law prohibitsthe manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. This bill adds to the exemptions from that prohibition such ammunition ' possessed by a person not otherwise prohibited from possessing a firearm or ‘ammunition if that person, after priornotice is given to the agency,is transporting it to a law enforcement agency for disposal according tclaw. Existing law prohibits felons, violent misdemeanants,the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. This bill creates an exemption from that prohibition for those persons by making it “justifiable” for them to possess firearms they find or take from persons committing a crime against them,andif they follow specified AB7 age o e 3 l w proceduresto deliver them to a law enforcement agency for disposal. Sucha defendant would have the burden ofproving by a preponderance of the evidence that they are subject to this new exemption and must give prior notice to the agencyprior tothe delivery ofthe firearm. Existing lawprovides that any person whois subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control - because of specified misdemeanor convictions priorto January 1, 1991 may petition the court only once for relief from the prohibition. This bill deletes that referenceto "January 1, 1991" and changesit to "that offense being added to"the list of offenses which triggers the prohibition. Existing law allowsthe Department of Justice (DOJ) to assign a distinguishing number or mark to a "pistol or revolver" which is without such - a mark. This bill changes that provision to allow the DOJ to assign a numberto any "firearm. ” . Existing law makesit a misdemeanor for any person with knowledge of any change,alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or otherfirearm with changed, altered, or obliterated identification marks. This bill exempts from this provision personsin specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him or her andiftheyfollow specified procedures to deliver it to a law enforcement agency for disposal. Such a defendant would have the burden ofproving by a preponderanceofthe evidence that they are subject to this new exemption. This bill makes related changes to the Dangerous Weapons’ Contro! Law, CONTINUED 78 Page 4 This bill is double-joined with AB 1211 (Aroner) and AB688 (Bowler). FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT:(Verified 7/8/97) Attomey General _ California Union ofSafety Employees Buck Knives California Attomeys for Criminal Justice California State Sheriffs Association . ARGUMENTS IN SUPPORT: According to the author, "AB 78 addresses certain ‘odds and ends' weaponsissues that have cometo light by virtue of the lost and found property issue and two issues raised by constituents ofmine. "The main issue relates to the transportation and possession ofweapons that individuals discover and attempt to turn over to local law enforcement agencies. This issue was raised in connection with the recovery of lost property.” RJG:s] 7/8/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE hhhar END hahha The documents following this page were photocopied from the files of _ Assembly MemberBrett Granlund, author ofthis legislation. 00385 Cora® STATEMENT Nir. Chairman and Members: > First off, I would like to offer the-amendment to accept the amendments Simon suggested in Comment 5 on page 9 ofthe analysis. > Simon also advised mystaff late yesterday that a conforming change on that issue has to be made in Penal Code section 626.10 and possibly one other place. I accept that as an author's amendment as well. > AB 78 makes a number of changes to California's firearms and weapons laws to address issues raised in several recent Court of Appeals decisions and attempts to bring firearm laws into accordance with recent case law. | > Specifically, AB 78 is aimed at creating as a statutory basis, as opposed to case law basis, a clear means whereby persons who find weapons or innocently come into possession of weapons can turn them over to law enforcement without ~ 00386 repercussions. > In addition, at the request of the Attorney General's office - and this is their language - the bill meets Judge Bond's decision in the Dayacomos case. As easteéthy noted in the analysis, on - page 6 and 7, theprohibition is unconstitutional and the AG will not appealthat. | > In that circumstance, in order to rewritethe prohibition to be hearingswhich no ae ee > Irwin, in fact, went over to talk to-FadgeConnelly about this and he had no suggestions €ither. The prohibition was inserted > The consensus on the Dayacomos issue is that the people Are everyones. concerned with will - or can be - dealt with in the certified for intensive treatment process which Judge Bond upheld. That was enacted in 1991 as part of AB 242 00387 (Connelly-Burton-Peace). As—such,_Mr-Burtonagain > The languagein thebill wasdrafted in consultation with both the Defense Bar and the California District Attorney's Association. The language assuresthat it is the burden on the person seekingthe relief to claim it > We want to put this on as astatutory basis so people know whatthe rules are rather than having conflicting case law. > In addition, the bill codifies a letter in the Assembly Journal by Mrs. Martinez on what is considered a dirk or dagger under herprior legislation. > For those of my Democratic Colleagues who say they want weaponsoffthe streets,this bill doesit. > AB 78 is supported by the State Sheriffs Association, the Attorney General, the California Rifle and Pistol Association, the Sport Cutlery Association, the California Attorneys for 00388 Criminal Justice, and numerousdistrict attorneys. — oo €-chapieringconceras-and1 have> There are a numbe a 7 . ° a : appol in to avoid chapteringproblems. > I ask for your AYE VOTE. 00389 re Loot STATEMENT Madam Speaker and Members: » AB 78 makes a number of changes to California's firearms and weapons laws to address issues raised in several recent Court of Appeals decisions and attempts to bring firearm laws into accordance with recent case law. > Specifically, AB 78 is aimed at creating as a statutory basis, as opposed to case law basis, a clear means whereby persons who find weapons or innocently ‘come into possession of weapons can turn them over to law enforcement without repercussions. > The languagein the bill was drafted in consultation with both the Defense Bar and the California District Attorney's Association. The language assures that it is the burden on the person seekingtherelief to claim his/her property. 00390 > We want to put this on as a statutory basis so people know whatthe rules are rather than having conflicting case law. > In addition, the bill codifies a letter in the AssemblyJournal by Mrs. Martinez on what is considered a dirk or dagger under her prior legislation. > For those of my Democratic Colleagues who say they want weaponsoffthe streets, this bill doesit. > AB 78 is supported by the State Sheriffs Association, the California Rifle and Pistol Association, the Sport Cutlery Association, the California Attorneys for Criminal Justice, and numerousdistrict attorneys. >» Task for your AYE VOTE. 00391 STATEMENT Mr. Chair and Members: * AB 78 makes a number of changes to California's firearms and weapons laws to address issues raised in several recent Court of Appeals decisions and attempts to bring firearm laws into accordance with recent case law. *% AB 78 is aimed at creating as a statutory basis, as opposed to case law basis, a means whereby persons whofind weapons or imnocently come into possession of weapons can turn them over to law enforcement without repercussions. ie We want to putthis on as a statutory basis so people know what the rules are rather than having conflicting case law. *% Thisbill would allow possession of a concealed weapon or certain ammunition by a person without a permit to carry a | 00392 - concealed or a person convicted of certain crimes who is. prohibited from possessing a firearm provided that: 1) he or she finds the firearm or takes it away from someone committing a crime against him or her and2) the person is only in possession of the firearm long enough to take it directly to the police. The bill also establishes the burden of proof an ex-convict must show in order to receive relief under this section. * This bill expands the definition of a dirk or dagger to state that it is only a concealed weaponif the bladeis exposed and locked into position. *% For further testimony, I have brought witnesses who can offer their opinions on the subject. I ask for your AYE VOTE. 00393 HeR“Wo-1997 «15:36 . Fr Wed AB 78 (Granlund) _ Public Safety Committee AB78 (GRANLUND) FIREARMS: TRANSPORTING EXEMPTION Version: 3/17/97 LastAmended. ' Vice-Chair: Jan Goldsmith Analyzed: 4/4/97 Vote: Majority Recommendation: Support Tax or Fee Increase: No | Summary Exmempts specified person (including ex-convicts and forensic laboratories) from - current firearm possession laws,if they are in possession for a specified purpose. Allows concealed knifes to be carried in certain kinds of containers. Expands the definition of“dirk” or “dagger.” States that persons whoare subject to a ten year prohibition on possessing firearms may, in certain circumstances, petition for an exemption. Establishes the burden of proof a defendant must proveto be exempted from firearm restrictions. Proposed None, Amendments Potential Brings firearm laws into accordance with recent case law on the subject. Effects , Sponsor: Author Support: Califomia Rifle and Pistol Association, Buck Knives Oppose: Noneon File . State Fiscal Unknown Effect Local Fiscal Unknown Effect Fiscal Comments Comments . 1, EXISTING LAW makesit a misdemeanor for people who have been convicted of specific offenses to own or possess a firearm for 10 years after the conviction. Allows an exemption for police officers convicted of certain offenses because their livelihood 00394 APR-@6-1997 15:59 oer . P.@2 WIN rte 19+ DO ( eugy * AB 78 (Granlund) depends uponthe ability to carry a fixearm. Providesthat persons convicted before January 1, 1991 may petition the court to allow them to carry a firearm within 30 years of conviction. People convicted after January 1, 1991 cannot petition for this = exemption. 2. This bill would allow possession of a concealed weapon or certain ammunition by a petson without a permit to carry a concealed weapon or a person convicted of certain crimes whois prohibited from possessing a firearm provided that: 1) he or she finds - the firearm or takes it away from someone committing a crime against him or her and 2) the personis only in possession ofthe firearm long enough to take it directly to the police. The bill also establishes the burden of proof an ex-convict must show in order to receive relief under this section. 3. The bill expands the definition ofa “dirk” or “dagger” to state that it is only a concealed weaponif the blade is exposed and locked into position. 4. In Inre Evans 49 Cal.App.4th 1263 (1996), the court found that current Jaw creates an equal protection problemunder the California and Federal constitutions. This bill remedies that problem and aligns it with the decision in thatcase. Assembly Republican Committee Votes ( ) 4/8/97 (0-0) Ayes: None Noes: None Abs. / NV: None Policy Consultant: Jean Huston Fiscal Consultant: 00395APR-G6-1997 15:54 98 % P.@3 Fact Sheet Revised 04/24/97 — AB 78 - Weapons Bill _| Author: Assemblyman Brett Granlund (R-Yucaipa) Co-Authors: Sponsor: Problem the bill addresses: AB 78 addresses certain "odds and ends weapons" issues that have come to light by virtue of the lost and found property issue and two issues raised by Granlund's constituents. The first issuerelates to the transportation and possession of weaponsthat individuals discover and. attempt to turn over to local law enforcement agencies. This issue was raised in connection with the recovery of lost property. Under current California law, there are no "safe harbor" exemptions for persons who are not in prohibited classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies. This issue has been alluded to by the Court of Appeals in People v. Hurtado, (1996) 47 Cal-App.4th. 805 andv.Pepper, (1996) 41 Cal.App.4th 1029. Proposed solution: AB 78 would: 1) As to non prohibited persons by amending various Penal Code sections to permit the temporary possession and transportation by non-prohibited persons who find these weapons and transporting the same to a law enforcement agency for disposition according to law. 2) Thebill amends PC 12021 to create an exemption where the defendantproves by a preponderanceofthe evidenceall of the following a. The person found the firearm or took the same from a person committing a crime against him or her. b. The person possessed thefirearm no longer that was necessary totransport the firearm to a law enforcement agency for that agency's disposition according to law. For more information,please contact Ash Givargis in Assemblyman Brett Granlund's office at (916) 445-7552. 00396 Fact Sheet Revised 04/24/97 c. The firearm was transported in accordance with PC 12026.2. If this language in the bill needs refinement, the author will be happy to amend the same to address any concer, 3) Justice Art McKinister whois a Justice of the Court of Appeal in San Bernardino noted in IN re Evans, 49 Cal.App.4th 1263 that the relieffrom disabilities provisions in Penal Code section 12021 (c) (3) as drafted violated the “equal protection clauses" ofthe state and federal constitutions. To savethe statute from invalidity, Justice McKinister rewrote the statute to allow . anyone who was convicted of an offense subject to the 10 year prohibition priorto the offense being addedto the list of offenses for which the 10 year prohibition applied to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinister's opinion. If we don't fix the problem as McKinister indicated, here is who could get guns: Persons convicted ofpossessing machine guns. Persons adjudicated mentally disordered sex offenders. Persons convicted ofthreatening public officials. Persons convicted ofbringing weaponsinto YAfacilities. Persons convicted ofcertain forms ofdrive-by shootings. Persons convicted of domestic violence offenses. Persons convicted of gun trafficking offenses, Persons convicted ofstalking. Persons convicted ofpossessing weapons with intent to assault another. 4) AB 78 codifies Assembly Member Diane Martinez's letter in the Assembly Journal which clarifies that "a dirk or dagger" for purposes of Penal Code-section 12020 includes a folding knife only if the blade of such knife is exposed and locked into position. The languageonthis issue is being revised to reflect a concern that the switchbladeknife regulations are not affected. This codification is included at the request ofvarious hunters in the author's district. Other legislators have introduced legislation to require the reporting of theft or loss of their handguns. If such reporting legislation is to be pursued -- and there are a number of technical and legal issues involved with such a proposal, it would be irrational, unfair and fruitless to pursue such legislation unless it is linked to the protections and requirements in ABs' 78 and 79 dealing with lost and stolen serialized property. . Arguments in support: For more information, please contact Ash Givargis in Assemblyman Brett Granlund's office at (916) 445-7552. 00397 AB_ 78 ATTACHMENT AB 78 addresses certain “odds and ends weapons" issues that have come to light by virtue of the lost and found property issue and two issues raised by Granlund's constituents of mine. , The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies. This issue was raised in connection with the the recovery of lost property. Under current California law, there are no "safe harbor" exemptions for personswho are not in prohibited classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies. This issue has been alluded to by the Court of Appeals in People v. Hurtado, (1996} 47 Cal.App.4th. 805 and People v. Pepper, (1996) 41 Cal.App.4th 1029. AB 78 addresses this issue as follows: 1) As to non prohibited persons by amending various Penal Code section to permit the temporary possession and transportation by non-prohibited persons who find these weapons and transporting the same to a law enforcement agency for disposition according to law. 2) As to the Pepper-Hurtado issue, the bill amends PC 12021 to create an exemption where the defendant proves by a preponderance of the evidence all of the following: o The person found the firearm or took the same froma person committing a crime against him or her. eo The person possessed the firearm no longer that was necessary to transport the firearm to a law enforcement agency for that agency's disposition according tolaw. o The firearm was transported in accordance with PC 12026.2. , If this languagein the bill needs refinement, the author will be happy to amend the same to address any concern. 3) Justice Art McKinster who is a Justice of the Court of Appeal in San Bernardino noted in In re Evans, 49 Cal.App.4th 1263 that the relief from disabilities provisions in Penal Code section 12021(c)(3) as drafted violated the “equal protection clauses" of the state and federal constitutions. To save the statute from invalidity, Justice McKinster 00398 rewrote the statute to allow anyone who was convicted of an offense subject to the 10 year prohibition prior to the offense being added to the list of offense for which the 10 year prohibition applied to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion. If we don't fix the problem as McKinster indicated, here is who could get guns: o Persons convicted of passessing machineguns. o Persons adjudicated mentally disordered sex offenders or having mental infirmities. o Persons convicted of threatening public officials, o Persons convicted of bringing weapons into YA facilities. o Persons convicted of certain forms of drive-by shootings. © Persons convicted of domestic violence offenses. o Persons convicted of gun trafficking offenses. o Persons convicted of stalking. o Persons convicted of possessing weapons with intent to assault another. 4) AB 78 codifies Assembly Member Diane Martinez's letter: in the Assembly Journal which clarifies that “a dirk or dagger" for purposes of Penal Code section 12020 includes a folding knife only only if the blade of such knife is exposed and locked into position. The language on this issue is being revised to reflecta concern that the switchblade knife regulations are not affected. This codification is included at the request of various hunters in the author's district. Other legislators have introduced legislation to require the theft or loss of their handguns. If such reporting legislation is to be pursued ~- and there are a number of technical and legal issues involved with such a proposal, it would be irrational, unfair and fruitless to pursue such legislation unless it is linked to the protections and requirements in ABs' 78 and 79 dealing with lost and stolen serialized property. 00399 AB 78 BACKGROUND SHEET I. Dirks and Daggers AB 78 codifies a letter in the Assembly Journal from last year by Assemblywoman Diane Martinez as to the intent of her AB 1222 Ch. 128/1995. Last year, Assembly Member Martinez wrote a letter in the Assembly Journal clarified the meaning of AB 1222, which revised the definition of a "dirk or dagger". The prior definition was created by AB 1266 (Martinez), Chapter 357, Statutes of 1993. Both bills were designed to create a statutory definition rather than having conflicting case law. The letter in the Journal indicates that a folding knife ig "a dirk or dagger" for purposes of Penal Code Section 12020 only if the blade of such knife is exposed) and locked into position. AB 78 codifies Mrs. Martinez letter in the Journal without touching switchblade knife regulation or otherwise doing damage to the law. The clarification in this bill protects hunting knives. The bill does not affect the definition of what is a dirk or dagger for purposes of carrying knives on school grounds. II. Relief from Disabilities and In re Evans AB 78 addresses problems with Penal Code section 12021’s "relief from misdemeanor disabilities" provision occasioned by In re Evans (1996) 49 Cal.App.4th 1263. In Evan’s, the Court of Appeals held that the "relief from disabilities provisions" in Penal Code Section 12021(c) (3) as drafted violated the "Equal Protection Clauses" of the State and Federal Constitutions. Evans involved a defendant who was convicted of possessing a gun after he had been convicted of spousal abuse. His conviction of spousal abuse occurred after January 1, 1991, but prior to the offense of spousal abuse barring gun possession for 10 years. That occurred in 1993. Mr. Evans challenged his gun conviction that had he been convicted of spousal abuse prior to 1991, he could have claimed relief. In agreeing with his claim, the Court of Appeal noted that the January 1, 1991 date was irrational as to persons where the offense barring possession was added to the list after January 1, 1991. There are approximately 25 offenses added to the 10-year prohibition after January 1, 1991. To save the statute from invalidity, the Court of Appeal rewrote the statute to allow anyone who was convicted of an offense subject to the 10-year 00400 prohibition prior te the offense being added to the list of offenses for which the 10-year prohibition applied to apply once for relief from the disability imposed by the 10 year prohibition. Evang rewrote the statute temporarily to make it constitutional. Since Evans, the Legislature essentially re-enacted the offending provisions in AB 688 (Bowler). AB 688 has chaptering language to pick up this bill. However, it still contains the offending language held invalid in Evans. AB 78 rewrites. the "relief from disabilities" provision to ‘comply with Evans. Failure to enact AB 78 will result in persons convicted of the 25 offenses added to the 10-year prohibition after January 1, 1991 being able acquire guns. Such persons include various categories of mentally infirm persons, adjudicated sex offenders, persons convicted of domestic violence offenses, stalkers, and other similar persons. - III. Weapons turn in and Pepper-Hurtado AB 78 addresses the issue of person who turn in weapons. Under current California law, there are no statutory "safe harbor" exemptions for persons who may or may not be in prohibited classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies. The "turn in" issue was discussed by the Court of Appeals in People v. Hurtado (1996) 47 Cal.App.4th. 805 and People v. Pepper (1996) 41 Cal.App.4th 1029 in the context of prohibited persons, i.e., persons who cannot legally possess any firearm. One court felt the exemption existed, but held that the defendant could net claim it. The other court disallowed the exemption period. AB 78 creates distinct safe harbor exemptions for persons who are not, per se, legally prohibited from possessing weapons and for those persons prohibited from possessing weapons. I believe that these exemptions should be placed on a statutory basis. Case law holds that exemption are on the defendant to prove. This bill does not change that. The bill takes the more restrictive view of this defense. As to non-prohibited persons, they may legally transport conventional firearms and certain contraband to law enforcement agencies provided certain conditions are met. Specifically, the bill covers the following items: a) Handguns: The Civil Code contains specific provisions on the responsibilities of finders of lost property. There is no Penal Code concealed carry exemption for the safe transport of lost handguns to a law enforcement agency. 00401 b) AB 78 amends the locked container exemption section to the concealed carry section (Penal Code Section 12026.2) to add two specific exemptions to allow the transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and the transportation of a firearm by a person who finds the firearm and is transporting it toa law enforcement agency for disposition according to law. . Since this bill adds to a laundry list of exemptions, as is the case with the other exemptions, in order for a firearm to be exempted while being transported to or from a place, the firearm shall be unloaded, kept ina locked container and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. Under current law, a "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. The term "Locked container" does not include the utility or glove compartment of a motor vehicle. In addition, the bill also requires prior notice to a law enforcement agency that the person is bringing ;a gun therein. Section 12020 Items: Penal Code Section 12020 bans the manufacture, distribution, importation and possession of most illegal firearms, a number of knives, certain accessories, and certain forms of ammunition. AB 78 would allow possession incident to transport of all Section 12020 items other than a short-barreled rifle or short-barreled shotgun found and possessed by a person who is not prohibited from possessing firearms or ammunition and is transporting the listed item to a law enforcement agency for disposition according to law. Additionally, in the case of guns there must be prior notice to the agency and the gun must be transported in a locked container, as that term is defined under current law. 00402 a) Your staff agreed that prior notice was not required for non-gun devices as most of these items where not likely to lead to the type of confrontation as the sudden appearance of guns and might in fact discourage persons who are not “prohibited persons": from utilizing these provisions if theybecame too restrictive. Armor-Piercing Ammunition. Armor-piercing ammunition {aka "cop killer bullets") are prohibited by Penal Code Section 12320. Under this bill, a person who found the ammunition may possess it incident to transporting it to a law enforcement agency for disposition according to law if he or she is not in a prohibited class of person prohibited from possessing firearms or ammunition. Obliterated serial numbers on firearms. This bill allows a person not prohibited from possessing firearms or ammunition to possess firearms with obliterated serial incident to turning the same into a law enforcement agency for their disposition. As is the case with other firearms related exemptions the gun must be transported transported in a locked container and there is prior notice to the agency receiving the weapon. Prohibited Persons: As noted above, case law suggests that felons and other prohibited persons who take possession guns out of necessity and turn them into a law enforcement agency may possess the same incident to transportation thereto. This bill recognizes that but takes a much more restricted view on this issue. Its one thing to allow a person with a non violent record to take a legal gun to an agency which he or she truly finds. ‘However, it is another thing to allow an illegal possessor to possess even for one moment an item that no one save law enforcement can possess. This bill makes justifiable a violation of Penal Code Section 12021 (but not other statutes) a possession charge where all of the following conditions are met: - The person found the firearm or took the firearm from a person who was committing a crime against him or her. - The person possessed the firearm no longer 00403 V. Law _enforcement and military exemptions for possession of firearms with obliterated serial numbers There are no express exemptions for law enforcement and military personnel to possess guns with obliterated serial numbers in the course and scope of their duties. AB 78 adds such exemptions. VI. Assignment of Serial numbers for all firearms AB 78 allows the Department of Justice to assign a distinguishing number or mark to any firearm. The Department can only do that for handguns now. This change wags requested by the Department, the firearms groups and insurers so that that persons can obtain theft insurance, insurers can better monitor insurance claims, and enhances the ability to apprehend thieves who steal guns and allows persons to recover their property. VII. Miscellaneous Finally, at the request of Legislative Counsel, the bill makes cosmetic code maintenance changes to the machine-gun exemption statute. 00404 than was necessary to deliver or transport the firearm to a law enforcement agency for that ‘agency’s disposition according to law. - If the firearm was transported to a law enforcement agency, it was transported in accordance with the locked container rules and there was prior notice to the agency. As to the burden of proof, upon the trial for violating the possession section, the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this bill. The defendant has the burden of proving by a preponderance of the evidence that he or she comes within the provisions of the exemption created by this bill. There is similar language to include the same language in Penal Code Section 12316 (prohibited ‘persons possessing ammunition) to include the same provision limited 'to the same persons set ‘forth in Section 12021 In sum, the weapons turn in provisions of the bill take the more restrictive view of case law. The bill does not affect machineguns, silencers, assault weapons (which are covered under existing law), or sawed off style firearms. Persons with no criminal record or mental infirmity have a narrow turn in window which they bear the burden is showing is legitimate. Persons with non-violent convictions have a much tougher burden than the average citizen or what case law would. suggest. They can only claim "turn in" relief as to guns that the average citizen may possess after meeting very stringent conditions with a high burden of proof which would indicate it is a true "turn in". They may not in any event claim any relief as to illegal weapons or ammunition. And, the bill does not provide any relief to violent felons or the mentally infirm. Iv. Lab Personnel Under a number of code sections, lab personnel have a clear exemption to allow them to possess contraband incident to their official duties. Neither the obliterated serial number section nor Penal Code Section 12020 have such a clear exemption. AB 78 explicitly allows possession of any weapon, device, or ammunition banned by Section 12020 by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. 00405 STATE CAPITOL ‘ COMMITTEES P.O. BOX 942849sacracAkt Assembly senve (916)445-7650 FAX . . 7 APPROPRIATIONS * GOVERNMENTAL. DISTRICT OFFICE CalifaTHIS Lenislature ORGANIZATION 34932 YUCAIPA BLVD. YUCAIPA, GA 92999 : ' BRETT GRANLUND(909) 790-4196 (909) 790-0479 FAX : ASSEMBLYMEMBER,SIXTY-FIFTH DISTRICT To: Steve Boreman From: Irwin Nowick Re: AB 78 Steve: In order to comply with Judge Bond's decision, both the buffoons and a number ofpeace officer groups,i..e. Paul Curry and ALADS (Yaryan), would prefer that in lieu of repealing current 8103(f) that there be a court hearing procedure be imposed at which point the prohibition be imposed. I also think you should talk to Simon Haines to pre-orchestrate the analysis.. I see from the data that 40% of these persons are picked up under 8103(g). I would appreciate it ifas a Plan B, DOJ come up with alternative language to do the court hearing procedure with the appropriate conforming changes to keep 8103(g) in place. Simon will not set Assembly Bills until mid June so you have some time to work onthis. Brett will not amend thebill until there is a united front on this.. Brett has to do a couple of amendments to conform the bill to a Judith request in COPS and he will also includein the bill the serial numberstuffin SB 63 (Peace). The bill will not be amendeduntil the 8103 issue is worked out. . 00406 Printed an Recycled Paper - AB I¢f Jack Horton ue , Gerald Ross Adams ~— David B, JudsonChief Deputy Wi ~~. wee! Paut Antilla Michael B. Kelly ». ‘Hama Rao Anwar Michael Robert KerrseesLod CHISlaAtiwe Vowiisel eee aearn Harvey J. Foster .* gre Joa J. Ayala Aubrey LaBrla John T. Studebaker oa ~ Lara K, Blerman L, Erk Langa Daniel A. Weitzman g Ye 1 ortDS Marla L. Bondonno Felicia A. Lea : Ann M. Burastero Diana G. Lim David 0. Alves ; : " , . Ellesn J. Buxton Jennifer Loomis Diane F, Boyer-Vine Cindy M. Cardutto Kirk S. Louie C. David Dickerson vie Edward NedCohen Marlana Marin Robert Cullen Dutty BION M. GREGORY Emilia Cuter Anthony P. Marquez Robert D. Gronke . * Ben E. Dale Franalsco A. Martin Michael J. Kersten Byron O. Damiani, Jr, JudyAnne McGintey dames A Marsala . Jaffray A, DeLand Peter Melnicoe Robert G, Millar Clinton J. deWilt Sheila R. Mohan Tracy O. Powell It Frances 8. Dorbin Abel Munoz Marguerlle Roth Maureen §. Dunn Sharon Rellly Michael H. Upson Sharon PR. Fisher Tara Aula Christopher Zirkle Clay Fuller MichaelB. Salerno Prlncipal Deputies Patrica R. Gates William Stark —__ — * a Debra Zidich Gibbons Jessica L. Steele stato Capitol, Bute 3021 Sacramento, California Shir KGibert ChristopherH. Stevens ‘ onya Anne Grant Ellen Sware Sacremento, CA 86814-4998 July 25, 199 7 Alvin D. Gress Mark Franklin Terry (918)445-3057 Telacopler: (916) 322-0762 Elizabeth M. Gress Jeff Thom Marla Hilakos Hanks Richard Thomsoa Jana T. Harrington Aichard B. Waisberg Baldev S.Helr Thomas D. Whelan Thomas. R. Heuer Karen L. Ziskind Lori Ann Joseph Jack G, Zorman Deputies Honorable Pete Wilson Governor of California Sacramento, CA REPORT ON ENROLLED BILL A.B. 78 GRANLUND. Firearms: transporting exemption. SUMMARY: See Legislative Counsel's Digest on the bill as adopted. FORM: Approved. CONSTITUTIONALITY: Approved. TITLE: Approved. CONFLICTS: This bill and Assembly Bill No. 688, which is also before the Governor, would both amend Section 12021 of the Penal Code. This bill contains provisions that make all of the changes in Section 12021 proposed by A.B. 688 and this bill if both bills are chaptered and this bill is chaptered last (Secs. 2.5 and 10, this bill). A.B. 688 also contains provisions that purport to make all of the changes in Section 12021 proposed by both bills if both bills are chaptered and A.B. 688 is chaptered last (Secs. 2 and 3, A.B. 688). However, those provisions incorporate most but not all of the changes in Section 12021 proposed by this bill. Those provisions do not incorporate subparagraph (D) into paragraph {1) of subdivision (h) which is added to Section 12021 by the proposed amendment to that section contained in this bill. Subparagraph (D) would justify 00407 Report on A.B. 78 - p. 2 SRM: dil a person violating certain provisions that prohibit specified persons from owning, possessing, or having in his or her custody or control, any firearm if the firearm is being transported to a law enforcement agency and the person transporting the firearm has given prior notice to the law enforcement agency that he or she is transporting the firearm to the law enforcement agency for disposition (Secs. 2 and 2.5, this bill). Thus, if both bills are chaptered and this bill is chaptered last, the changes in Section 12021 of the Penal Code proposed by each bill will be given effect. However, if A.B. 688 is chaptered last, the changes proposed by each bill will be given effect, except for the change discussed above proposed by this bill (Sec. 9605, Gov. C.). Bion M. Gregory Legislative Counsel Shits Kk. Hihar. By Sheila R. Mohan Deputy Legislative Counsel Two copies to Honorable Brett Granlund and Honorable Larry Bowler, pursuant to Joint Rule 34. 00408 Jack Horton Chief Deputy James L. Ashford Harvey J. Foster John T, Studebaker Daniel A. Weitzman David D. Alves Diane F. Bayer-Ving C. David Dickerson Robert Cullen Duffy Rober D. Gronke MichaelJ. Kersten James A. Marsala Robert G. Miller Tracy ©. Powell il Marguerite Roth Michael H. Upson ChristopherZirkle Principal Deputies State Capitol, Suite 3021 Sacramento, CA 95814-4996 (916) 445-3057 Telacopler: (916) 322-0769 Honorable MB 78 Gerald RossAdams David B. Judson Paud Antilla Michael R. Kelly Hema Rao Anwar Michaet Robert Karr Charles C. Asbill Eve 9. Kratinger Joe J. Ayala Aubrey LaBrie Lara K. Blarman L. Erik Lange Maria L. Bonconno Fellcia A. Lee Ann M. Burastero Diana G. Lim Eteen J, Buxton Jennifer Loomis Cindy M. Carciitio Kirk S. Loule Edward Ned Cohen Marfana Marla Emila Cutrer Anthony P. Marquez Ben E. Dele Franclsco.A, Martin Syren D. Damiani, Jr. =JudyAnne McGinley Jaffray A. DeLand Peter Melnicoe Clinton J, deWit Shella A. Mohan Frances 3. Dorbin Abel Munoz. Maureen S. Dunn Sharon Reilty Sharon R. Fisher Tara Ruto ; . Clay Fuller Michael B. Salerne Sacramento, California PatrickAGaies= Willam K Stark ‘a ns Jessica Steels September 10, 1997 Shira K. Gilbert Christopher H. Stevens Sonya Anne Grant Elien Sward Alvin D, Gress Mark Frankiin Terry Elizabeth M. Gress Jeff Thom Maria Hitakos Hanke Richard Thomson Jana T. Hardngton Baldev &. Heir Thomas A. Heuer Lod Ann Joseph Richard B. Welsberg Thomas 0. Whelan Karen L. Z2Iskind ack G. Zorman Deputies Pete Wilson Governor of California Sacramento, CA 95814. A.B. 1221 SUMMARY: FORM: REPORT ON ENROLLED BILUL ARONER. Firearms: ammunition and reloaded ammunition. , See Legislative Counsel's Digest on the bill as adopted. Approved. CONSTITUTIONALITY: Approved. TITLE: CONFLICTS: Approved. This bill and Assembly Bill No. 78, which has been chaptered (Ch. 158, Stats. 1997), both amend Section 12316 of the Penal Code. This bill contains provisions that make all of the changes in Section 12316 proposed by both bills if this bill is chaptered last (Secs. 2 and 3, this bill). 00409 Report on A.B. 1221 - p. 2 Thus, if this bill is chaptered, the changes in Section 12316 of the Penal Code proposed by each bill will be given effect (Sec. 9605, Gov. C.). Bion M. Gregory Legislative Counsel » CMe ee Aubrey LaBrie Deputy Legislative Counsel ALB: cfv Two copies to Honorable Dion Louise Aroner and Honorable Brett Granlund, pursuant to Joint Rule 34. 00410 Sep-16-97 01:08P P.O1 _ DANIEL E, LUNGREN . State of California - Attorney General DEPARTMENT OF JUSTICE _ FAX TRANSMISSION COVER SHEET race Ss IMPORTANT/CONFIGENTIAL: This communication is intanded only for the Uso of the individual or antity to which it is addressed. This massage contains Intormatian from the State of Caiitornia, Artarney General's Office. which may de privileged, confidential and exempt from disclosure under applicable law. if the readar of thig communication is not the intended recipient, you are hereby notified that rydiasemination, dlerribution, 6¢ copying of this communication Iz atrictly prohibited. EI pate: Po fb - T7 TIME:LSprin OF PAGES: To: brett.granlund@assembly.ca.gov, Senator.Schiffesen.ca.gov Subject: AB 78 | Dear Assemblyman Grandlund: Par Senator Schiff: I checked the Legislature's web page this morning, and I see that AB 78 (dirks or daggers and a bunch of stuff about transporting guns) was amended again on 6/17, to delete one the the two good things it did for tool-using animals. - Tt still decriminalizes pocket knives. It no longer has a safe harbor for fixed blade knives and other sharp objects which are carried in a backpack, luggage, tool box, purse, or other containers used to transport possessions. So .. . If you buy a chef's knife at a store, how do you get it from the store to your car? Do you carry it "concealed" in its package down in your shoppingbag in violation of Section 12020, or do you carry it openly through the mall, scaring people? A common kitchen paring knife might well be a dirk or dagger if it's in a crude sheath made from cardboard and tape and stuck down the backside of somebody's trousers with his shirt tail out. In a picnic basket, it probably isn't, but does the law say it is? A hunting knife in a sheath with a snap flap or snap strap may actually be slower to deploy thana Buck Crosslock folder. If somebody thought that the deleted language gave my wife too much of a carte blanch to carry a nine-~inch double-barbed Rambotron Ninja I thmonger in her purse, let me suggest some alternative language: "| . . a Knife [etcetera] which is, AS CARRIED, capable of IMMEDIATE use ‘ag a stabbing weapon [etcetera]. This makes it clear that the object is to discourage nasty surprises on the street, and recognizes that the sheath or other container or lack thereof ig an integral part of the whole tool/weapon in question. Glad to see that somebody remembered to make 626.10 match 12020. Sincerely, | James K. Mattis 10359 Mt. Gleason Ave., Sunland, CA 91040 818-353-4734 / daytime 818-247-3400 http: //home.earthlink.net/~jkmtsm 00420 STATE CAPITOL COMMITTEES P.O, BOX 942849 h I SACRAMENTO, CA 94249-0001 HEALTH. Vice Chat (918) 445-7552 SoPit v ice Chair (916) 445-7650 FAX APPROPRIATIONS 13 wo , GOVERNMENTAL DISTRICT OFFICE CalituOttita Lenisla ture RGANIZATION 94992 YUCAIPA BLVD. CG ; p00)790-8196 BRETT GRANLUND (909) 790-0479 FAX ASSEMBLYMEMBER,SIXTY-FIFTH DISTRICT June 10, 1997 Hon, DaveStirling DepartmentofJustice 1300 I Street Sacramento, CA 95814 Dear Dave: 1 wanted to let you know that J appreciate the efforts of Steve Boreman on behalf of my AB 78, 1 also wanted to get your office's confirmation as to current flaw. As you know, there are several exemptions from dealer processing offirearms predicated on the recipient of a handgun reregistering the gun in his name by sendingim a "doit yourself" registration form to DOJ. Those exemptionsare contained in Section 12078¢c) and (i). In addition, Penal Code section 12078(1) allows persons who are not required to register their handguns to do so. Manypersonsprudently choose to go to gun dealerships to obtain technicalassistanceto fill out these formssothat they are filled out correctly. This typically occurs when they fill out 12078(1) forms to maketheir insurers happy. I know that in the past DOJ hasorally stated that when a gun dealer assists persons in filling out these forms with the person present by finding the make, model, and serial number, and writing the information on the form, he is not taking possession of the gun in such a manner that when he immediately hands the gun backto the person that doesnot invoke the DROSprocess. I know that BATFhasstated that the bound book and form 4473 process does not apply to this dealer assistance type of action. A gun dealer in my area wanted written assurance that whenhe assists persons as described in the preceding paragraph, that when he hands the gun back to the person that does not invoke the DROS process. 1 would appreciate it if you could give me a short, one page letter that confirms that fact. Yourattention to this matter is appreciated. EE...LE Brett Graniund 00421 Printed on Recycled Paper SMattis nm Gnives Hand-nade knives, to sustain life, or at least make life more convenient James K. Mattis *-500 N. Central Ave., Suite 740 Glendale, CA 91203 (818) 247-3400 day, or (818) 353-4734 * Fax (818) 353-7873 jkmtsm@earthlinknet + hetp://home.earthlink.net/~jkmtsm/index.ieml May 19, 1997 . Ca he)”vers:, : daytime fax (818) 247-7777 Assemblyman Brett Granlund neA prrnagregh#1 fax (916) 445-7650 State Capitol, Room 4164 Offaxh,Bg! phone(916) 445-7552 Sacramento, CA 95814 jas? Ansel Attn: Ash Re: Assembly Bill 78 - the “Dirk or Dagger” part — Thank you for the invitation last month to come up to Sacramento tomorrow to talk to the committee - about AB78. I see it didn’t need my help, which is good because | am a CPAinreal life, and that was the wrong week for me to leave the office for the honor of participating in the legislative process. Hereis, more or fess, what 1 would have told cell the committee if 1 was there: First ofall, | regard a knife as primarily a tool, not a weapon.It is. che first tool, and the foundation of all other technology. The invention of the knife allowed ourspecies to alter nature, and to peel the fruit of the tree of knowledge, making moral choices both necessary and possible. A knife is also the weakest of all the traditional weapons of war. Any tool that can do work can do damage. The definition of “dirk or dagger” in the Penal Code needs work. For along time, there was none, Then webriefly had a definition which depended onthe intent of the manufacturer, which made it hard to get convictions unless the label said “Acme Dirk or Dagger.” It’s the intent of the bearer that matters, not the intent of the manufacturer, In 1995 the Legislature, at the request of prosecutors, passed AB 1222, which made it much easier to get convictions because it made the definition so broad that practically everybody now breaks the law at one time or another. If you are fishing, and you have a modest sheath knife on your belt, and you put on a jacket whenthe wind comes up, you are breaking che law. If you buy a kitchen knife and “conceal”it in your shopping bag to take it home, you are breaking the law, Far-fetched? The Public Defender in Los Angeleshas a pending case of a homeless guy whohad a steak knife in his backpack, charged under §12020.Ifyou carry a ball-point pen in your pocket, you are breaking the law. Far-fetched? A poke in the eye with a sharp. stick is a great bodily injury, and there are martial artists who will happily teach an advanced student how to kill with one. There is nothing in the statute aboutintent. Mostof the time the police will probably read intent into the law. Lastfall, when | openly carried some of my hand-made knives from my car and up the elevator to my office, and aneasily frightened person called the Glendale police, } had two law enforcementofficers politely tell me that they would prefer that 1 should discretely break the law than openly obeyit! . AB 78,in itslatest form, does two things to improvethe law. For one thing, it makes it clear that a knife carried in a container is not a concealed dirk or dagger, because a knife in a closed container can’t suddenly appear in the middle of a heated argument. This makesit legally possible to bring a kitchen knife homefrom the store, Thebill doesn’t say it, but a fixed-blade knife in a snap-flap sheath requires as many motions to deploy as a folding knife. Perhaps “closed container” would be better language than thelist in the bill as it stands. . AB 78 also makesit clear that folding knives are not “dirks or daggers” unless the blade is exposed and locked into position. | don’t know why it mentions non-locking folding knives separately from non- switchbladefolders and pocket knives, and | presumethat it means that a lock-bladefolderis also not a dirk or dagger unless the blade is exposed and locked into position. The reference to switchblades brings up the matter of §653K, and I can’t think of any good reason why §653K needsto be in the Penal Code at all. | don’t care how you open your pocket knife; | only care what you do with it after you openit. 00422 AB 78 does not as it now stands do anything for a fisherman on a cold day, or us folks whocarry concealed ball-pointpens. A lot ofjurisdictions have safe-harborblade length (4” single-edged?) and lawful use exceptions in their dirk or daggers laws, and it would help if California did too. The Los Angeles city ordinance (LA Municipal Code §55.10) on open carry of cutlery says, “(c) The prohibitions in this section shall not apply where a personis wearing or carrying a knife or dagger for use in a lawful occupation, for lawful recreational purposes, or as a recognized religious practice, or while the personis traveling to or returning from participation in such activity.” 1 would possibly be willing to give up my right to carry concealed a 4%” double-edged Gerber Applegate CombatFolder in exchange for the right to put on a jacket when t have my home-made fixed-blade 3” gentleman's steak knife on my belt. | carry a fixed-blade knife because, when | cut something edible, | don't wantorganic stuff getting into a folder’s joint and breeding germs. A fixed blade is easier to clean. By way of comparison the FAA atlast report allowsfolding knives, including one-hand locking folders, with blades under 4” on board airplanes. Onetechnical note: The definition of dirk or dagger in §12020is also to be found in §626.10, concerning cutlery on school and college campuses. Any change in §12020 should be referenced there too. Why a college or university, whose students are mostly legal adults, needs a state law on cutlery, as opposed to an internal regulation if the administration thinks necessary, is another question entirely. Thebasic probleminthis discussionis that we are focussing on the object, whenthe problemis intent. Whetherit’s a warm and sunny shirtsleeve day or a cold and rainy jacket day, a six-inch K-Bar Marine knife on a hunter's or hiker’s belt is innocent, but a box-cutter brandished in a heated argument is not innocent. Intentis everything. The object is nothing. The problemis that DA’s hate having to prove intent. As written, the law allows people to be busted for being up to no good, without anybody having to prove whatsort of no good they were upto,if they have any kind of sharp object on their persons.| hada first- hand experience with this a week an a half ago, when | gota call from a desperatedeputy public defender in Los Angeles, who needed an expert witness on knives, but had to settle for me instead. The defendant was a homeless guy who had a peculiar folding knife stuffed into his pocket when the police were unable to find any drugs or drug money onhim. The knife was a cheap import fromPakistan, with a blade that was longer than the handle, making it either a short fixed-blade knife, or an absurdly long folder. He was charged with violating §12020, concealed dirk or dagger, and §653K, because one could “flip” the blade into the long position on the fourth try (at least | could after the city attorney oiled the evidence!). It was my job to persuadethe jury that the gravity knife theory was bogus, because almost any lock-blade folder can be made “contraband” by that test with practice, and to plant in the jury the thought that the definition of dirk or dagger might need an application of commonsense not to be found in the statute, because it is so broad it makes criminals of all of us. Thetrial was all about the object, and not aboutintent. Since intent is everything, the jury was given an absurd problem and asked to come up with a logical answer. They spent two and a half days deliberating on two misdemeanor counts before giving up and finding him not guilty on both counts. The public defender had doneherjob right, and | must have given a few right answers, but a week of court time was consumed by a case of a man charged with doing what | do every day. Unfortunately, | can’t get it in writing from anybody that the law will only be enforced on “gang-bangers” and “bums.” The law needs better logic. | wish you well in your attempt to give it some. Thank you for your attention Sincerely, Jaines K. Mattis 00423 {Text ofmemofrom James K, Mattis to Deputy Public Defender Celine Bonillo, late March, 1997] MemoRe. Dirks, Daggers, Switchblades, Etcetera: | have been making knives, as a hobby and micro-business for abouteight years, and collecting them and using themfora lot longer than that, and talking to and corresponding with numerousother knife makers and knife users. | have been a member of the California Knifemakers Association (Cal-Knives) for several years, includingone year as president of the group andatleast five years as the guy whodoesthe bulletin. Cal-Knives is 90-odd guys, a few normal guys, and two womenatlast count. In my experience, several commonknife terms are used as follows: If you come to a knife maker and ask for a switchblade, the maker will take a quick lookat local law, and, if properly coaxed and rewarded, make you a pocket knife whose bladeis held closed, against spring tension, by a positive catch of some sort. Releasing that catch allows the blade to spring open and normally to lock in the openposition, Rapid one-hand opening is the main convenience in this design, as long as one knows where all one’s fingers are when one opensit. Disadvantages include legal and mechanical complications, spring tension that resists blade closure all the way in, the possibility of accidental opening inside the pocket (embarrassing!), and the possibility of droppingthe knife if the blade “opens hard”while one is holding the handle only with fingertips along the sides thereof. {Note: Switchblade, or “automatic” knives are legal in a lotofstates, including Oregon, where Benchmade makes some very practical utility designs with that kind of mechanism. Oregon treats switchblades like “dirks or daggers,” which may not be carried concealed, If the knife's pocket clip is visible, it isn’t concealed.—JKM 5/19] If you come to a knife maker and ask for a gravity knife, the maker will take a quick look at local law, and, if properly coaxed and rewarded, make you a pocket knife whose bladeis held closed, against gravity, by a positive catch of some sort. Releasing that catch allows the bladeto fall and to lock in the open position. Rapid one-hand openingis the main convenience in this design, as long as one knows whereall one’s fingers are when one opensit. The main disadvantageis legal complications in some jurisdictions. Once variation of the gravity knife concept is the balisong or butterfly knife. This design, popular in the Philippines among other places, consists of a blade with two handles that swing freely on twopivots, to open the knife or to enclose the blade between them. This design is considered a “gravity knife” by U.S. Customsofficers and by many law enforcement people in California, butit circulates freely and openly in interstate commerce and in most other states. Benchmade makes butterfly knives in Oregon andships them to any state other chan California. The term, “gravity knife” issometimes questionably applied to individual pocket knives which have come to the attention of law enforcement, which may be“flipped” open with a hard flip of the wrist, in one or several tries, though the knife was designed to be opened less dramatically. The hard flip puts unnecessary stress on the pivot and locking mechanism, and carries a danger of accidentally throwing the (partly) opened knife in a randomdirection of one doesn’t hold it firmly enough with the fingertips while flipping it. Since this method doesn’t work every time, and is often slower than openingtheknife as the maker intended, one would normally not want to open a knife that way, especially in an emergency, thoughit is possible that one would need to attempt ic with a two-hand knife such as a classic “Buck knife” in a situation where one’s other hand was occupied, trapped, or injured. Any pocket knife whose bladeis held in the handle by a combinationoffriction and spring tension—in other words the majority of all pocket knifes—may be “flipped open” with enough velocity and a hard enough stop, dependingon the agility of the person attemptingit. This is rather difficult with a “Swiss Army” type knife, but easier with almost any conventional single-blade lock-blade folding knife. It is especially easy with a folding knife that has been brokenin as a working knife and properly maintained. Also, many knives which cannoteasily be “flipped open” in normal use can be “flipped open” with the use of a cord attached to the rear of the handle to preventloss, though there is danger ofaccidentally cutting one’s leg or other body parts on the rebound if one attempts this. A definition of gravity knives, for purposes of enforcing a prohibition on such things, that includes the 00424 “hard flip” turns into contraband mostof the pocket knives that are currently and openly made, sold, and/or carried in California and elsewhere. , If you come to a knife maker and ask for a dagger, the maker will make a quick assessment of the odds (usually remote) that the knife will end up ina police report, and,if properly coaxed and rewarded, make you a double-edged knife with fearful symmetry thatis mainly useful for openingletters and wearing to a renaissancefair, If you ask for a dirk, you will probably get a large single-edged “sticker” with some Celtic decorative elements, suitable for wearing witha kilt. Ifyou ask for a Bowie knife, you will probably - get a large knife that would not clash with 19th century casual dress.If you ask for a combat knife, you will probably get something with a non-glare finish and sturdily built, to cut inanimate objects in an abusive environment, with the possibility that it might become a weapon under the same dire circumstances where a soldier would also kick an enemy with his combatboots. Ifyou ask for a fighting knife, you will get any of a wild variety of things, from a growl from a knife maker whoprefers to make cutting tools, to a knife designed by a martial artist of one school or another, to something that only works a long time ago in a galaxy far far away. A knife maker or collector would notordinarily refer to any single edged knife suitable for utility use in the woods, in the kitchen, or around town, as a “dirk or dagger,” though if any such knife was coming toward me,bladefirst, 1 would want to get out of the way. As.an editorial comment, | would expect any homeless person, who is perhaps involuntarily engaged in a sort of primitive camping, to own, and to carry onhis person since he or she has no secure home to store it in, a knife of some sort, as a general purpose tool which can modify a refrigerator box, cut away the fuzzy partof discarded food, and perhaps discourage assault as well. | would expect even a bad person or a crazy person who is homeless to owna knife of somesort, since, with a knife, it is possible to live like a humanbeingand not like an animal. | hope someof this helps. Sincerely, SEAee James K. Mattis 00425 05/01/97 THU 10:45 FAX 3222630 LEGISLALLVE AFFALKS DANIEL E. LUNGREN a State of California Attorney General DEPARTMENT OF JUSTICE wyuUuEL 1300 I STREET, SUITE 125 P.O. BOX 944255 SACRAMENTO, CA. 94244-2550 (916) 445.9555 FACSIMILE: (916) 322-2630 (916) 324-5413 May 1, 1997 The Hon. Assemblyman Brett Granlund State Capitol Sacramento, CA 95814 RE: AB 78 (Graniund), firearms. Dear Assemblyman Granlund: Thank you for your offer to amend AB 78 (Granlund), your bill relating to firearms, in order to address firearm possession prohibition issues raised in Dayacamos v. Department of Justice, Sacramento County Superior Court Case No.96 CS 01471, relative to persons detained by peace officers under Penal Code § 5150. Attached is an analysis of the issue and our legislative proposal, including the specific language which we request that you adopt for amendment of AB 78, In our analysis you will also find answers to the inquiries you posed in your letter of April 28, 1997, including the fiscal impact on the DROS program. It is the Attorney General’s policy to request that all authors of sponsored bills agree to allow our office to review any proposed amendments to this measure in advance, and that adoption of any amendment be subject to our prior approval. Adoption of unauthorized amendments may result in withdrawal of sponsership. Should this policy present any difficulties for you, please advise our office immediately. Again, thank you for your aseistance. Please advise when you wish to meet. pursuant to your letter of April 28, 1997. Sincerely, DANIEL E, LUNGREN Attorney General KeiJon, STEPHEN M. BOREMAN DeputyAttorney General 00426 MAY-@1-1997 12:80 3222638 96% P.@2 05/01/97 THU 10:46 FAX 3222630 LEGISLATIVE AFFALKS wy VUYy The Hon: Assemblyman Brett Granlund May 1, 1997 Page 2 cc: Charlie Fennessey, Governor's Office Assembly Public Safety Committee Assembly Appropriations Committee Assembly Minority Appropriations Staff 00427 MAY-21-1997 12:80 3222630 36% P.@3 05/01/97 ‘THU 1LU:46 FAA 52Z22z2Z650 LEGIOLALLYD APS ALM ‘Stateof California Departmentof Justice 4949 Broadway, J231 Sacramento, CA 5820 Memorandum T From, Subject : : tC . Date: April 23, 1997 Telephone: CALNET(8} 498-3500 eee (916) 227-3500 = FACSIMILE: (916) 227-3700 Mike Broderick, Manager Firearms Program CrimJnal Justice Information Services Division Davacamos vs, Department of Justice, Legislative Proposal As you are aware, the recent Dayacamos vs, Department ofJustice court decision has held -* that the reporting ofW&I 5150 (72-hour hold) information and the associated 5-year prohibition from owning or possessing firearmsis unconstitutional. In light ofthe Attorney General’s decision not to appeal! or pursue any legislative remedy to the court ruling, we are moving ahead to fully comply with this decision. Oneof the importanttasks is a revision to W&I 8103 to remove all reporting requirements currently mandated ofmental health facilities with respect to W&I 5150 commitments. In addition, all associated references in W&I 8103 prohibiting W&I 5150s from owning or possessing a firearm will also need to be removed, Attached find the necessary legislative proposal package that will accomplish this task. All appropriate W&I 8103 language modifications are enclosed in this draft proposal. Please review and approve the attached legislative proposal. Please forward to Director Dedier for his sign-off and return to me so that I can move forward and work with DAG Steve Boreman ofthe Legislative Unit to quickly introduce the attached proposal. tf Attachment 00428 MAY-@1~1997 12:00 3222638 96% P.O 05/01/97 THU 10:46 FAX 3222630 LEGISLALLYE APFALKS , Hw Division Priority # (Assigned by Division Chief) DEPARTMENT OF JUSTICEay ___.. LEGISLATIVE PROPOSAL FORMAT wey DIVISION AND BUREAU/SECTION SUBMITTING THE PROPOSAL Division: CriminalJustice Information Services Division Bureau: Bureau ofCriminal Information andAnalysis Section: Firearms Program — TITLE Court imposed revisions to Welfare & Institutions (W&D) Code section 8103 (mental health database) SUMMARY In light ofa recent court decision (Dayacamos vs. Department ofJustice) which has ruled that aspects of W&I Code section 8103 are unconstitutional inasmuch as individuals detained underthe provisions ofW&I5150 (72-hour hold) are not afforded any type ofajudicial review priorto their inclusion within the Firearms Programs mental health database. Inclusion prohibits themfrom owningorpossessing afirearm jorfive years. Essentially, the court has held that the statue does notprovidefor adequate notice and an opportunityfor a hearing within a meaningful time (prior to inclusion in our mental health database). DAG Eileen Gray is the Department's attorney who has been handling this case. This legislative proposal makes required changes to W&I Code section 8103 which has historically mandated that mental healthfacilities report W&I 5150 detainees to the Department ofJusticefor inclusion in our mental health database. In addition, W&I 8103 also contains the specific language prohibiting such individualsfrom owning or possessing afirearmforfive years. The attachedproposedlegislative revisions will - remove all ofthesereferences. BACKGROUND A. Existing The proposed legislation will removeall references to the current mandatory reporting of W&Isection 5150 detainees to the DepartmentofJustice and all language pertaining to the prohibition ofsuch individualsfrom owning or possessing afirearm. These changes are mandatory based upon the court ruling associated with the recent Dayacamos vs. Department ofJustice court case. 00429 MAY-81-1997 12:81 3222638 36% P.@5 05/01/97 THU 10:46 FAX 3222630 oo, LEGISLALIVE AFFALKS Buy Problem DAG Eileen Gray (324-5442) recentlycontacted the Firearms Program relative to a court case she was handling (Dayacamos vs. DepartmentofJustice) which ruled that aspects ofW&I Code section 8203 were unconstitutional inasmuch as individuals detained under Wé&I 5150 (72-hour hold) are not afforded any type of judicial review prior to their inclusion within the Firearm Program’s mental health database which prohibits themfrom owning orpossessing afirearmfor five years. Essentially, the court has held that the statute does notprovidefor adequate notice and an opportunityfor a hearing within a meaningful time (prior to inclusion in our mental health database). In light ofthis decision coupled with confirmationfrom the Attorney Generalthat he does not wish to appeal orpursue eny type oflegislative remedy to the recent ' court decision, the Firearms Program must immediately take action to implement the court's order bypurging its mental health database ofall W&I 5150 entries andsubmitting the necessary corrective legislation removing current statutory language requiring mental healthfacilities to report W&I 5150s to the Department ofJustice andprohibiting such individualsfrom owning or possessing afirearm forfive years, Based upon contact with the Department ofMental Health, it is estimated that approximately 40% ofour existing mental health database represents individuals that have beenheld beyond the 72-hour hold limitations contained within W&I5150.. Because such individuals have also gone through the necessary Judicial review before their 14-day hold was imposed, these individuals would continue to remain in our mental health database. However, 60% ofour existing 413,000 entries will need to be purgedfrom our databasein order to comply with the court’s order. In addition, changes must be made to the existing mental health database reportingform prepared and distributed by the Department of Justice, associated instructions/procedures, previously released Information - Bulletins, and related training materials in order to ensure chatfuture WRI5150 detainees are notreported to the department and erroneously imputed into our mental health database. . V. PROPOSAL A. - MAY-@1-1997 Susegested Legislation Aspreviously indicated, the artached suggested legislative changes providefor revisions to W&Isections 8103 (, (g), and (h). Other thanlegislative changes Specifically designed to comply with the court order, no other changes to this 00430 12:01 3222633 96% P26 05/01/97 THU 10:47 FAX 3222830 LEGISLATLYE AFFALKS woud C. Policy The proposedlegislative changes are not ofa “public policy” nature but instead represent the department’sfull compliance with the court's ruling. VI. FISCAL IMPACT As indicated by the attachedfinding summary,it is estimated that the cost to refine our mental health database in response to the requirements ofthe court order will cost _ approximately $196,000. At the present time,CJISD managementis working with the Administrative Services Division to identify possiblefunding options to undertake this one time activity. VI. TECHNOLOGY Not Applicable; a minimal expenditure of$6,000 by HDC to separate the existing databasefor distribution and verification by each submitting mental healthfacility, VII. SUPPORT/OPPOSITION Thisproposal is in response to a court order imposed as a result ofa court case involving Dayacamos vs. the DepartmentofJustice. DAG Eileen Gray is the Department's attorney handling this case. Ms Gray can be reached at 324-5442. IX. EXPERTS/WITNESSES Mike Broderick, Manager, Firearms Program ul Bishop, Deputy Attorney General ' Bileen Gray, Deputy Attorney General Telephone: eee g 500Prepared| MIKE BRODERICK, Manager Firearms Program 00431 MAY-@1-1997 12:22 3222630 36% P.B? , 95/01/97 THU 10:47 FAX 3222630 ; LEGISLATIVE AFFAIRS gjuuULU S DEPARTMENT OF JUSTICE EXECUTIVE SUMMARY A recent court case (Dayacamos vs. Department ofJustice) has ruled that sections of Welfare and Institutions (W&I) Code 8103 are unconstitutional inasmuch asit does not provide for adequate notice and an opportunity for a formal hearing prior to the inclusion ofW&I 5150 detainees (72-hour holds) in our mental health database thereby prohibiting them from owning and possessing a firearm for five years. This court decision has major programmatic implications and inherent costs for both the Departmentof Justice and mental health facilities who havehistorically reported W&I 5150 infonmation. In light of this judicial direction, arrangements need to be made with our Legislative Affairs Unit to submit revised statutory language which would amendthe necessary sections ofthe Welfare and Institutions Code section 8103 that currently restrict the ownership and purchase ofa firearm due to an individual’s assessment and admittance to amental health facility under W&I 5150 as well as the mandatory reporting of such W&I 5150 information to the Departmentof Justice for inclusion in our mental health database. The necessary statutory revisions to accomplish this are reflected in this legislative proposal. 00432 MAY-01-1997 12:92 "3222630 97% | P.26 05/01/97 THU 10:48 FAX 3222630 LEGISLALIVE AFFALKS wu DEPARTMENT OF JUSTICE - FISCAL IMPACT 5150 ISSUE Cre. isting by Programmer If (100 hours @ $22.14 per hour [includes staff benefits]}) a $ 2,214.00 Computer time (2 hours @ $150 per hour) $- 300.00 Computer paper (1 box @ $20 per box) 2 20.00 Total to Create 5150 Listing $ 2,534.00 Print and Mail Form Print revised carboned mental health reporting forms (BCIA . 4075) and distribute to mental health facilities $ 20,000.00 Modify Records: Program Technician (4,986.3 hours @ $13.26 per hour plus staff benefits @ 38.88%) $ 91,824.42 Program Technician I (3.3 hours @ $14.29 per hour plus staff benefits @ 38.88%) ‘ $ 65.02 Total to Modify Records $91,889.43 ~ Racilitv Reimbursement: Report reimbursement (164,000 reports @ $.50 per report) $ 82,000.00 TOTAL COST $196,423.43 3 00433 mMAY-@1-1997 12:02 3222630 36% P.89 Officers President Ronald 1. Jarrell Sheri Lassen County Ast Vice President Sear Byrd Sisktyou County 2nd Vice President Glenn Seymour Sheri Madera County Seeretary Charles C. Plummer Sheriff Alanieda County ‘Treasurer SteveMagarian Sheri Fresno County Sergeant-al-Arms Les Weidman Sheri Shanta County rectors Warren Rupf Sheriff Confta Costa County Don McDonald Sheriff EI Dorado County Sherman Block Past President pherif Los Angeles County Tom Sawyer Sheri, eee County Brad Gates - Past Presiden Sheriff Orange County Bill Kolender Sherij San Diego County JimThomas eri Santa Barbara County jimnekPast President Sheri Shasta County Gar Tindel ane County axkk seutine Director ae Muncy California State Sheriffs’ Association April 11, 1997 Organization Founded by the Sheriffs in 1894 The Honorable Brett Granlund Assembly Member, 65th District State Capitol Building Sacramento, CA 95814 Dear Assembly MemberGranlund: Please be advised that the California State Sheriffs’ Association (CSSA)is no longer opposed to AB 78 as amended March 28, 1997. Should you have any questions or wish to discuss CSSA’s position onthis legislation, please don't hesitate to contact me. - Sincerely, Qh- Alva S. Cooper Legislative Advocate ASC/cmc cc: Assembly Committee on Public Safety Attention: Judith Garvey 2125 -19th Street, Suite 103 % P.O, Box 160168 * Sacramento, California 95816-0168 11041197.boc | Telephone 916/448-4242 % Fax 916/448-2137 00434 CAUSE California Union of Safety Employees 2029 H Street Sacramento, CA 95814 - 4-800:522.2873. + 916-447-5262: - 916-447-2530fax ” 2900 Bristol Street Suite H-201 Costa Mesa, CA 92626 4800-55144. T14-708-7576. 8 ee: 714°708-7582fax° “oppor AS 75 April 1, 1997 Honorable Brett Granlund California State Assembly State Capitol, Room 4164 Sacramento, CA 95814 _AB 78 - SUPPORT Dear Assemblyman Granlund: The California Union of Safety Employees (CAUSE), representing more than 6,400 state employed peaceofficers, regulatory investigators and safety personnel, support AB 78. This bill recognizes a glaring loophole in the law with regard to forensic laboratories and the possession and transport of certain types ofevidence, and attempts to correct that problem. CAUSEandthe Association of Criminalists- DepartmentofJustice (affiliated with CAUSE), strongly endorse this corrective measure. Should you have any questions, please call either myself at the CAUSEoffice or CAUSELobbyist Peter Jensen at (916) 441-0258. Sincerely, John A. Miller Director ofGovernmental Affairs JAM:tdd The Voice of Law Enforcement, Public Safety & Consumer Protectio®0435 Crime Jan Miler Chairman March 24, 1997 _ Susan Fisher Vice Chairman Kelly Rudiger Executive Director Board and Advisory Members The Honorable Brett Granlund State Capitol, Room 4164 Sacramento, CA 95814 Jennifer Anderson Steve Baker Cynthia Quarte Re: AB 78 - Support Maggie El Aagate ENvey Dear Assemblyman Granlund: Dan Felizzatto Jeff Fraser On behalf of the Doris Tate Crime Victims Bureau, we would like convey our support for AB 78 regarding exemptions for transportation of firearms. Please feel free to reference our support for the measure in any forum you Judy Luecke deem appropriate. 1 Lane Alexandria Matteucci Sincerely, Evan Milior Paula Myers Anne Poverello Jackie Ravel Knezevich ‘islative Advocate Mike Reynolds oris Tate Crime Victims Bureau Valerie Richards cc: Assembly Public Safety Committee Anne Marie Schubert Minority Consultant Patti Tate Christine Ward Ray Wieser Marianne Wrede (partial listing) 915 L Street, Suite 1120, Sacramento, California 95814 * 1-400-7-VICTIM (1-800-784-2846) * (916} 556-1237 « Fax (916) 556-1660 00436 P.O. Box 412, Carlsbad, California 92018 * Phone/Fax (619) 631-2028 | Personal Insurance March 6, 1997 Honorable Brett Granlund State Capitol, Room 4164 Sacramento, CA 95814 Re: Assembly Bill 79 (Granlund): Request For Input Dear Assemblyman Granlund: On February 5, 1997, you asked me to request input from PIFC member companies seeking their supportof your Assembly Bill 79. In addition to this request for support, you asked me to explain the procedures our member companies usein orderto verify the validity of claims payments. _ Finally, you asked whether our companies would be supportiveoflegislation that would mandate, on a prospective basis, that in order for an insurer to pay a claim on lostor stolen materials, that the make, model and numberof the property be provided to the insurer and kept on file with the DepartmentofJustice, Here is our response to each of these questions: Question What are the current proceduresinsurers use to verify the validity of claims for payments of insurance when property is lost or stolen? Specifically, in order to approve aclaim, do insurers require that claimants provide serial numbers, make and modelin order to pay the claim? Answer: Our companies do not have identical claims payment procedures, but generally all of them respondedin the following manner. To date, our companies do not require insureds to provide serial numbers, make and modelin orderto pay a claim. Although such material, if provided, will expedite the payment of claims, other items such as photographsofthe property, owners manual, a video tape of a home’scontents, verification through credit card payments, as well as other objective verification, are used for purposes of verifying a claim. Furthermore, many of our companies request insuredsto fill out, at the time ofthe initial interview, a complete property inventory worksheetwhich describes items, dates purchased, where purchased, and the cost of insured properties. These approaches are the most common used in handling the payment of claims. Finally, it is not the current claims handling policy of our companies to require serial numbers.on lost or stolen properties in order for the claim to be paid. Question Would insurers be supportive oflegislation which would mandate, on a prospective basis, that in order for an insurer to pay claims onlost. or stolen property, that the property’s make, model and number be provided and kept onfile with the Departmentof Justice? Answer; Although such a requirement would certainly go a long wayin insuringthat fraudulent claims would be less common, we believe that such a requirement would prove to be unduly SEE APSE SLED talPE SEUSS PRIN6 a 5 PRR ERSTEea i arses anf a a ‘7 980 Ninth Street Suite 2030 Sacramento, CA 95814 (916) 442-6646 Fax (916) 446-9548 “Honorable Brett Granlund AB 79 Page 2 onerous and possibly discriminatory to our policyholders. Let me explain, First, from a technical perspective,all insurers would be required to amend their existing policies that they provide to their policyholders requesting that they provide various information to the insurer. Many insurers have a section within their policies labeled “your duties after loss.” This section outlines what a policyholder must doin order to have a claim paid. Mostof these policy documents simply request the preparation of an inventory of damaged or stolen personal property showing, in detail, the quantity, description, actual cash value, and amountof loss. We have found that this document, as well as receipts and other proof ofpayment, are more than adequate to address claims. One of the fears that was raised by our companiesis that to request a more detailed maintenance of information with the Departmentof Justice, as well as requesting the policyholder to maintain this type of information, would require the purchase of a safety deposit box or somesort offire-safe box, Generally, we believe that this requirement would be viewed by our policyholders as an onerous method for compliance with our policies and thus would generate a bad relationship with ' our customer, Ona final note on this issue, in disasters, such as the Oakland Hills Fire, we found that even specifically requesting individual itemized detailed reports of property was viewed as unfair and onerous to our policyholders, We received scores of attacks from the press for requesting this information during the Oakland Hills Fire. We have found that some politicians choose to use our efforts to properly assess claims payments as unfair and oneroustactics to our customers. Asa matter of fact, former Insurance Commissioner John Garamendi madethis one ofhis chief bully pulpit items in 1991, — Question3: Will we support AB 79? Answer: In its current form, the Personal Insurance Federation is able to support AB 79. However, if you were to amend it in a manner to includethe above mentioned items -- which I realize, are intended to assist us -- we believe our support would actually hurt the prospects of your measure being enacted. Asa final comment, I hope you realize that we recognize your efforts to be very positive and, frankly, very much in our own personal interest. However, we have learned that when we support issues that benefit us directly, other legislators who are not as inclined to view business as favorable as you do,use this self-interest as a reason to attack the measure. For that reason, we are urging you,at this point,to carefully consider whether you should include the other requirements on our customers, even though werealize that your intent is to decrease fraudulent claims and to ensure the proper paymentof claims. Assemblyman Granlund, thank you for requesting our input. I would be very happy to sit down with you or your staff to farther amplify our thoughts on your very important Assembly Bill 79. fan C, Dunmoyer President 2AE 79/Graninnd 00438 Bill J. Chapman President California Rifle and Pistol Association, Inc. #4,Miter,ut. Robert.A. Frushon oy 1127 11th Street * Suite 610 * Sacramento, California 95814 ceo met | CALIFORNIA (916) 447-6. RPA, © FAX (916) 446-3531 9 roasurer James H. Erdman, uP.Citeseu Ereoulve Dlocto ESTABLISHED 1929 Gerald H. Upholt Manager - Governmental Affairs January 31, 1997 The Honorable Brett Granlund California State Assembly P.O. Box 942849 Sacramento, CA 94249 Dear Assemblymember Granlund: RE: AB 78 Firearms: Transporting exemption Position: Support as introduced December 18, 1996 This is to notify you of the support of the California Rifle and Pistol Association for legislation introduced by you, AB 78, that would provide for the lawful transportation of firearms "found" by a person to a law enforcement agency; that allows anyone convicted of an offense subject to the 10-year prohibition on the possession of a firearm prior to that offense being added to the 10-year prohibition list to apply to the courts for relief; and which seeks to clarify the provisions relating to the prohibition against the possession of a dirk or dagger concealed upon the person. | Manager of Governmentél Affairs cc: Assembly Public Safety Committee 00439 An Organization ofSportsmenDedicated to the Preservation ofOur American Heritage DANIEL E. LUNGREN _ State of California Attorney General ; DEPARTMENT OF JUSTICE 1300 I STREET, SUITE 125 P.O, BOX 944255 SACRAMENTO, CA 94244-2550 (916) 445-9555 FACSIMILE: (916) 322-2630 @16) 324-5477 January 22, 1997 Honorable Brett Granlund Assembly Member California State Assembly P.O. Box 942849 Sacramento, CA 94249-0001 RE: Letter dated January 9, 1997 concerning AB 78 & 79 Dear Assembly Member Granlund: Thank you for the letter regarding your recently introduced legislation dealing with procedures for returning lost and serialized property recovered by law enforcement agencies to their owners. : Assembly Bills 78 and 79 deal with complex and sensitive issues that are important not only to this office but also to the public. Accordingly, our programstaff will carefully analyze this legislation and advise Attorney General Lungren ofa position we deem appropriate. Again, thank you for yourletter and please contact our office if you have any questions or concerns. Sincerely, JACK R. STEVENS Assistant Attorney General Legislative Affairs 00440 James K. Mattis 10359 Mt, Gleason Ave., Sunland, CA 91040 (818) 247-2400, daytime, or (818) 353-4734 — fax (818) 247-7777 July 31, 1995 To Assemblywoman Diane Martinez &/or Nolice Edwards Fax (916)324-1393 Subject: Dirks and Daggers - Things the law should say, but doesn’t: You may be carrying a concealed dirk or dagger if the object in question is out of sight, and capable of ready use as a stabbing weapon to cause great bodily injury or death, AND I. y e Y PR Id. If, I2. You would flunk the background check if you tried to buy a gun from a licensed dealer, or You said your reason for carrying it was “protection,”or You have attacked somebody with it, or threatened to do so, or You ate committing a crime with a potential for violence while you are carrying it, or You are carrying it during a fegal activicy with a high risk of a violent quarrel, such as picketing, or gathering with known street gang members, or going to visit your former lover's new friend, or You are drunk or otherwise impaired, and therefore not to be crusted with sharp chings. or heavy machinery, or You can’t quickly, and without hesitation, mention some peaceful and lawful thing you did with che object recently, including but not limited to gainful employment or wholesome recreation, or You have a knife which has been optimized for combat at the expense of utility, such as one with two sharpened edges, or a large double handguard, or a carrying system that makes a knife fast to draw, but slow or awkward to put away {shuriken and ballistic knives are two specialized types of knives notreadily usable as tools, and I’ve seen some concealment sheaths where you would have crouble putting the knife away without partly disrobing!), or You are carrying a fixed blade knife or other sharp tool hazardously on your person with no sheath, or a temporary or improvised sheath made with cardboard and tape, evidence that you don’t carry it every day, but are carrying it now for some special occasion, or You are carrying a knife or other sharp tool in a manner calculated to evade detection, such as up a shirt sleeve or inside pants or under a skirt, or inside a boot, as opposed to the customary ways to carry possessions in a givencontext (a pocket knife in a pocket or a belt knife on a bele, covered by a jacket wom on accountof the weather or dictates of fashion, or anything in a woman’s purse, is not necessarily being carried that way to evade detection], or You are carrying a knife or other sharp tool disguised as something other than whatit is, such ~ as a sword cane (this is a special case of #10, above}, or You are carrying a knife chat is almost large enough to sneak into a discussion of swords, so that carrying it inconspicuously requires some effort (conversely, a knife with a single-edged three-inch blade might be presumed innocent even on an airplane). Sincerely, IER ve UR 00441 . Thedocuments followingthis pagewere photocopied from thefiles ofthe Attorney General's Law Library . 00442 CONCURRENCE IN SENATE AMENDMENTS AB 78 (Granlund) As Amended July 7, 1997 Majority vote ASSEMBLY: 76-0 (April 17, 1997) SENATE: 26-5 (July 17, 1997) Original Committee Reference: PUB.S. SUMMARY: Makes a series of changes to California’s firearms and weapons laws to address issues raised in several recent Court of Appeals decisions.and a letter in the Assembly Journal. The Senate amendments: 1) Add an exemption to the existing prohibition on the acquisition, possession or transportation of firearms with obliterated ID marks for military members, peace officers, forensic lab employees, and persons otherwise in lawful possession who are taking the firearm to a Taw enforcement agency for disposal. 2) Condition all the exemptions added by the bitl as passed by the Assembly: for turning in firearms to a law enforcement agency on the following additional factors: a) The person gives prior notice to the law enforcement agency that he or she is bringing the firearm into those premises. b) The firearm is transported in a "locked container," as defined under existing law. 3) Allow non-violent, prohibited persons who were not mentally infirm to avoid prosecution on possession of ammunition, where they delivered the ammunition to law enforcement agencies. 4) Delete a duplicative provision of this bill as it passed the Assembly relating to when a dirk or dagger was not concealed upontheperson. 5) Allow the Department of Justice (DOJ) to assign a distinguished mark to any firearm, not just a pistol or revolver, when the reguiar mark is obliterated. . 6) Double-join this bil? to AB 688 (Bowler), enrolled to Governor, and AB 1221 (Aroner), pending in the Senate. EXISTING LAW: 1) Provides it is illegal to carry a concealed "dirk or dagger" upon one’s person. 2) Provides it is illegal to carry a concealed handgun on one’s person or in a vehicle. There are numerous exemptions from this prohibition. 3) Prohibits the manufacture, import, distribution or possession of specified weapons and firearms, and prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm 01900443 ammunition. 4) Provides that any person who js subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. 5) Allows the DOJ to assign a new serial number on request to any pistol or revolver. AS PASSED BY THE ASSEMBLY, this bill: 1) Created a locked container exemption for persons who were not ina prohibited class to transport to law enforcement agency handguns they found for disposition according to law. 2) Allowed persons not otherwise prohibited from possessing firearms to possess incident to transportation to transport certain firearms and ammunition to law enforcement agencies of those items they found for disposition according to law. 3). Allowed non-violent, prohibited persons who were not mentally infirm to avoid prasecution on possession of conventional firearms which they found and deliver conventional firearms to law enforcement agencies. 4) Re-wrote a relief from disability statute to conform to a ruling of the : Court of Appeal. 5) Exempted from the prohibition against the manufacture, import, distribution or possession of specified weapons and firearms, the possession of these items by a forensic laboratory or any authorized agent or employee thereof in the course and scope of their authorized activities. 6) Excluded from the definition of "dirk or dagger," a non-locking folding knife, a folding knife that was not a switchblade knife having a blade two or more inches in Tength, or a pocketknife capable of ready use as a stabbing weapon that would inflict great bodily injury or death only if the blade of the knife was exposed and locked into position. FISCAL EFFECT: None COMMENTS: This bill addresses a constitutional issue resulting from relief from disabilities issues in In re Evans 49 Cal.App.4th 1263 which rewrote the statute to make it valid. This bill conforms to Evans. This bill creates "safe harbor" exemptions for persons who may or may not be in prohibited classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies to address the suggestions of the Courts of Appeal in People v.- Hurtado (1996) 47 Cal.App.4th. 805 and People v. Pepper (1996) 41 Cal.App.4th 1029. Analysis prepared by: Judith M. Garvey / apubs / (916) 445-3268 FN 033874 00444 AB 78 Page | ASSEMBLY THIRD READING AB 78 (Granlund) As Amended March 20, 1997 Majority vote PUBLIC SAFETY 12-0 | Ayes: Hertzberg, Goldsmith, Aroner, Baugh, Bowler, House, Kuehl, Martinez, Migden, Murray, ~ Pacheco, Washington SUMMARY: Makes a series of changes to California’s firearms and weapons laws to address issues raised in several recent Court of Appeals decisions and a ' letter in the Assembly Journal. Specifically, this bill: 1) 2) 3) 4) Creates a locked container exemption for persons who are not in a prohibited class to transport to Jaw enforcement agency handguns they find for disposition according to law. Allows persons not otherwise prohibited from possessing firearms to possess incident to transportation to transport certain firearms and ammunition to law enforcement agencies of those items they find for disposition according to law. Allows non-violent, prohibited persons who are not mentally infirm to avoid prosecution on possession of conventional firearms where they deliver conventional firearms to law enforcement agencies which they find. Rewrites a relief from disability statute to conform to a ruling of the Court of Appeal and in so doing permits. any person who is subject to the prohibition because of a conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, 5) to petition the court only once for relief from the prohibition. Exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by a forensic laboratory or any. authorized agent or employee thereof in the course and scope of his or her authorized activities. 5) 7) Excludes from the definition of “dirk or dagger," a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or more inches in length, or a pocketknife capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife ts exposed and locked into position. Codifies case law that a dirk or dagger is not concealed upon the person where the dirk or dagger that is carried in a backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transport possessions. EXISTING LAW: 1) Provides: it is illegal to carrya concealed dirk or dagger upon one’s person. 00445 2) 3) 4) 5) 6) AB 78 Page 2 Provides it is illegal to carry a concealed handgun on one’s person or in a vehicle. There are humerous exemptions from this prohibition. Prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. Prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. Prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. Provides that any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. FISCAL EFFECT: None COMMENTS: 1) 2) According to the author, "AB 78 addresses certain ’odds and ends’ weapons issues that have come to light by virtue of the Jost and found property jssue and two issues raised by constituents of mine. "The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies. This issue was} raised in connection with the the recovery of lost property. "Also, Justice Art McKinster who is a Justice of the Court of Appeal in San Bernardino noted in In re Evans 49 Cal.App.4th 1263 that the relief from disabilities provisions in Penal Code section 12021(c)(3) as drafted violated the ’equal protection clauses’ of the state andfederal constitutions. "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the 10 year prohibition prior to the offense being added to the list of offense for which the 10 year prohibition applied to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster’s opinion.” Please see the policy committee analysis for a more comprehensive discussion of this bill. Analysis prepared by: Judith M. Garvey / apubs / (916) 445-3268 FN 030487 00446 ‘Thedoctumetits following thispaigewere |at_ - printedfrom theLegislative Counsel's website, leginfo.ca.gov 00447 ~ AB 78 Assembly Bill - Bill Analysis. SENATE RULES COMMITTEE AB 78 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916} 327-4478 THIRD READING Bill No: AB 78 Author: Granlund (R) Amended: 7/7/97 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, Polanco, Schiff, Watson ASSEMBLY FLOOR : 76-0, 4/17/97 SUBJECT ; Dangerous Weapons' Control Law: clarifying changes SOURCE: Author DIGEST -: This bill makes a variety of changes to the Dangerous Weapons' Control Law. Senate Floor Amendments of 7/7/97 provide for prior notice to be given to a law enforcement agency prior to the delivery of a weapon to that agency. Senate Floor Amendments of 6/30/97 delete proposed changes pertaining to persons subject to a 72-hour hold/observation and add double-joining language. Senate Floor Amendments of 6/23/97 delete provisions relative to "dirks or daggers" and add double-joining language. ANALYSIS : Existing law provides that it is illegal to carry a concealed handgun on one's person or in a vehicle. Page | of 4 00448 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa19970709122120... 5/9/2014 AB 78 Assembly Bill - Bill Analysis | Page 2 of 4 There are numerous exemptions from this prohibition. This bill provides that in all situations where an individual is transporting a firearm to a law enforcement agency, prior notice be given to that agency prior to delivery of the weapon. This bill adds additional exemptions for persons who find | the firearm in order to return it to an owner or to a law enforcement agency for disposal, in accordance with the law {unloaded, locked container, direct travel route to destination). : Existing law prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm who, after prior notice is given to the agency, is transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by a forensic Laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing atmunition. This bill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that person, after prior notice is given to the agency, is transporting it to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. This bill creates an exemption from that prohibition for those persons by making it "justifiable" for them to possess firearms they find or take from persons committing a crime against them, and if they follow specified procedures to deliver them to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption and must give prior notice to the agency prior to the delivery of the firearm. Existing law provides that any person who is subject to the 00449 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-01 OO0/ab_78cfa_19970709_122120... 5/9/2014 AB 78 AssemblyBill - Bill Analysis | . Page 3 of 4 prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. This bill deletes that reference to "January 1, 1991" and changes it to "that offense being added to" the list of offenses which triggers the prohibition. Existing law allows the Department of Justice (DOU) to assign a distinguishing number or mark to a "pistol or revolver" which is without such a mark. This bill changes that provision to allow the DOJ to assign a number to any "firearm." Existing law makes it a misdemeanor for any person with . knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified, Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him or her and if they follow specified procedures to deliver it to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption. This bill makes related changes to the Dangerous Weapons' Control Law. : This bill is double-joined with AB 1211 (Aroner) and AB 688 (Bowler). FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 7/8/97) Attorney General . California Union of Safety Employees Buck Knives . California Attorneys for Criminal Justice 00450 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970709_122120... 5/9/2014 AB 78 AssemblyBill - Bill Analysis California State Sheriffs Association ARGUMENTS IN SUPPORT : According to the author, “AB 78 .addresses certain 'odds and ends' weapons issues that have come to light by virtue of the lost and found property issue and two issues raised by constituents of mine, "The main issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies. This issue was raised in connection with the recovery of lost property." RJG:sl 7/8/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE eR BND ke Page 4 of4 00451 hitp:/Awww.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970709122120... 5/9/2014 AB 78 Assembly Bill - Bill Analysis . | Page 1 of 5 SENATE RULES COMMITTER AB_78 Office of Senate Floor Analyses (1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 THIRD READING Bill No: AB 78 Author: Granlund (R) Amended: 6/30/97 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, Polanco, Schiff, Watson ASSEMBLY FLOOR : 76-0, 4/17/97 SUBJECT: Dangercus Weapons' Control Law: clarifying changes . SOURCE : Author DIGEST : This bill makes a variety of changes to the Dangerous Weapons' Control Law. Senate Floor Amendments. of 6/23/97 delete provisions relative to "dirks or daggers" and add double-joining language. Senate Floor Amendments of 6/30/97 delete proposed changes pertaining to persons subject to a 72-hour hold/observation and add double-joining language. ANALYSIS : Existing law provides that it is illegal to carry a concealed handgun on one's person or in a vehicle. There are numerous exemptions from this prohibition. This bill adds additional exemptions for persons who find the firearm in order to return it to an owner or to a law : 00452, http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa19970702_140703... 5/9/2014 AB 78 Assembly Biil - Bill Analysis Page 2 of 5 enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). - Existing law prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm who is transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. This bill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that person is transporting it to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. This bill creates an exemption from that prohibition for those persons by making it "justifiable” for them to possess firearms they find or take from persons committing a crime against them, and if they follow specified procedures to deliver them to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption. Existing law provides that any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. This bill deletes that reference to "January 1, 1991" and changes it to "that offense being added to" the list of offenses which triggers the prohibition. Existing law allows the Department of Justice (DOJ) to 00453 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970702_140703... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 3 of 5 assign a distinguishing number or mark to a “pistol or revolver" which is without such a mark. This bill changes that provision to allow the DOJ to assign a number to any “firearm.” , Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. , Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him or her and if they follow specified procedures to deliver it to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject-to this new exemption. This bill makes related changes to the Dangerous Weapons' Control Law. This bill is double-joined with AB 1211 (Aroner) and AB 688 (Bowler). FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No : SUPPORT; (Verified 7/1/97). Attorney General - California Union of Safety Employees Buck Knives California Attorneys for Criminal Justice California State Sheriffs Association ARGUMENTS IN SUPPORT : According to the author: "AB 78 addresses certain ‘odds and ends’ weapons issues that have come to light by virtue of the lost and found property issue and two issues raised by constituents of mine. "The first issue relates to the transportation and possession of weapons that individuals discover and attempt 00454 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab78_cfa_19970702_140703... 5/0/2014 AB 78 Assembly Bill - Bill Analysis Page 4 of 5 to turn over to local law enforcement agencies. This issue was raised in connection with the recovery of lost property. "Also, Justice Art McKinster, who is a Justice of the Court of.Appeal in San Bernardino, noted in _In re Evans (1996) 49 Cal. App.4th 1263, that the relief from disabilities provisions in Penal Code Section 12021(c)(3), as drafted, violated the ‘equal protection clauses' of the state and federal constitutions. "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the ten year prohibition prior to the offense being added to the list of offenses for which the ten year prohibition applied, to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion.” The author has also now amended this bill at the request of the Attorney General to comply with the order of Sacramento County Superior Court Judge Bond to cease restricting persons held for 72-hour observation, pursuant to Welfare and Institutions Code Section 5150, from possessing firearms for five years, unless those persons are ‘subsequently certified for intensive treatment. That change is reflected in this bill and uncodified language is- included to indicate that the amendments are being made "to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice , Case No. 96 CS 01471." That decision was made February 7, 1997, and the order was stayed until January 1, 1998, in order to allow the Department of Justice to comply. RJG:sl 7/1/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE KeKK END KEEK 00455 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970702_140703... 5/9/2014 AB 78 Assembly Bill - Bill Analysis SENATE RULES COMMITTEE AB 78 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 © Fax: (916) 327-4478 THIRD READING ‘Bill No: AB 78 Author: Granlund (R) Amended: 6/23/97 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTER ; 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton,. Kopp, McPherson, Polanco, Schiff, Watson ASSEMBLY FLOOR : 76-0, 4/17/97 SUBJECT ; Dangerous Weapons' Control Law: clarifying changes . SOURCE: Author * DIGEST: This bill makes a variety of changes to the Dangerous Weapons’ Control Law. Senate Floor Amendments of 6/23/97 delete provisions relative to "dirks or daggers" and add double-joining language. ANALYSIS :- Existing law provides that it is illegal to carry a concealed handgun on one's person or in a vehicle. There are numerous exemptions from this prohibition. This bill adds additional exemptions for persons who find the firearm in order to return it to an owner or ta a law enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). Page 1 of 5 00456 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970624_132339... 5/9/2014 AB78 Assembly Bill - Bill Analysis _ oe Page 2 of 5 Existing law prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm who is - transporting that firearm to a law enforcement agency for disposal. , This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by .a forensic laboratory or any authorized agent or employee thereof in’ the course and scope of his or her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. This bill adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that person is transporting it to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. This bill creates an exemption from that prohibition for those persons by making it "justifiable" for them to possess firearms they find or take from persons committing a crime against them, and if they follow specified procedures to deliver them to a law enforcement agency for “disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption. Existing law provides that any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition, This bill deletes that reference to "January 1, 1991" and changes it to "that offense being added to” the list of offenses which triggers the prohibition. Bxisting law allows the Department of Justice (DOJ) to assign a distinguishing number or mark to a "pistol or revolver” which is without such a mark. This bill changes that provision to allow the DOJ to assign 00457 http://www.leginfo.ca.gow/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970624132339... 5/9/2014 AB 78 AssemblyBill - Bill Analysis . Page 3 of 5 a number to any "firearm." Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him or her and if they follow specified procedures to deliver it to a law enforcement agency for disposal. , Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption. Existing law provides that every person who is held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) and is forbidden from possessing a firearm for five years {but can petition for right to do so with test of preponderance of the evidence that person is likely to use firearm in safe way). That same requirement exists for persons subsequently adjudicated as mentally disordered and committed to a mental health facility, whether first subject to WIC 5150 or not. . This bill deletes that restriction for persons held only under. WIC 5150 (and not otherwise certified for additional intensive treatment). This bill contains uncodified language that: "It is the intent of the Legislature, in enacting the amendments to Section 12076 cf the Penal Code and Section 8103 of the Welfare and Institutions Code made by this act, to comply with the decision of the Superior Court ‘of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice , Case No. 96 CS 01471." , This bill makes related changes to the Dangerous Weapons’ | . 00458 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970624_132339.., 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 4 of 5 Control Law. This bill is: double~joined with AB 1211 (Aroner). FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT. : (Verified 6/23/97) Attorney General California Union of Safety Employees Buck Knives California Attorneys for Criminal Justice California State Sheriffs Association ARGUMENTS IN SUPPORT: According to the author: "AB 78 addresses certain ‘odds and ends' weapons issues that have come to light by virtue of the lost and found property issue and two issues raised by constituents of mine. "The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies, This issue was raised in connection with the recovery of lost property. uO "Also, Justice Art McKinster, who is a Justice of the Court of Appeal in San Bernardino, noted in In re Evans (1996) 49 Cal.App.4th 1263, that the relief from disabilities provisions-in Penal Code Section 12021(c) (3), as drafted, violated the ‘equal protection clauses" of the state and federal constitutions. "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the ten year prohibition prior to the offense being added to the list of offenses for which the ten year prohibition applied, to apply once for relief from the disability imposed by the prohibition. AB 78 codifies , Justice McKinster's opinion.” The author has also now amended this bill at the request of the Attorney General to comply with the order of Sacramento County Superior Court Judge Bond to cease restricting persons held for 72-hour observation, pursvant to Welfare and Institutions Code Section 5150, from possessing firearms for five years, unless those persons are subsequently certified for intensive treatment. ‘That change is reflected in this bill and uncodified language is included to indicate that the amendments are being made "to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice , Case No. 96 CS 01471." 00459 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970624132339... 5/9/2014 AB 78 Assembly Bill - Bill Analysis | Page 5 of 5 That decision was made February 7, 1997, and the order was stayed until January 1, 1998, in order to allow the Department of Justice to comply. , RJG:sl 6/23/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE eke PND wk eKe , 00460 http://Awww.leginfo.ca.gov/pub/97-98/bill/asm/ab_005 1-0100/ab_78cfa_19970624132339... 5/9/2014 AB 78 Assembly Bill - Bill Analysis SENATE RULES COMMITTEE AB_78 Office of Senate Floor Analyses 1020 N Street, Suite 524 . (916) 445-6614 Fax: (916) 327-4478 THIRD READING Bill No: AB 78 Author: Granlund (R) Amended: 6/17/97 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE > 8-0, 6/10/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, ‘Polanco, Schiff, Watson ASSEMBLY FLOOR : 76-0, 4/17/97 SUBJECT: Dangerous Weapons’ Control Law: clarifying changes SOURCE. : Author DIGEST : This bill makes a variety of changes to the Dangerous Weapons' Control Law. ANALYSIS : Existing law provides that it is illegal to carry a concealed "dirk or dagger" upon one's person. This bill excludes from the definition of "dirk or dagger" a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or more inches in length, or a pocketknife capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is:exposed and locked into position. The above are conforming changes to existing law. Existing law provides that it is illegal to carry a concealed handgun on one's person or in a vehicle. There Page 1 of 5 00461: http:/Awww.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970618_155313... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page2 of 5 are numerous exemptions from this prohibition. This bill adds additional exemptions for persons who find the firearm in order to return it to an owner or to a law enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). Existing law prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. : This bill exempts from that prohibition any person not otherwise prohibited from possessing a firearm who is transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by a. forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. Existing law prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. This bill adds to the exemptions from that prohibition such ammunition posscsascd by a person not otherwise prohibited from possessing a firearm or ammunition if that person is transporting it to a law enforcement agency for disposal according to law. Existing law prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. This bill creates an exemption from that prohibition for those persons by making it "justifiable" for them to possess firearms they find or take from persons committing a crime against them, and if they follow specified procedures to deliver them to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption. Existing law provides that any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. This bill deletes that reference to "January 1, 1991" and 00462 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970618_155313. .. 5/9/2014 AB 78 Assembly Bill - Bill Analysis | Page 3 of 5 changes it to "that offense being added to" the list of offenses which triggers the prohibition. Existing law allows the Department of Justice (DOJ) to assign a distinguishing number or mark to a "pistol or revolver" which is without such a mark. This bill changes that provision to allow the DOJ to assign a number to any "firearm.” Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration, to buy, receive, dispose of, sell, or possess any pistol, revolver, orother firearm with changed, altered, or obliterated identification marks. This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. This bill creates an exemption for persons prohibited from possessing a firearm by Section 12021 if they found the ammunition or took it from a person committing a crime against him or her and if they follow specified procedures to deliver it to a law enforcement agency for disposal. Such a defendant wouldhave the burden of.proving by a preponderance of the evidence that they are subject to this new exemption. : , Existing law provides that every person who is held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOJ (Firearms Program data base) and is forbidden from possessing a firearm for five years (but can petition for right to do so with test of preponderance of the evidence that person is likely to use firearm in safe way). That "same requirement exists for persons subsequently - adjudicated as mentally disordered and committed to a mental health facility, whether first subject to WIC 5150 or not. ‘ This bill deletes that restriction for persons held only under WIC 5150 (and not otherwise certified for additional intensive treatment). This bill contains uncodified language that: "Tt is the intent of the Legislature, in enacting the amendments to Section 12076 of the Penal Cede and Section 8103 of the Welfare and Institutions Code made by this act, to comply with the decision of the Superior Court of 00463 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab78cfa19970618155313... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 4 of 5 the State of California in and for the County of Sacramento in _Dayacamos v. Department of Justice , Case No. 96 CS 01471." This bill makes related changes to the Dangerous Weapons’ Control Law. FISCAL_EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT: (Verified 6/17/97) Attorney General California Union of Safety Employees Buck Knives California Attorneys for Criminal Justice California State Sheriffs Association ARGUMENTS IN SUPPORT : ‘According to the author: "AB 78 addresses certain ‘odds and ends' weapons issues that have come to light by virtue of the lost and found property issue and two issues raised by constituents. of mine. "The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies. This issue was raised in connection with the recovery of lost property. "Also, Justice Art McKinster, who is a Justice of the Court of Appeal in San Bernardino, noted in _In re Evans {1996} 49 Cal.App.4th 1263, that the relief from disabilities provisions in Penal Code Section 12021 (c) (3), as drafted, violated the ‘equal protection clauses’ of the state and federal constitutions. "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense subject to the ten year prohibition prior to the offense being added to the list of offenses for which the ten year prohibition applied, to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion." The author has also now amended this bill at the request of the Attorney General to comply with the order of Sacramento County Superior Court Judge Bond to cease restricting persons held for 72-hour observation, pursuant to Welfare and Institutions Cade Section 5150, from possessing firearms for five years, unless those persons are: subsequently certified for intensive treatment. That change is reflected in this bill and uncodified language is included to indicate that the amendments are being made "to 00464 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970618._155313... 5/9/2014 AB 78 Assembly Bill - Bill Analysis comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice, Case No. 96 CS 01471." That decision was made February 7, 1997, and the order was stayed until January 1, 1998, in order to allow the Department of Justice to comply. RJG:sl 6/17/97 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE kKekek PND *#e** Page 5 of 5- 00465 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970618_155313... 5/9/2014 AB 78 Assembly Bill - Bill Analysis SENATE COMMITTEE ON Public Safety Senator John Vasconcelles, Chair A 1997-98 Regular Session B ~ ] AB 78 (Granlund)}) As amended May 29, 19937 Hearing date: June 10, 1997 Penal Code and Uncodified Law SH:jm THE DANGEROUS WEAPONS" CONTROL LAW - A VARIETY OF PROPOSED CHANGES HISTORY Source:Author Prior Legislation: See text/Comments for relevant references Support: California Union of Safety Employees; Buck Knives; California Attorneys for Criminal Justice Opposition:None known Assembly Floor Vote: Ayes 76 - Noes 0 KEY ISSUES SHOULD A VARIETY OF CHANGES BE MADE TO THE DANGEROUS WEAPONS' CONTROL LAW, INCLUDING THE FOLLOWING: (1} Under existing law, any person who is subject to the prohibition on possessing a firearm because of specified misdemeanor convictions prior to January 1, 1991, may - Page 1 of 12 00466. http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 2 of 12 petition the court only once for relief from the prohibition. (CONTINUED) should the law be changed to delete the specific reference to oJanuary 1, 19910 and instead apply oprior to the offense being added too the specified offenses that are subject to the prohibition? , (2) existing law provides that any person who, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, and is taken into custody in an evaluation facility for 72-hour treatment and evaluation, is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years after release from the facility. should that prohibition applicable to a person who is detained for treatment and evaluation for a period not to exceed 72 hours (and not otherwise certified for treatment) be deleted? should uncodified language be enacted to state LEGISLATIVE intent that this change is being made in order to comply with the decision of the Superior Court of the State of California in and for the County of .Sacramento in Dayacamos v. Department of Justice , Case No. 96 CS 01471? should numerous other amendments be made to the dangerous weapons! control Law, as specified? PURPOSE (1) _Existing law. provides that it is illegal to carry a concealed odirk or daggero upon one's person. (Penal Code Section 12020 (a)) : This bill excludes from the definition of odirk or daggero a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or more inches in length, or a pocketknife capable of ready use as a stabbing 00467 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis . Page 3 of12 weapon that may inflict great bodily injury or death only 1f the blade of the knife is exposed and locked into position, (2) Existing law provides that it is illegal to carry a concealed handgun on one's person or in a vehicle. (Penal Code Section 12025} There are numerous exemptions from this prohibition. {Penal Code Sections 12026, 12026.1, °12026.2, and 12027) This bill adds additional exemptions for persons who find the firearm in order to return it to an owner or to a law enforcement agency for disposal, in accordance with the law (unloaded, locked container, direct travel route to destination). (3) _Existing law prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and ' firearms. (Penal Code Section 12020) This bill exempts from that prohibition any person not otherwise prohibited from possessing.a firearm who is transporting that firearm to a law enforcement agency for disposal. This bill exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by a forensic laboratory o any authorized agent or employee : thereof in the course and-scope of his or her authorized activities. (4) Existing law. prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. (Penal Code Sections 12320 to 12323) Thig bill. adds to the exemptions from that prohibition such ammunition possessed by a person not otherwise prohibited from possessing a firearm or ammunition if that person is transporting it to a law enforcement agency for disposal according to law. (5) Existing law_ prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from 00468 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis possessing any firearm or ammunition. (Penal Code Sections 12021 and 12021.1, and Welfare and Institutions Code Sections 8100 and 8103) This bill creates an exemption from that prohibition for those persons by making it ojustifiableo for them to possess firearms they find or take from persons committing a crime against them, and if they follow specified procedures to deliver them to a law enforcement agency for disposal. Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption. (6) Existing law provides that any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition.. (Penal Code Section 12021) This bill deletes that reference to oJanuary 1, 19910 and changes it to othat offense being added too the list of offenses which triggers the prohibition. (7) Existing law allows the Department of Justice to assign a distinguishing number or mark to a opistol or revolvero . which is without such a mark. (Penal Code Section 12092) This bill changes that provision to allow the DOd to assign a number to any ofirearm.o (8) _Existing law makes it a misdemeanor for any person with knowledge of any change, alteration, or obliteration, to ‘buy, receive, dispose of, sell, or possess any pistol, revolver, or other firearm with changed, altered, or obliterated identification marks. {Penal Code Section 12094) This bill exempts from this provision persons in specified classes, including certain on duty peace officers and persons transporting a firearm to a law enforcement agency for disposition, as specified. (9) _Existing law prohibits persons otherwise prohibited from possessing firearms from possessing ammunition. ‘http:/Awwwleginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970610_142406... Page 4 of 12 00469 _ 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 5 of 12 (Penal Code Section 12316) This bill creates an exemption for persons prohibited from _ possessing a firearm by Section. 12021 if they found the ammunition or took it from a person committing a crime against him or her and if they follow specified procedures to deliver it to a law enforcement agency for disposal, Such a defendant would have the burden of proving by a preponderance of the evidence that they are subject to this new exemption, (10) _Existing law provides that every person who is held. for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOU (Firearms Program data base) and is forbidden from possessing a firearm for five years (but can petition for right to do so with test of preponderance of the evidence that person is likely to use firearm in safe way). That same requirement exists for persons subsequently adjudicated as mentally disordered and committed to a mental health facility, whether first subject to WIC 5150 or not. (Welfare and Institutions Code Section 8103) This bill deletes that restriction for persons held only under WIC 5150 (and not otherwise certified for additional intensive treatment. This bill contains uncodified language that: oIt is the intent of the Legislature, in enacting the amendments to Section 12076 of the Penal Code and Section 8103 of the Welfare and Institutions Code made by this act, to comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice , Case No. 96 CS O1471.0 This bill makes related-changes to the Dangerous Weapons' Control Law. , The purpose of this bill is to make all of the changes specified to the existing law. COMMENTS 00470 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 6 of 12 1. Need for This Bill . According to the author: oAB 78 addresses certain oodds and endso weapons issues that have come to light by virtue of the lost and found property issue and two issues raised by constituents of mine, oThe first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to local law enforcement agencies. This issue was raised in connection with the recovery of lost property. : oAlso, Justice Art McKinster, who is a Justice of the Court of Appeal in San Bernardino, noted in _In re Evans (1996) 49 Cal.App.4th 1263, that the relief from disabilities provisions in Penal Code Section 12021(c) (3), as drafted, violated the oequal protection clauseso of the state and federal constitutions. oTo save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of ‘an offense subject to the ten year prohibition prior. to the offense being added te the list of offenses for which the ten year prohibition applied, to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion.o The author has also now amended this bill at the request of the Attorney General to comply with the order of Sacramento County Superior Court Judge Bond to cease restricting persons held for 72-hour observation, pursuant to Welfare and Institutions Code Section 5150, from possessing firearms for five years, unless those persons are subsequently certified for intensive treatment. That change is reflected in this bill and uncodified language is included to indicate that the amendments are being made oto comply with the decision of the Superior Court of the State of California in and for the County of Sacramento in Dayacamos v. Department of Justice , Case No. 96 CS O01471.0 That decision was made February 7, 1997, and the order was 00471 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis a Page 7 of 12 stayed until January 1, 1998, in order to allow the Department of Justice to comply. 2. Relief from the Prohibition on Possessing a Firearm after Specified Misdemeanor Offenses In. In re Evans (1996) 49 Cal.App.4th 1263, the Court of Appeals (Fourth Appellate District) held that the orelief ’ from disabilities provisionsc in Penal Code Section 12021 (c) (3) as drafted violated the oFgqual Protection Clauseso of the State and Federal Constitutions. Evans involved a defendant who was convicted of possessing a gun after he had been convicted of spousal abuse. His conviction of spousal abuse occurred after January 1, 1991, but prior to the offense of spousal abuse barring gun possession for ten years. That occurred in 1993. Evans challenged his gun conviction that, had he been convicted of spousal abuse prior to 1991, he could have Claimed relief. In agreeing with his claim, the Court of Appeal noted that the January 1, 1991 date was irrational as to persons, where the offense barring possession was added to the list after January 1, 19391. There are approximately twenty-five offenses added to the ten-year prohibition after January 1, 199i. To save the statute from invalidity, the Court of Appeal rewrote the statute to allow anyone who was convicted of an offense subject to the ten-year prohibition prior to the offense being added to the list of offenses for which the ten-year ‘prohibition .applied, to apply once for relief from the disability imposed by the prohibition. This bill conforms the language in Penal Code Section 12021(c) (3) to the court's decision. 3. The Deletion of WIC Section 5150 72-Hour Holds from the Prohibitions on Firearms Possession. Under current law, every person who is held for 72-hours for observation for a mental disorder pursuant to Welfare and Institutions Code Section 5150 is reported to DOU (Firearms Program data base) and is forbidden from possessing a firearm for five years (but can petition for 00472 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 8 of 12 right to do so with test of preponderance of the evidence that person is likely to use firearm in safe way). That same requirement exists for persons subsequently adjudicated as mentally disordered and committed to a mental health facility, whether first subject to WIC 5150 or not. Sacramento Superior Court Judge Bond has now held that _it is unconstitutional to deprive a 051500 of the right to possess a firearm without any further court hearing or determination (due process right’to counsel, hearing, etc.). Dayacamos v. Department of Justice , Case No. 96 CS 01471, February 7, 1997, Judge Bond stayed the effective date of the decision until January 1, 1998, in order to allow the Department of Justice to make the necessary changes in its process and to notify the parties who would otherwise be required to submit information to the department. The Department of Justice is not going to appeal the decision and now wants to deal with the statutory changes needed to delete the prohibition on 05150'so from possessing firearms. DOJ and the Department of Mental Health estimate that approximately 40% of existing 413,000 05150'so in the system will have been held beyond 72-hours with a requisite court hearing, so those individuals are still subject to firearms possession prohibitions. That means 60% of those persons will be deleted and no longer subject to such restrictions (presumably the same ratio will exist for future persons first held pursuant to WIC 051500). 4 AB 78 now has amendments which delete the WIC 051500 prohibition. The alternative would be to require a full blown court proceeding for all 05150's,o however, the whole point of the 72-hour hold is to decide whether to go forward to seek further commitment. How would a hearing take place for those persons not certified for intensive treatment, for purposes only of the imposition of firearms possession? , AB 78 also now contains the following uncodified language to make clear that the change is being made to comply with the court decision: 00473 http:/Avww.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78._cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 9 of 12 SEC. 11, It is the intent of the Legisiature, in enacting the amendments to Section 12076 of the Penal Code and Section 8103 of the Welfare and Institutions ‘Code made by this act, to comply with the decision of the Superior Court cf the State of California in and for the County of Sacramentc in _Dayacamos v. Department of Justice , Case No. 96 CS 01471. 4, Additional Information Provided by Staff Working on This Bill : : The staff person working on this bill provides the following information pertaining to some of the numerous other changes made by this bill: (1) Under current California law,. there are no statutory osafe harboro exemptions for persons who may or may not be in prohibited classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies. This issue has been discussed by the Court of Appeals in People v. Hurtado (1996) 47 Cal. App.4th. 805, and _People v. Pepper (1996) 41 Cal.App.4th 1029, in the context of prohibited persons, i.e., persons who cannot legally possess any firearm. One court felt the exemption existed, but held that the defendant could not claim it. The other court disallowed the exemption period. This bill creates distinct safe harbor exemptions for persons whe are not, per se, legally prohibited from possessing weapons and for those persons prohibited from possessing weapons. The author believes that these exemptions should be placed on a statutory basis. As to non~prohibited persons, they may legally transport conventional firearms and certain contraband to law enforcement agencies provided certain conditions are met. The Civil Code contains specific provisions on the responsibilities of finders of lost property. There is no Penal Code concealed carry exemption for the safe transport of lost handguns to a law enforcement agency. This bill amends the locked container exemption section to add two specific exemptions to allow the http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406... 00474 5/9/2014 AB 78 Assembly Bill - Bill Analysis _ Page 10 of 12 transportation of a firearm by a person who finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and the transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law. Since this bill adds to a laundry list of exemptions, as is the case with the other exemptions, in order for a firearm to be exempted while being transported to or from a place, the firearm shall be unloaded, ‘kept in a locked container and the course of travel shall include only those deviations between authorized locations as are | reasonably necessary under the circumstances. Penal Code Section 12020 bans the manufacture, distribution, importation and possession of most illegal firearms and certain forms of ammunition. AB 78 would allow possession incident to transport of all Section 12020 items other than a short-barreled rifle or short~barreled shotgun found and possessed by a person who ig not generally prohibited from possessing firearms or ammunition and is transporting the listed item to a Jaw enforcement agency for disposition according to law. Under this bill, a person who found armor piercing ammunition may possess it incident to transporting it to a law enforcement agency for disposition according to law if he or she is not in a prohibited class of person generally prohibited from possessing firearms or ammunition. As is the.case in various weapons statutes, the defendant has the burden that he or she falls under the exemption. (2) As noted above, case law suggests that felons and other prohibited persons who take possession guns out of necessity and turn them into a law enforcement agency may possess the same incident to transportation thereto. 00475 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406,,. 5/9/2014 AB 78Assembly Bill - Bill Analysis Page 11 of 12 This bill makes justifiable a violation of Penal Code Section 12021 (but not other statutes)--a possession charge--if the specified conditions are met. (3) When is a knife a dirk or a dagger? See AB 1222 (Martinez), Chapter 128, Statutes of 1995 . Last year, Assemblymember Martinez wrote a letter in the Assembly Journal clarifying the meaning of AB 1222, which revised the definition of odirk or dagger.o The prior definition was created by AB 1266 (Martinez), Chapter 357, Statutes of 1993. Both bills were designed to create.a statutory definition rather than having conflicting case law. , The letter in the Journal indicates that a folding knife is oa dirk or dagger,o for purposes of Penal Code Section 12020, only if the blade of such knife is exposed and locked into position. This bill attempts to codify the letter in the Journal without touching switchblade knife regulation or otherwise doing major damage to the law. The author is doing this at the request of Buck Knives. (4) Under a number of code sections, lab personnel have a clear exemption to allow them to possess contraband incident to their official duties. Penal Code Section 12020 does not have such a clear exemption. AB 78 explicitly allows possession of any weapon, device, or ammunition banned by Section 12020 by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (5) At the request of Legislative Counsel, the bill makes cosmetic code maintenance changes to the machine-gun exemption statute. 5. Suggested Amendment In order to prevent possible confusion, committee staff 00476 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406... 5/9/2014 AB 78 AssemblyBill - Bill Analysis : Page 12 of 12 recommends deleting the language on page 7, lines 36-38, of this bill pertaining to odirks and daggers.o Staff and interested parties appear to have agreed to that amendment. SHOULD THIS AMENDMENT BE MADE? eke kk kk kk kk ok ok 00477 http:/Awww.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970610_142406... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 1 of 8 AB 78 Page 1 Date of Hearing: April 8, 1997 Chief Counsel: Judith M. Garvey ASSEMBLY COMMITTEE ON PUBLIC SAFETY Robert M. Hertzberg, Chair AB 78 (Granlund) - As Amended: March 20, 1997 SUMMARY : Makes a series of changes to California's firearms and weapons laws to address issues raised in several recent Court of Appeals decisions and a letter in the Assembly Journal. Specifically, _this bill :;: 1) Creates a locked container exemption for persons who are not in a prohibited class to transport to law enforcement agency handguns they find for disposition according to law. 2)- Allows persons not otherwise prohibited from possessing firearms to possess incident to transportation to transport certain firearms and ammunition to law enforcement agencies of those items they find for disposition according to law. 3) Allows non-violent, prohibited persons who are not mentally ‘infirm to avoid prosecution on possession of conventional - firearms where they deliver conventional firearms to law enforcement agencies which they find. 4) Rewrites a relief from disability statute to conform to a’ ruling of the Court of Appeal and in so doing permits any person who is subject to the prohibition because of a : conviction of an offense prior to the offense being added to the specified offenses that are subject to the prohibition, to petition the court only once for relief from the prohibition. 5) Exempts from the prohibition against the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms, the possession of any weapon, device, or ammunition by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. 6) Excludes from the definition of "dirk or dagger", a non-locking folding knife, a folding knife that is not a switchblade knife having a blade two or more inches in length, or a pocketknife capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. 7) Codifies case law that a dirk or dagger is not concealedupon the person where the dirk or dagger that is carried in a . 00478 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970407_130715... 5/9/2014 AB 78 Assembly Bill - Bill Analysis . . Page 2 of 8 backpack, tool belt, tackle box, briefcase, purse, or similar container that is used to carry or transport possessions. AB 78 Page 2 EXISTING LAW : 1) Provides it is illegal to carry a concealed “dirk or dagger" upon one's person. {Penal Code Section 12020(a). 2) Provides it is illegal to carry a concealed handgun on one's person or in a vehicle. (Penal Code Section 12025.) There are numerous exemptions from this prohibition. (Penal Code Sections 12026, 12026.1, 12026.2, and 12027.) 3) Prohibits the manufacture, import, sale, giving, lending, or possession of specified weapons and firearms. (Penal Code Section 12020.) , 4) Prohibits the manufacture, import, sale, giving, lending, or possession of armor-piercing ammunition. (Penal Code Sections 12320 to 12323.) : 5) Prohibits felons, violent misdemeanants, the mentally infirm, drug addicts, and the like from possessing any firearm or ammunition. (Penal Code Sections 12021 and 12021.1, and Welfare and Institutions Code Section 8100 and 8103.) 6) Provides that any person who is subject to the prohibition on owning, possessing, or having a firearm under his or her custody or control because of specified misdemeanor convictions prior to January 1, 1991 may petition the court only once for relief from the prohibition. (Penal Code Section 12021.) COMMENTS: 1) ._ Author's Statement . According to the author, "AB 78 addresses certain 'odds and ends' weapens issues that have come to light by virtue of the lost and found: property issue and two issues raised by constituents of mine. "The first issue relates to the transportation and possession of weapons that individuals discover and attempt to turn over to loeal law enforcement agencies. This issue was raised in connection with the the recovery of lost property. "Also, Justice Art McKinster who is a Justice of the Court of Appeal in San Bernardino noted in In re Evans 49 Cal.App.4th 1263 that the relief from disabilities provisions in Penal Code section 12021(c){3) as drafted violated the 'equal protection clauses’ of the state and federal constitutions. 00479 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970407_130715... 3/9/2014 AB 78 Assembly Bill - Bill Analysis . Page 3 of 8 "To save the statute from invalidity, Justice McKinster rewrote the statute to allow anyone who was convicted of an offense | subject to the 10 year prohibition prior to the offense being added to the list of offense for which the 10 year prohibition applied to apply once for relief from the disability imposed by the prohibition. AB 78 codifies Justice McKinster's opinion,” 2) _Relief from Disabilities . In re Evans (1996) 49 Cal.App.4th AB 78 Page 3 1263, the Court of Appeals held that the "relief from disabilities provisions" in Penal Code Section 12021(c) (3) as drafted violated the "Equal Protection Clauses" of the State and Federal Constitutions. Evans. involved a defendant who was convicted of possessing a gun after he had been convicted of spousal abuse. His conviction of spousal abuse occurred after January 1, 1991, but prior to the offense of spousal abuse barring gun possession for 10 years. That occurred in 1993. Evans challenged his gun conviction that had he been convicted of spousal abuse prior to 1991, he could have claimed relief. In agreeing with his claim, the Court of Appeal noted that the January 1, 1991 date was irrational as to persons where the offense barring possession was added to the list after January 1, 1991. There are approximately 25 offenses added to the 10-year prohibition after January 1, 1991.° To save the statute from invalidity, the Court of Appeal rewrote the statute to allow anyone who was convicted of an offense subject to the 10-year prohibition prior to the offense being added to the list of effenses for which the 10-year prohibition applied to apply once for relief from the disability imposed by the prohibition. 3) Persons Who Turn In Weapons a) Case Law. . Under current California law, there are no statutory "safe harbor" exemptions for persons who may or may not be in prohibited classes who discover weapons or devices and endeavor to turn them over to law enforcement agencies. This issue has been discussed by the Court of Appeals in People v. Hurtado (1996) 47 Cal.App.4th. 805 and People v. Pepper (1996) 41 Cal.App.4th 1029 in the context of prohibited persons, i.e., persons who cannot legally possess any firearm. One court felt the exemption existed, but held that the defendant could not claim it. The other court disallowed the exemption period. 00480 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa_19970407_130715... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 4 of 8 b) AB 78 . This bill creates distinct safe harbor exemptions for persons who are not, per se, legally prohibited from possessing weapons and for those persons prohibited from possessing weapons. The author believes that these exemptions should be placed on a.statutory basis. Specific Provisions as to Non-Prohibited Persons . As to non-prohibited persons, they may legally transport conventional firearms and certain contraband to law enforcement agencies provided certain conditions are met. The bill covers the following items: i. “Handguns: . The Civil Code contains specific provisions on the responsibilities of finders of lost _AB 78 Page 4 property. There is no Penal Code concealed carry exemption for the safe transport of lost handguns to a law enforcement agency. This bill amends the locked container exemption section to add two specific exemptions to allow the transportation of a firearm by a person who. finds the firearm in order to comply with Article 1 (commencing with Section 2080) of Chapter 4 of Division 3 of the Civil Code as it pertains to that firearm and the transportation of a firearm by a person who finds the firearm and is transporting it to a law enforcement agency for disposition according to law. Since this bill adds to a laundry list of exemptions, as is the case with the other exemptions, in order for a firearm to be exémpted while being transported to or from a place, the firearm shall be unloaded, kept in a locked container and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances. http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78cfa19970407130715... 5/9/2014 Under current law, a “locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device: The term "locked container" does not include the utility or glove compartment of a motor vehicle. ii. 12020 Items. . Penal Code Section 12020 bans the manufacture, distribution, importation and possession of most illegal firearms and certain forms of ammunition, These items include a cane gun or a wallet gun, an undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm. 00481 AB 78 Assembly Bill - Bill Analysis Page 5 of 8 container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic'knife, any multi-burst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument. or weapon of the kind commonly known as a blackjack, slungshot, billy, sandciub, sap, or sandbag. . AB 78 would allow possession incident to transport of all Section 12020 items other than a short-barreled rifle or short-barreled shotgun found and possessed by a person who is not generally prohibited from possessing firearms or ammunition and is transporting the listed item to a law enforcement agency for disposition according to law. iii. Armor~Piercing Ammunition. Armor-piercing AB 78 Page 5 ammunition (aka "cop killer bullets") are prohibited by Penal Code Section 12320. Under this bill, a person who found the ammunition may possess it incident to ; transporting it to a law enforcement agency for. disposition according to law if he or she is not in a prohibited class of person generally prohibited from possessing firearins or ammunition. As is the case of various weapons statutes, the defendant has the burden that he or she falls under the exemption. Pepper-Hurtado Issue as to Prohibited Persons . As noted above, case law suggests that felons and other prohibited persons who take possession guns out of necessity and turn them into a law enforcement agency may possess the same incident to transportation thereto. This bill makes justifiable a violation of Penal Code Section 12021 (but not other statutes) a possession charge where all of the following conditions are met: i. The person found the firearm or took the firearm from a person who was committing a crime against him or her. ii. The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according 00482 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-01 00/ab_78cfa_19970407_130715... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 6 of 8 to law. iii. If the. firearm was transported to a law enforcement agency, it was transported in accordance with the locked container rules. iv. Upon the trial for violating the possession section, the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by — this bill. v. The defendant has the burden of proving by a preponderance of the evidence that he or she comes within the provisions of the exemption created by this bill. Should there be an amendment to include the same language in’ Penal Code Section 12316 (prohibited persons possessing ammunition) to include the same provision limited to the same persons set forth in Section 12021? Should not this be done? 4) When are Knives Dirk or Daggers ? a) AB 1222 (Martinez), Chapter 128, Statutes of 1995 . Last year, Assembly Member Martinez wrote a letter in the Assembly Journal clarified the meaning of AB 1222, which revised the definition of a "dirk or dagger". The prior AB 78 Page 6 definition was created by AB 1266 (Martinez), Chapter 357, Statutes of 1993. Both bills were designed to create a statutory definition rather than having conflicting case law. The letter in the Journal indicates that a folding knife is "a dirk or dagger" for purposes of Penal Code Section 12020 only if the blade of such knife is exposed and locked into position. b) AB_78 . This bill _attempts_ to codify the letter in the Journal without touching switchblade knife regulation or otherwise doing major damage to the law. The author is doing this at the request .of Buck Knives. , 5) When are Dirks and Daggers Illegally Carried Concealed ? a) Case Law . Under current Section 12020, dirks or daggers are considered to be illegally carried only if carried concealed upon the person, Case law suggests that this is under the person's clothes. b) AB 78 . At the request of the Buck Knives, AB 798 also 00483 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970407_130715... 5/9/2014 AB 78 Assembly Bill - Bill Analysis Page 7 of 8 provides that a dirk or dagger is not illegally carried concealed if it is carried in a backpack, tool belt, tackle box, briefcase, purse, .or similar container that is used to carry or transport possessions. This appears to be consistent with current case law. 6) _Forensic Laboratories. a) Background . Under a number of code sections, lab personnel have a clear exemption to allow them to possess contraband incident to their official duties, Penal Code Section 12020 does not have such a clear exemption. b) AB 78. AB 78 explicitly allows possession of any weapon, device, or ammunition banned by Section 12020 by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. 7) _Machine-Guns.. At the request of Legislative Counsel, the bill makes cosmetic code maintenance changes to the machine-gun exemption statute. ARGUMENTS IN SUPPORT AND OPPOSITION . The California Attorneys for Criminal Justice support the proposed amendments to Section 22 ‘relating to exemptions for possession and transportation of weapons as the provision will increase public safety by encouraging the removal of firearms from communities. CACJ does not believe, however, that. expanding criminal liability for possession of certain knives will deter criminal conduct, but only further clog the courts and penal institutions. REGISTERED SUPPORT/OPPOSITION : AB 78 Page 7 support _ California Attorneys for Criminal Justice (partial support) California Rifle and Pistol Association, Inc. Doris Tate Crime Victims Bureau Opposition California Attorneys for Criminal Justice (partial opposition) Analysis prepared by : Judith M. Garvey / apubs / (916) 445-3268 00484 http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0051-0100/ab_78_cfa_19970407_130715... 5/9/2014 AB 78 Assembly Bill - Bill Analysis ~ Page 8 of 8 a 00485 http://wwwleginfo.ca.gov/pub/97-98/bill/asra/ab_0051-0100/ab_78cfa_19970407_130715... 5/9/2014 DECLARATION OF SERVICE BY U.S. MAIL & ELECTRONIC SERVICE Case Name: People v. EmmanuelCastillolopez No.: 8218861 I declare: Iam employedin the Office of the Attorney General, whichis the office of a memberofthe California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the businesspractice at the Office of the Attorney Generalfor collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondenceplacedin the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same dayin the ordinary course of business. On October 29, 2014, I served the attached REQUEST FOR JUDICIAL NOTICEbyplacing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 110 West A Street, Suite 1100, P.O. Box 85266, San Diego, CA 92186-5266, addressed as follows: San Diego County District Attorney's Office Clerk of the Court Hall of Justice Central Courthouse 330 West Broadway, Ste. 1300 San Diego County Superior Court San Diego, CA 92101-3826 220 West Broadway San Diego, CA 92101-3409 Fourth Appellate District, Division One Court of Appeal of the State of California Symphony Towers 750 B Street, Suite 300 San Diego, CA 92101 and furthermore, I declare in compliance with California Rules of Court, rules 2.251(i)(1) and 8.71(f)(1); I electronically served a copy of the above document on Appellate Defenders,Inc.'s electronic service address eservice-criminal@adi-sandiego.com and on Raymond M. DiGuiseppe, appellant's attorney, via the registered electronic service address diguiseppe228457@gmail.com by 5:00 p.m. on the close of business day. The Office of the Attorney General's electronic service address is ADIEService@doj.ca.gov. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed onhn’. ata Diego, California. Tammy Larson v SP, ANE $D2014808722 ) 80970729.doc . ~ Declarant fo \ Signature
