Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 851

Introduced by Assembly Member McCarty

February 14, 2023

An act to amend Section 26150 add and repeal Division 13 (commencing with Section 34500) of Title 4 of Part 6 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 851, as amended, McCarty. Firearms. Firearms: Urban gun free zone pilot program.
Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Existing law exempts certain persons from this prohibition, including peace officers and persons licensed to carry a concealed firearm.

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

This bill would authorize the City of Sacramento to establish a pilot program that would, until January 1, 2029, declare a specified area of the city to be a gun free zone. The bill would, in addition to any other applicable offense, make possession of a firearm within this area punishable as a misdemeanor. The bill would provide specified exemptions.
By creating a new crime, this bill would impose a state-mandated local program.
The bill would, upon completion of the pilot program, require the city to prepare and submit a report to the Legislature, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Division 13 (commencing with Section 34500) is added to Title 4 of Part 6 of the Penal Code, to read:

DIVISION 13. Urban Gun Free Zone Pilot Program

34500.
 (a) The City of Sacramento may establish a gun free zone as described in this section.
(b) A gun free zone established pursuant to this division shall be located as follows within the City of Sacramento:
(1) South of the American River from the Sacramento River to, and inclusive of, Sutter’s Landing Park.
(2) West of Alhambra Boulevard from Sutter’s Landing Park to Broadway.
(3) North of Broadway from Alhambra Boulevard to the Sacramento River.
(4) East of the Sacramento River from Broadway to the American River.
(c) The City of Sacramento shall reasonably notify the public of the boundaries of a gun free zone established pursuant to this division though appropriate signage and other public notifications.
(d) A gun free zone established pursuant to this division shall be operational only until January 1, 2029.

34501.
 (a) Except as exempted in Section 34502, possession of a firearm within a gun free zone established pursuant to this division is punishable as a misdemeanor.
(b) This section does not preclude prosecution under any other provision of law in addition to or in lieu of this section.

34502.
 Section 34501 shall not apply to any of the following:
(a) Possession of a firearm within a private residence by, or with the consent of, the owner or resident of that property.
(b) Possession of a firearm within a private business by, or with the consent of, the owner of the property or business.
(c) Possession of a firearm by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(d) Possession of a firearm by a licensed private patrol operator, armored car operator, or alarm operator, or licensed employee thereof, that is also licensed to carry a firearm and, within the course of business, is present within the gun free zone established pursuant to this division.
(e) Possession of a firearm by a licensed common carrier or an authorized agent or employee thereof when the firearm is being transported in conformance with applicable federal law.
(f) Possession of an unloaded firearm in a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device, or within the locked trunk of a vehicle.
(g) The otherwise lawful possession of a firearm in a vehicle being operated on public roads.

34503.
 (a) The City of Sacramento, if opting to establish a gun free zone pursuant to this division, shall, upon termination of the gun free zone pursuant to subdivision (d) of Section 34500 and no later than March 1, 2029, prepare and submit a report to the Legislature summarizing the pilot program, analyzing the impact of the gun free zone on gun violence and other criminal activity, and making legislative recommendations.
(b) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.

34503.
 This division shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 26150 of the Penal Code is amended to read:
26150.

(a)If a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may issue a license to that person upon proof of all of the following:

(1)The applicant is of good moral character.

(2)Good cause exists for issuance of the license.

(3)The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.

(4)The applicant has completed a course of training as described in Section 26165.

(b)The sheriff may issue a license under subdivision (a) in either of the following formats:

(1)A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.

(2)Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.

(c)(1)Nothing in this chapter shall preclude the sheriff of the county from entering into an agreement with the chief or other head of a municipal police department of a city to process all applications for licenses, renewals of licenses, or amendments to licenses pursuant to this chapter, in lieu of the sheriff.

(2)This subdivision shall only apply to applicants who reside within the city in which the chief or other head of the municipal police department has agreed to process applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.