Amended  IN  Senate  April 24, 2024
Amended  IN  Senate  April 09, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1160

Introduced by Senator Portantino

February 14, 2024

An act to amend Section 26350 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 1160, as amended, Portantino. Firearms.
Existing law, subject to exceptions, makes it a misdemeanor to openly carry an exposed and unloaded handgun in a public place. Existing law generally makes that crime punishable by imprisonment in the county jail for up to 6 months, or by a fine not to exceed $1,000. Existing law, if the exposed and unloaded handgun is being carried in a public place or public street in an incorporated city, makes that crime punishable by imprisonment in the county jail for up to one year or by a fine not to exceed $1,000 if the handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person and the person is not in lawful possession of the handgun.
This bill would extend that increased punishment to also apply if the person with immediate possession of the handgun and unexpended ammunition capable of being discharged from that handgun is not listed with the Department of Justice as the registered owner of that firearm, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 26350 of the Penal Code is amended to read:

26350.
 (a) (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon their person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on their person, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
(2) A violation of subparagraph (A) of paragraph (1) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if both of the following conditions exist:
(A) The handgun and unexpended ammunition capable of being discharged from that handgun are in the immediate possession of that person.
(B) Either of the following apply:

(1)

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

(2)

(ii) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that handgun.
(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.
(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.
(d) Notwithstanding the fact that the term “an unloaded handgun” is used in this section, each handgun shall constitute a distinct and separate offense under this section.

SEC. 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.