AB 609

Current law generally prohibits an individual from carrying a concealed weapon unless the individual has either a license to carry a concealed weapon that is issued by the Department of Justice or a law enforcement identification card indicating that he or she is a qualified current or former law enforcement officer. This bill eliminates the general prohibition against going armed with a concealed weapon without regard to whether the individual has such a license or card.

The bill maintains the option to obtain a license to carry a concealed weapon or a law enforcement identification card so that licensees or cardholders may carry a concealed firearm in other states that require licensure and so that they do not violate federal law when possessing a firearm in a school zone. The federal gun-free school zone law generally prohibits the possession of a firearm in a school zone but exempts an individual who is licensed to possess a firearm by the state in which the school zone is located if the license involves a background check on the individual. The bill does not change the current state gun-free school zone law that allows a licensee to carry a firearm in a school zone anywhere but on school grounds and allows a person who has a law enforcement identification card to carry a firearm anywhere in a school zone. The bill also does not change current state law with regards to other places in which only a licensee may carry a firearm, such as wildlife refuges, fish hatcheries, or, if the licensee is not consuming alcohol, taverns.

Under current law, before DOJ may issue a person a license to carry a concealed weapon, DOJ must perform a background check to ensure that the person is not prohibited from possessing a firearm under either state law or federal law. Under the bill, DOJ must perform a background check to ensure that the person is not prohibited from possessing a firearm only under federal law.

Current law prohibits carrying a firearm in certain buildings, such as a police station, a house of correction, or a secure mental health facility. Under current law, the penalty for violating the prohibition varies depending on whether the person has a license to carry a concealed weapon or not. A licensee who violates the prohibition is subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both, and a person who does not have a license who violates the prohibition is guilty of a Class A misdemeanor (which carries a penalty of a fine of not more than $10,000 or imprisonment for not more than nine months, or both). In addition, current law prohibits a person without a license from carrying a firearm in other government buildings. The bill eliminates that general prohibition but keeps the prohibition for specific places, such as a police station, a house of corrections, or a secure mental health facility. The bill also adds to the list of prohibited places a place that has been declared a nuisance and any place prohibited under federal law; the bill also eliminates the distinction for penalties based on licensure status so that any person who violates the prohibition is guilty of a Class A misdemeanor.

The bill also eliminates a prohibition on loading a firearm in a vehicle; under current law, the only exception to this prohibition is for a handgun. The bill also reduces the distance a person must be from a hospital, sanatorium, or school to hunt, from 1,700 feet to 1,200 feet.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.