BILL NUMBER: AB 180	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  MAY 28, 2013
	AMENDED IN ASSEMBLY  MAY 23, 2013
	AMENDED IN ASSEMBLY  MAY 2, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bonta

                        JANUARY 24, 2013

   An act to amend Section 53071 of the Government Code, and to amend
Section 25605 of the Penal Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 180, Bonta. Registration and licensing of firearms: City of
Oakland.
   Existing law states that it is the intent of the Legislature to
occupy the whole field of regulation of registration or licensing of
commercially manufactured firearms and that provisions of existing
law are exclusive of all local regulations relating to registration
or licensing of commercially manufactured firearms, as specified.
   Existing law makes a person guilty of carrying a concealed firearm
under specified circumstances. Existing law makes a person guilty of
openly carrying an unloaded handgun when that person carries upon
his or her person an exposed and unloaded handgun outside a vehicle
while in or on specified locations. Existing law specifies that those
provisions are not applicable to a person who carries any handgun
anywhere within the person's place of residence, place of business,
or on specified property. Existing law prohibits a permit or license
to purchase a handgun from being required of any person to purchase,
own, possess, keep, or carry, a handgun within the person's place of
residence, place of business, or on specified property.
   This bill would authorize the City of Oakland to enact an
ordinance or regulation, applicable solely to its residents and in
accordance with federal law, that is more restrictive than state law
regulating the registration or licensing of commercially manufactured
firearms. The bill would also provide that those provisions relating
to the carrying of a handgun within the person's place of residence,
place of business, or on specified property do not affect the
application of the aforementioned authorization to the City of
Oakland.
   This bill would make legislative findings and declarations
regarding the need for special legislation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53071 of the Government Code is amended to
read:
   53071.  (a) It is the intent of the Legislature to occupy the
whole field of regulation of the registration or licensing of
commercially manufactured firearms as encompassed by the provisions
of the Penal Code, and such provisions shall be exclusive of all
local regulations, relating to registration or licensing of
commercially manufactured firearms, by any political subdivision as
defined in Section 1721 of the Labor Code.
   (b) Notwithstanding subdivision (a), the City of Oakland may enact
an ordinance or regulation, applicable solely to its residents and
in accordance with federal law, that is more restrictive than state
law regulating the registration or licensing of commercially
manufactured firearms as encompassed by the Penal Code.
  SEC. 2.  Section 25605 of the Penal Code is amended to read:
   25605.  (a) Section 25400 and Chapter 6 (commencing with Section
26350) of Division 5 shall not apply to or affect any citizen of the
United States or legal resident over the age of 18 years who resides
or is temporarily within this state, and who is not within the
excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, who carries, either openly or concealed, anywhere within the
citizen's or legal resident's place of residence, place of business,
or on private property owned or lawfully possessed by the citizen or
legal resident, any handgun.
   (b) A permit or license to purchase, own, possess, keep, or carry,
either openly or concealed, shall not be required of any citizen of
the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, to purchase, own, possess, keep, or carry, either openly or
concealed, a handgun within the citizen's or legal resident's place
of residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident.
   (c) This section shall not be construed as affecting the
application of Sections 25850 to 26055, inclusive.
   (d) This section shall not be construed as affecting the
application of subdivision (b) of Section 53071 of the Government
Code.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because the City of Oakland is suffering from the worst gun violence
among cities in the state, with 131 homicides and over 4,000
gun-related crimes in 2012.