California AB 202: School Marshal Program

Link to proposed legislation

 

ASSEMBLY BILL No. 202

Introduced  by  Assembly Member Donnelly
(Coauthor(s): Assembly Member Grove, Hagman, Harkey, Jones, Wagner)
January 29, 2013

An act to add Section 38010 to the Education Code, and to amend Section 6254 of the Government Code, relating to school security.

LEGISLATIVE COUNSEL’S DIGEST

AB 202, as introduced, Donnelly. School security: School Marshal Program.
(1) Existing law authorizes the governing board of a school district to establish a security department or a school police department and authorizes specified moneys transferred into the general fund of any school district to be used for the training of persons employed and compensated as members of a police department of a school district, as specified.
This bill would establish the School Marshal Program and would authorize school districts, county offices of education, and charter schools to use general purpose funds to provide training to a school marshal. The bill would define a school marshal as a school employee who, in accordance with the Gun-Free School Zone Act of 1995 and pursuant to locally adopted policies, is authorized to possess a firearm at a schoolsite or designated school activities.
(2) Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to specified criteria, and with certain exceptions. Existing law excludes from disclosure certain information contained in applications for licenses to, and licenses to, carry firearms submitted by prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates, to county sheriffs and the chiefs or other heads of municipal police departments.
This bill would exclude from disclosure the personally identifiable information set forth in applications for a license to, and the license to, carry firearms submitted by a school marshal to the sheriff of a county or the chief or other head of a municipal police department. By increasing duties on county sheriffs and the chiefs or other heads of municipal police departments, the bill would impose a state-mandated local program.
(3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes


BILL TEXT

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

SECTION 1.

Section 38010 is added to the Education Code, to read:

 

38010.

(a) This section shall be known, and may be cited, as the School Marshal Program.

(b) School districts, county offices of education, and charter schools may use general purpose funds to provide training for school marshals.
(c) As used in this section, “school marshal” means a school employee who, in accordance with Section 626.9 of the Penal Code and pursuant to locally adopted policies, is authorized to possess a firearm at a schoolsite or designated school activities.

 

SEC. 2.

Section 6254 of the Government Code is amended to read:

 

6254.

Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following:

(a) Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies.
(2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency communications prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and similar information relating to utility systems development, or market or crop reports, that are obtained in confidence from any person.
(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the California Office of EmergencyManagement Agency Services, and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, nothing in this division shall require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:
(1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of the November 7, 2006, statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may be withheld at the victim’s request, or at the request of the victim’s parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined in any of the sections of the Penal Code set forth in this subdivision may be deleted at the request of the victim, or the victim’s parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the current address of the victim of a crime, where the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. However, the address of the victim of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of the November 7, 2006, statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain confidential. Address information obtained pursuant to this paragraph may not be used directly or indirectly, or furnished to another, to sell a product or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury. Nothing in this paragraph shall be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph.
(g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code.
(h) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision.
(i) Information required from any taxpayer in connection with the collection of local taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the Governor’s office or in the custody of or maintained by the Governor’s Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governor’s Legal Affairs Secretary to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel, except those records in the public database maintained by the Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish his or her personal qualification for the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, where an authorized officer of the California Pollution Control Financing Authority determines that disclosure of the financial data would be competitively injurious to the applicant and the data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution Control Financing Authority shall adopt rules for review of individual requests for confidentiality under this section and for making available to the public those portions of an application that are subject to disclosure under this chapter.
(p) Records of state agencies related to activities governed by Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), and Chapter 12 (commencing with Section 3560) of Division 4, that reveal a state agency’s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under these chapters. Nothing in this subdivision shall be construed to limit the disclosure duties of a state agency with respect to any other records relating to the activities governed by the employee relations acts referred to in this subdivision.
(q) (1) Records of state agencies related to activities governed by Article 2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5), and Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, that reveal the special negotiator’s deliberative processes, discussions, communications, or any other portion of the negotiations with providers of health care services, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees.
(2) Except for the portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April 1, 1984, shall be open to inspection one year after they are fully executed. If a contract for inpatient services that is entered into prior to April 1, 1984, is amended on or after April 1, 1984, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after it is fully executed. If the California Medical Assistance Commission enters into contracts with health care providers for other than inpatient hospital services, those contracts shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to inspection under this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other provision of law, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee and the Legislative Analyst’s Office. The committee and that office shall maintain the confidentiality of the contracts and amendments until the time a contract or amendment is fully open to inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Health Care Services pursuant to subdivision (b) of Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, or the records of a municipal hospital, formed pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4 of this code, that relate to any contract with an insurer or nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. However, the record shall be open to inspection within one year after the contract is fully executed.
(u) (1) Information contained in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department that indicates when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of members of his or her family.
(2) The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department.
(3) The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department.
(4) The personally identifiable information of a school marshal, as defined in Section 38010 of the Education Code, that is set forth in an application for a license to carry a firearm, or in a license to carry a firearm, issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department.
(v) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Part 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), and Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice, or training to employees.
(2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Part 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, on or after July 1, 1991, shall be open to inspection one year after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is amended on or after July 1, 1991, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations with health plans, or the impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates of payment, contracts for health coverage entered into pursuant to Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, on or after January 1, 1993, shall be open to inspection one year after they have been fully executed.
(3) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or registration renewal, as a service contractor filed with the Director of Consumer Affairs pursuant to Chapter 20 (commencing with Section 9800) of Division 3 of the Business and Professions Code, for the purpose of establishing the service contractor’s net worth, or financial data regarding the funded accounts held in escrow for service contracts held in force in this state by a service contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice, or training to employees.
(2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998, shall be open to inspection one year after their effective dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code is amended, the amendment shall be open to inspection one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this subdivision for the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff shall also apply to the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of applicants pursuant to Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f) of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency’s operations and that is for distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section 131(3) of Title 6 of the United States Code, that is voluntarily submitted to the California Office of Emergency Management Agency Services for use by that office, including the identity of the person who or entity that voluntarily submitted the information. As used in this subdivision, “voluntarily submitted” means submitted in the absence of the office exercising any legal authority to compel access to or submission of critical infrastructure information. This subdivision shall not affect the status of information in the possession of any other state or local governmental agency.
(ac) All information provided to the Secretary of State by a person for the purpose of registration in the Advance Health Care Directive Registry, except that those records shall be released at the request of a health care provider, a public guardian, or the registrant’s legal representative.
(ad) The following records of the State Compensation Insurance Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing with Section 3200) of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations, meeting minutes of meetings or sessions that are lawfully closed to the public, research, work product, theories, or strategy of the fund or its staff, on the development of rates, contracting strategy, underwriting, or competitive strategy pursuant to the powers granted to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code.
(4) Records obtained to provide workers’ compensation insurance under Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, including, but not limited to, any medical claims information, policyholder information provided that nothing in this paragraph shall be interpreted to prevent an insurance agent or broker from obtaining proprietary information or other information authorized by law to be obtained by the agent or broker, and information on rates, pricing, and claims handling received from brokers.
(5) (A) Records that are trade secrets pursuant to Section 6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, including without limitation, instructions, advice, or training provided by the State Compensation Insurance Fund to its board members, officers, and employees regarding the fund’s special investigation unit, internal audit unit, and informational security, marketing, rating, pricing, underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records containing trade secrets shall be available for review by the Joint Legislative Audit Committee, the Bureau of State Audits, Division of Workers’ Compensation, and the Department of Insurance to ensure compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing assistance to the fund when that person has requested in writing that his or her papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn, or upon order of the fund.
(ii) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed or an internal audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records containing proprietary information, or any information specified in subparagraph (A) shall be available for review by the Joint Legislative Audit Committee, the Bureau of State Audits, Division of Workers’ Compensation, and the Department of Insurance to ensure compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered into pursuant to Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code shall be open to inspection one year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code is amended, the amendment shall be open to inspection one year after the amendment has been fully executed.
(C) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(D) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to this paragraph.
(E) This paragraph is not intended to apply to documents related to contracts with public entities that are not otherwise expressly confidential as to that public entity.
(F) For purposes of this paragraph, “fully executed” means the point in time when all of the necessary parties to the contract have signed the contract.
This section shall not prevent any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by law.
This section shall not prevent any health facility from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the National Labor Relations Act (29 U.S.C. Sec. 158).

 

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Smith & Wesson Bodyguard 380: How to legally obtain one in California

Much of my blog traffic is the result of this post. The crux of the issue that that you can own one of these in California, you can even buy one from a private party sale legally, but common wisdom around here is that you cannot buy one from an FFL as this gun is not on the California Roster of Handguns Certified for Sale (commonly referred to as the Safe Handgun Roster). This is not exactly true.

Before I get into this any further, please understand that I am not a lawyer, and this should not be construed as legal advice. You should consult a licensed attorney to answer any questions you have about this topic.

In 2005 California Senate Bill 269 was passed into law effective January 1, 2006. SB 269 amended the California Penal Code Section 12133 to read as follows:

(a) The provisions of this chapter shall not apply to a
single-action revolver that has at least a 5-cartridge capacity with
a barrel length of not less than three inches, and meets any of the
following specifications:
   (1) Was originally manufactured prior to 1900 and is a curio or
relic, as defined in Section 478.11 of Title 27 of the Code of
Federal Regulations.
   (2) Has an overall length measured parallel to the barrel of at
least 7 1/2 inches when the handle, frame or receiver, and barrel are
assembled.
   (3) Has an overall length measured parallel to the barrel of at
least 7 1/2 inches when the handle, frame or receiver, and barrel are
assembled and that is currently approved for importation into the
United States pursuant to the provisions of paragraph (3) of
subsection (d) of Section 925 of Title 18 of the United States Code.
   (b) The provisions of this chapter shall not apply to a
single-shot pistol with a barrel length of not less than six inches
and that has an overall length of at least 10 1/2 inches when the
handle, frame or receiver, and barrel are assembled.

Here is a link to the Information Bulletin (PDF warning) on this from the California DoJ.

So what this means is that you can legally have an FFL alter any pistol not on the California Roster to be a “single shot” pistol before you initiate the transfer. It is also perfectly legal for you (or a gunsmith) to convert the firearm back to its factory configuration once you have taken possession of it. Not all FFL’s will do these kinds of transfers.

This leads to a kind of WTF? moment when you realize that the California Roster of Handguns Certified for Sale is a complete sham, and does nothing but overcomplicate the process of purchasing your desired handgun. In my opinion, firearms manufacturers should file a class action lawsuit against California over this. Seems like racketeering to me.

So how does this actually work? Let’s say you want to buy a Smith & Wesson Bodyguard 380 in California. The process will go something like this:

  • You locate a dealer willing to do an SSE (Single Shot Exemption) Transfer.
  • The dealer will alter the firearm to be single shot compliant under California PC 12133 (they install a 9-10″ barrel and a “zero shot magazine”, which is basically a magazine altered to prevent any ammunition from being loaded into it).
  • You purchase the Single Shot Compliant pistol, as you would purchase any other firearm in California.
  • Once you take possession of the Single Shot Compliant pistol, you can legally reinstall the factory barrel and use a standard magazine.

Most dealers that will do SSE Transfers have trade in packages where you can trade them the parts of the gun that you purchased in the Single Shot Compliant pistol for the OEM equipment, but not all do. You should discuss the specifics of how this works with your FFL before initiating the purchase.

In practice this means that you can buy pretty much any pistol that you could buy anywhere else in the country (with rare exception), you’ll just probably have to pay a little bit more for it than someone who lives in a State without retarded gun laws.

Thus the answer to the question “Is the Smith & Wesson Bodyguard 380 California legal?” is most assuredly yes.

As is pretty much any other pistol.

One often wonders if the people that pass these laws have any idea of what they actually do.

California AB 144: Who voted for this?

I was talking to a friend about the new firearms laws in California, and specifically about AB 144 (the banning of Open Carry) when he asked who would vote for this? Well I’m pretty sure most people know Anthony Portantino authored it, but he didn’t pass it by himself.

Good question! Now, while I know where to find this information, many of California’s gun owners probably do not. Many do not even know that this information is available.

So I’ll remedy that.

Here is the timeline of the passage of AB 144, including who voted for it, and who voted against it (just as important):

Assembly Committee 12APR’11

	UNOFFICIAL BALLOT
MEASURE:	AB 144
AUTHOR:	Portantino
TOPIC:	Firearms.
DATE:	04/12/2011
LOCATION:	ASM. PUB. S.
MOTION:	Do pass and be re-referred to the Committee on Appropriations.
	(AYES   5. NOES   2.)  (PASS)

	AYES
	****
Ammiano	Cedillo	Hill	Mitchell
Yamada
	NOES
	****
Knight	Hagman

	ABSENT, ABSTAINING, OR NOT VOTING
	*********************************

Assembly Committee 04MAY’11

MEASURE:	AB 144
AUTHOR:	Portantino
TOPIC:	Firearms.
DATE:	05/04/2011
LOCATION:	ASM. APPR.
MOTION:	Do pass.
	(AYES  12. NOES   5.)  (PASS)

	AYES
	****
Fuentes	Blumenfield	Bradford	Charles Calderon
Campos	Davis	Gatto	Hall
Hill	Lara	Mitchell	Solorio

	NOES
	****
Harkey	Donnelly	Nielsen	Norby
Wagner

	ABSENT, ABSTAINING, OR NOT VOTING
	*********************************

Assembly Floor 16MAY’11

MEASURE:	AB 144
AUTHOR:	Portantino
TOPIC:	Firearms.
DATE:	05/16/2011
LOCATION:	ASM. FLOOR
MOTION:	AB 144 PORTANTINO  Assembly Third Reading
	(AYES  46. NOES  29.)  (PASS)

	AYES
	****
Alejo	Allen	Ammiano	Atkins
Beall	Block	Blumenfield	Bonilla
Bradford	Brownley	Buchanan	Butler
Charles Calderon	Campos	Carter	Cedillo
Chesbro	Davis	Dickinson	Eng
Feuer	Fong	Fuentes	Furutani
Gatto	Gordon	Hall	Hayashi
Hill	Hueso	Huffman	Lara
Bonnie Lowenthal	Ma	Mitchell	Monning
Pan	V. Manuel Pérez	Portantino	Skinner
Solorio	Swanson	Wieckowski	Williams
Yamada	John A. Pérez

	NOES
	****
Achadjian	Bill Berryhill	Conway	Cook
Donnelly	Fletcher	Beth Gaines	Garrick
Grove	Hagman	Halderman	Harkey
Roger Hernández	Huber	Jeffries	Jones
Knight	Logue	Mansoor	Miller
Morrell	Nestande	Nielsen	Olsen
Perea	Silva	Smyth	Valadao
Wagner

	ABSENT, ABSTAINING, OR NOT VOTING
	*********************************
Galgiani	Gorell	Mendoza	Norby
Torres

Senate Committee 07JUN’11

MEASURE:	AB 144
AUTHOR:	Portantino
TOPIC:	Firearms.
DATE:	06/07/2011
LOCATION:	SEN. PUB. S.
MOTION:	Do pass, but re-refer to the Committee on Appropriations.
	(AYES   4. NOES   2.)  (PASS)

	AYES
	****
Hancock	Liu	Price	Steinberg

	NOES
	****
Anderson	Harman

	NO VOTE RECORDED
	****************
Calderon

Senate Floor 08SEP’11

MEASURE:	AB 144
AUTHOR:	Portantino
TOPIC:	Firearms.
DATE:	09/08/2011
LOCATION:	SEN. FLOOR
MOTION:	Assembly 3rd Reading AB144 Portantino Reconsider
	(AYES  15. NOES  20.)  (FAIL)

	AYES
	****
Anderson	Berryhill	Blakeslee	Cannella
Dutton	Emmerson	Fuller	Gaines
Harman	Huff	La Malfa	Runner
Strickland	Walters	Wyland

	NOES
	****
Alquist	Calderon	Corbett	De León
DeSaulnier	Evans	Hancock	Hernandez
Kehoe	Leno	Lieu	Liu
Negrete McLeod	Padilla	Pavley	Price
Steinberg	Vargas	Wolk	Yee

	NO VOTE RECORDED
	****************
Correa	Lowenthal	Rubio	Simitian
Wright

Senate Floor 08SEP’11

MEASURE:	AB 144
AUTHOR:	Portantino
TOPIC:	Firearms.
DATE:	09/08/2011
LOCATION:	SEN. FLOOR
MOTION:	Assembly 3rd Reading AB144 Portantino By De León
	(AYES  21. NOES  18.)  (PASS)

	AYES
	****
Alquist	Calderon	Corbett	De León
DeSaulnier	Evans	Hancock	Hernandez
Kehoe	Leno	Liu	Lowenthal
Negrete McLeod	Padilla	Pavley	Price
Simitian	Steinberg	Vargas	Wolk
Yee

	NOES
	****
Anderson	Berryhill	Blakeslee	Cannella
Correa	Dutton	Emmerson	Fuller
Gaines	Harman	Huff	La Malfa
Rubio	Runner	Strickland	Walters
Wright	Wyland

	NO VOTE RECORDED
	****************
Lieu

Assembly Floor 09SEP’11

MEASURE:	AB 144
AUTHOR:	Portantino
TOPIC:	Firearms.
DATE:	09/09/2011
LOCATION:	ASM. FLOOR
MOTION:	AB 144 PORTANTINO  Concurrence in Senate Amendments
	(AYES  48. NOES  30.)  (PASS)

	AYES
	****
Alejo	Allen	Ammiano	Atkins
Beall	Block	Blumenfield	Bonilla
Bradford	Brownley	Buchanan	Butler
Charles Calderon	Campos	Carter	Cedillo
Chesbro	Davis	Dickinson	Eng
Feuer	Fong	Fuentes	Furutani
Gatto	Gordon	Hall	Hayashi
Roger Hernández	Hill	Hueso	Huffman
Lara	Bonnie Lowenthal	Ma	Mendoza
Mitchell	Monning	Pan	V. Manuel Pérez
Portantino	Skinner	Solorio	Swanson
Wieckowski	Williams	Yamada	John A. Pérez

	NOES
	****
Achadjian	Bill Berryhill	Conway	Cook
Donnelly	Fletcher	Beth Gaines	Galgiani
Garrick	Grove	Hagman	Halderman
Harkey	Huber	Jeffries	Jones
Knight	Logue	Mansoor	Miller
Morrell	Nestande	Nielsen	Norby
Olsen	Perea	Silva	Smyth
Valadao	Wagner

	ABSENT, ABSTAINING, OR NOT VOTING
	*********************************
Gorell	Torres

Final tally:

Voted to pass this law:

  • Assembly: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles, Calderon, Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Gatto, Gordon, Hall, Hayashi, Roger, Hernández, Hill, Hueso, Huffman, Lara, Bonnie, Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Wieckowski, Williams, Yamada, John A. Pérez
  • Senate: Alquist, Calderon, Corbett, De León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Liu, Lowenthal, Negrete, McLeod, Padilla, Pavley, Price, Simitian, Steinberg, Vargas, Wolk, Yee
  • Governor’s Action: Signed by Governor Brown on 09OCT’11

Voted against the passing of this law:

  • Assembly: Achadjian, Bill, Berryhill, Conway, Cook, Donnelly, Fletcher, Beth, Gaines, Galgiani, Garrick, Grove, Hagman, Halderman, Harkey, Huber, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Perea, Silva, Smyth, Valadao, Wagner
  • Senate: Anderson, Berryhill, Blakeslee, Cannella, Correa, Dutton, Emmerson, Fuller, Gaines, Harman, Huff, La Malfa, Rubio, Runner, Strickland, Walters, Wright, Wyland

I’m quite happy to say that I did not vote for a single person that voted to pass this law. Can you say the same?

California AB962, die in a fire.

It’s fitting that this be the first post on this blog, since the passage of California AB 962 was the impetus for it’s creation (after it passed I decided that I needed to start doing some gun blogging). I am happy to report that today, AB 962 is dead.

From calgunlaws.com:

In a dramatic ruling giving gun owners a win in an National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit, this morning Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962, the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called “handgun ammunition” to be registered, was unconstitutionally vague on its face. The Court enjoined enforcement of the statute, so mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law.

The lawsuit was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition is covered by the new laws created by AB 962. In a highly unusual move that reflects growing law enforcement opposition to ineffective gun control laws, Tehama County Sheriff Clay Parker is the lead plaintiff in the lawsuit. Other plaintiffs include the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able’s Ammo, collectible ammunition shipper RTG Sporting Collectibles, and individual Steven Stonecipher. Mendocino Sheriff Tom Allman also supported the lawsuit.

The ruling comes just days before the portion of the law that bans mail order sales of so called “handgun ammunition” was set to take effect on February 1, 2011. The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation. If it had gone into effect, AB 962 would have imposed burdensome and ill conceived restrictions on the sales of ammunition. AB 962 required that “handgun ammunition” be stored out of the reach of customers, that ammunition vendors collect ammunition sales registration information and thumb-prints from purchasers, and conduct transactions face-to-face for all deliveries and transfers of “handgun ammunition.” The lawsuit successfully sought the declaration from the Court that the statute was unconstitutional, and successfully sought the injunctive relief prohibiting law enforcement from enforcing the new laws.

As an avid enthusiast of the shooting discipline, I am thrilled by this. Also, as a resident of Fresno I am extremely happy that there is now something that has been done here that I can be proud of (usually I’m very… forlorn about living here, as it seems that the modus operandi of those running the show in Fresno is “lets see how bad we can screw this up”). Judge Hamilton my hat is off to you sir, well done.

In sunny California, some days are brighter than others for gun owners.