AB 180, as amended, Bonta. Registration and licensing of firearms: exclusive regulation by the Legislature.
Existing law states the intention of the Legislature to occupy the whole field of regulation of registration or licensing of commercially manufactured firearms as encompassed by the Penal Code to the exclusion of all local regulations.
This bill would provide an exception to those provisions by authorizing the City of Oakland to enactbegin delete and enforceend delete an ordinance or regulation that is more restrictive than state law regulating the registration or licensing of commercially manufactured firearms as encompassed by the Penal Codebegin insert and make conforming changesend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 53071 of the Government Code is
2amended to read:
(a) It is the intention of the Legislature to occupy the
2whole field of regulation of the registration or licensing of
3commercially manufactured firearms as encompassed by the
4provisions of the Penal Code, and such provisions shall be
5exclusive of all local regulations, relating to registration or
6licensing of commercially manufactured firearms, by any political
7subdivision as defined in Section 1721 of the Labor Code.
8(b) Notwithstanding subdivision (a), the City of Oakland may
9enactbegin delete and enforceend delete an ordinance or regulation that is more restrictive
10than state law regulating the
registration or licensing of
11commercially manufactured firearms as encompassed by the Penal
12Code.
begin insertSection 25605 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) Section 25400 and Chapter 6 (commencing with
15Section 26350) of Division 5 shall not apply to or affect any citizen
16of the United States or legal resident over the age of 18 years who
17resides or is temporarily within this state, and who is not within
18the excepted classes prescribed by Chapter 2 (commencing with
19Section 29800) or Chapter 3 (commencing with Section 29900)
20of Division 9 of this title, or Section 8100 or 8103 of the Welfare
21and Institutions Code, who carries, either openly or concealed,
22anywhere within the citizen’s or legal resident’s place of residence,
23place of business, or on private property owned or lawfully
24possessed by the citizen or legal resident, any handgun.
25(b) begin deleteNo end deletebegin insertA
end insertpermit or license to purchase, own, possess, keep, or
26carry, either openly or concealed, shallbegin insert notend insert be required of any
27citizen of the United States or legal resident over the age of 18
28years who resides or is temporarily within this state, and who is
29not within the excepted classes prescribed by Chapter 2
30(commencing with Section 29800) or Chapter 3 (commencing with
31Section 29900) of Division 9 of this title, or Section 8100 or 8103
32of the Welfare and Institutions Code, to purchase, own, possess,
33keep, or carry, either openly or concealed, a handgun within the
34citizen’s or legal resident’s place of residence, place of business,
35or on private property owned or lawfully possessed by the citizen
36or legal resident.
37(c) begin deleteNothing in this end deletebegin insertThis
end insertsection shallbegin insert notend insert be construed as
38affecting the application of Sections 25850 to 26055, inclusive.
P3 1(d) This section shall not be construed as affecting the
2application of subdivision (b) of Section 53071 of the Government
3Code.
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