Cal Pen Code § 12031 (2004)
§ 12031. Felony or misdemeanor of carrying loaded firearm in public place
or on public street; Exceptions
(a)(1) A person is guilty of carrying a loaded firearm when he or
she carries a loaded firearm on his or her person or in a vehicle while in any
public place or on any public street in an incorporated city or in any public
place or on any public street in a prohibited area of unincorporated territory.
(2) Carrying a loaded firearm in violation of this section is
punishable, as follows:
(A) Where the person previously has been convicted of any
felony, or of any crime made punishable by this chapter, as a felony.
(B) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(C) Where the person is an active participant in a criminal
street gang, as defined in subdivision (a) of Section 186.22, under the Street
Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1), as a felony.
(D) Where the person is not in lawful possession of the
firearm, as defined in this section, or is within a class of persons prohibited
from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of
this code or Section 8100 or 8103 of the Welfare and
Institutions Code, as a felony.
(E) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, or by imprisonment in a county jail not to
exceed one year, by a fine not to exceed one thousand dollars ($ 1,000), or by
both that imprisonment and fine.
(F) Where the person is not listed with the Department of
Justice pursuant to Section 11106, as the registered owner of the pistol,
revolver, or other firearm capable of being concealed upon the person, by
imprisonment in the state prison, or by imprisonment in a county jail not to
exceed one year, or by a fine not to exceed one thousand dollars ($ 1,000), or
both that fine and imprisonment.
(G) In all cases other than those specified in subparagraphs
(A) to (F), inclusive, as a misdemeanor, punishable by imprisonment in a county
jail not to exceed one year, by a fine not to exceed one thousand dollars ($
1,000), or by both that imprisonment and fine.
(3) For purposes of this section, "lawful possession of
the firearm" means that the person who has possession or custody of the
firearm either lawfully acquired and lawfully owns the firearm or has the
permission of the lawful owner or person who otherwise has apparent authority
to possess or have custody of the firearm. A person who takes a firearm without
the permission of the lawful owner or without the permission of a person who
has lawful custody of the firearm does not have lawful possession of the
firearm.
(4) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1 of this code, Section 8100
or 8103 of the Welfare and Institutions Code, or any other law with a
greater penalty than this section.
(5)(A) Notwithstanding paragraphs (2) and (3) of subdivision
(a) of Section 836, a peace officer may make an arrest without a warrant:
(i) When the person arrested has violated this section,
although not in the officer's presence.
(ii) Whenever the officer has reasonable cause to believe
that the person to be arrested has violated this section, whether or not this
section has, in fact, been violated.
(B) A peace officer may arrest a person for a violation of
subparagraph (F) of paragraph (2), if the peace officer has probable cause to
believe that the person is carrying a loaded pistol, revolver, or other firearm
capable of being concealed upon the person in violation of this section and
that 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 pistol,
revolver, or other firearm capable of being concealed upon the person.
(6)(A) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section 12001.6, or of
any crime made punishable under this chapter, shall serve a term of at least
three months in a county jail, or, if granted probation or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or she be
imprisoned for a period of at least three months.
(B) The court shall apply the three-month minimum sentence
except in unusual cases where the interests of justice would best be served by
granting probation or suspending the imposition or execution of sentence
without the minimum imprisonment required in this subdivision or by granting
probation or suspending the imposition or execution of sentence with conditions
other than those set forth in this subdivision, in which case, the court shall
specify on the record and shall enter on the minutes the circumstances
indicating that the interests of justice would best be served by that
disposition.
(7) A violation of this section which is punished by
imprisonment in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term exceeding one year
for the purposes of determining federal firearms eligibility under Section
922(g)(1) of Title 18 of the United States Code.
(b) Subdivision (a) shall not apply to any of the following:
(1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably retired, other
duly appointed peace officers, honorably retired peace officers listed in
subdivision (c) of Section 830.5, other honorably retired peace officers who
during the course and scope of their employment as peace officers were
authorized to, and did, carry firearms, full-time paid peace officers of other
states and the federal government who are carrying out official duties while in
California, or any person summoned by any of those officers to assist in making
arrests or preserving the peace while the person is actually engaged in
assisting that officer. Any peace officer described in this paragraph who has
been honorably retired shall be issued an identification certificate by the law
enforcement agency from which the officer has retired. The issuing agency may
charge a fee necessary to cover any reasonable expenses incurred by the agency
in issuing certificates pursuant to this paragraph and paragraph (3).
Any officer, except an officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5
who retired prior to January 1, 1981, shall have an endorsement on the
identification certificate stating that the issuing agency approves the
officer's carrying of a loaded firearm.
No endorsement or renewal endorsement issued pursuant to
paragraph (2) shall be effective unless it is in the format set forth in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 12027, except
that any peace officer listed in subdivision (f) of Section 830.2 or in subdivision
(c) of Section 830.5, who is retired between January 2, 1981, and on or before
December 31, 1988, and who is authorized to carry a loaded firearm pursuant to
this section, shall not be required to have an endorsement in the format set
forth in subparagraph (D) of paragraph (1) of subdivision (a) of Section 12027
until the time of the issuance, on or after January 1, 1989, of a renewal
endorsement pursuant to paragraph (2).
(2) A retired peace officer, except an officer listed in
Section 830.1 or 830.2, subdivision (a) of Section 830.33, or subdivision (c)
of Section 830.5 who retired prior to January 1, 1981, shall petition the
issuing agency for renewal of his or her privilege to carry a loaded firearm
every five years. An honorably retired peace officer listed in Section 830.1 or
830.2, subdivision (a) of Section 830.33, or subdivision (c) of Section 830.5
who retired prior to January 1, 1981, shall not be required to obtain an
endorsement from the issuing agency to carry a loaded firearm. The agency from
which a peace officer is honorably retired may, upon initial retirement of the
peace officer, or at any time subsequent thereto, deny or revoke for good cause
the retired officer's privilege to carry a loaded firearm. A peace officer who
is listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or
subdivision (c) of Section 830.5 who is retired prior to January 1, 1981, shall
have his or her privilege to carry a loaded firearm denied or revoked by having
the agency from which the officer retired stamp on the officer's identification
certificate "No CCW privilege."
(3) An honorably retired peace officer who is listed in
subdivision (c) of Section 830.5 and authorized to carry loaded firearms by
this subdivision shall meet the training requirements of Section 832 and shall
qualify with the firearm at least annually. The individual retired peace
officer shall be responsible for maintaining his or her eligibility to carry a
loaded firearm. The Department of Justice shall provide subsequent arrest
notification pursuant to Section 11105.2 regarding honorably retired peace
officers listed in subdivision (c) of Section 830.5 to the agency from which
the officer has retired.
(4) Members of the military forces of this state or of the
(5) Persons who are using target ranges for the purpose of
practice shooting with a firearm or who are members of shooting clubs while
hunting on the premises of those clubs.
(6) The carrying of pistols, revolvers, or other firearms
capable of being concealed upon the person by persons who are authorized to
carry those weapons pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4.
(7) Armored vehicle guards, as defined in Section 7521 of the Business and Professions Code,
(A) if hired prior to January 1, 1977, or (B) if hired on or after that date,
if they have received a firearms qualification card from the Department of
Consumer Affairs, in each case while acting within the course and scope of
their employment.
(8) Upon approval of the sheriff of the county in which they
reside, honorably retired federal officers or agents of federal law enforcement
agencies, including, but not limited to, the Federal Bureau of Investigation,
the Secret Service, the United States Customs Service, the Federal Bureau of
Alcohol, Tobacco, and Firearms, the Federal Bureau of Narcotics, the Drug
Enforcement Administration, the United States Border Patrol, and officers or agents
of the Internal Revenue Service who were authorized to carry weapons while on
duty, who were assigned to duty within the state for a period of not less than
one year, or who retired from active service in the state.
Retired federal officers or agents shall provide the sheriff
with certification from the agency from which they retired certifying their
service in the state, the nature of their retirement, and indicating the
agency's concurrence that the retired federal officer or agent should be accorded
the privilege of carrying a loaded firearm.
Upon approval, the sheriff shall issue a permit to the
retired federal officer or agent indicating that he or she may carry a loaded
firearm in accordance with this paragraph. The permit shall be valid for a
period not exceeding five years, shall be carried by the retiree while carrying
a loaded firearm, and may be revoked for good cause.
The sheriff of the county in which the retired federal
officer or agent resides may require recertification prior to a permit renewal,
and may suspend the privilege for cause. The sheriff may charge a fee necessary
to cover any reasonable expenses incurred by the county.
(c) Subdivision (a) shall not apply to any of the following
who have completed a regular course in firearms training approved by the
Commission on Peace Officer Standards and Training:
(1) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express terms of
its charter who also, under the express terms of the charter, (A) are subject
to suspension or dismissal after a hearing on charges duly filed with the
commission after a fair and impartial trial, (B) are not less than 18 years of
age or more than 40 years of age, (C) possess physical qualifications
prescribed by the commission, and (D) are designated by the police commission
as the owners of a certain beat or territory as may be fixed from time to time
by the police commission.
(2) The carrying of weapons by animal control officers or
zookeepers, regularly compensated as such by a governmental agency when acting
in the course and scope of their employment and when designated by a local
ordinance or, if the governmental agency is not authorized to act by ordinance,
by a resolution, either individually or by class, to carry the weapons, or by
persons who are authorized to carry the weapons pursuant to Section 14502 of the Corporations Code, while
actually engaged in the performance of their duties pursuant to that section.
(3) Harbor police officers designated pursuant to Section 663.5 of the Harbors and Navigation Code.
(d) Subdivision (a) shall not apply to any of the following
who have been issued a certificate pursuant to Section 12033. The certificate
shall not be required of any person who is a peace officer, who has completed
all training required by law for the exercise of his or her power as a peace
officer, and who is employed while not on duty as a peace officer.
(1) Guards or messengers of common carriers, banks, and other
financial institutions while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds, or other
thing of value within this state.
(2) Guards of contract carriers operating armored vehicles
pursuant to California Highway Patrol and Public Utilities Commission authority
(A) if hired prior to January 1, 1977, or (B) if hired on or after January 1,
1977, if they have completed a course in the carrying and use of firearms which
meets the standards prescribed by the Department of Consumer Affairs.
(3) Private investigators and private patrol operators who
are licensed pursuant to Chapter 11.5 (commencing with Section 7512) of, and
alarm company operators who are licensed pursuant to Chapter 11.6 (commencing
with Section 7590) of, Division 3 of the Business and
Professions Code, while acting within the course and scope of their
employment.
(4) Uniformed security guards or night watch persons employed
by any public agency, while acting within the scope and course of their
employment.
(5) Uniformed security guards, regularly employed and
compensated in that capacity by persons engaged in any lawful business, and
uniformed alarm agents employed by an alarm company operator, while actually
engaged in protecting and preserving the property of their employers or on duty
or en route to or from their residences or their places of employment, and
security guards and alarm agents en route to or from their residences or employer-required
range training. Nothing in this paragraph shall be construed to prohibit cities
and counties from enacting ordinances requiring alarm agents to register their
names.
(6) Uniformed employees of private patrol operators and
private investigators licensed pursuant to Chapter 11.5 (commencing with Section 7512) of Division 3 of the Business and Professions
Code, while acting within the course and scope of their employment.
(e) In order to determine whether or not a firearm is loaded
for the purpose of enforcing this section, peace officers are authorized to
examine any firearm carried by anyone on his or her person or in a vehicle
while in any public place or on any public street in an incorporated city or
prohibited area of an unincorporated territory. Refusal to allow a peace
officer to inspect a firearm pursuant to this section constitutes probable
cause for arrest for violation of this section.
(f) As used in this section, "prohibited area"
means any place where it is unlawful to discharge a weapon.
(g) A firearm shall be deemed to be loaded for the purposes
of this section when there is an unexpended cartridge or shell, consisting of a
case that holds a charge of powder and a bullet or shot, in, or attached in any
manner to, the firearm, including, but not limited to, in the firing chamber,
magazine, or clip thereof attached to the firearm; except that a muzzle-loader
firearm shall be deemed to be loaded when it is capped or primed and has a
powder charge and ball or shot in the barrel or cylinder.
(h) Nothing in this section shall prevent any person engaged
in any lawful business, including a nonprofit organization, or any officer,
employee, or agent authorized by that person for lawful purposes connected with
that business, from having a loaded firearm within the person's place of
business, or any person in lawful possession of private property from having a
loaded firearm on that property.
(i) Nothing in this section shall prevent any person from
carrying a loaded firearm in an area within an incorporated city while engaged
in hunting, provided that the hunting at that place and time is not prohibited
by the city council.
(j)(1) Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would otherwise be
lawful, by a person who reasonably believes that the person or property of
himself or herself or of another is in immediate, grave danger and that the
carrying of the weapon is necessary for the preservation of that person or
property. As used in this subdivision, "immediate" means the brief
interval before and after the local law enforcement agency, when reasonably
possible, has been notified of the danger and before the arrival of its
assistance.
(2) A violation of this section is justifiable when a person
who possesses a firearm reasonably believes that he or she is in grave danger
because of circumstances forming the basis of a current restraining order
issued by a court against another person or persons who has or have been found
to pose a threat to his or her life or safety. This paragraph may not apply
when the circumstances involve a mutual restraining order issued pursuant to
Division 10 (commencing with Section 6200) of the
Family Code absent a factual finding of a specific threat to the
person's life or safety. It is not the intent of the Legislature to limit,
restrict, or narrow the application of current statutory or judicial authority
to apply this or other justifications to defendants charged with violating
Section 12025 or of committing other similar offenses.
Upon trial for violating this section, the trier of fact
shall determine whether the defendant was acting out of a reasonable belief
that he or she was in grave danger.
(k) Nothing in this section is intended to preclude the
carrying of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
(l) Nothing in this section shall prevent any person from
having a loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
(m)(1) The district attorney of each county shall submit
annually a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged with a
felony or a misdemeanor under this section and any other offense charged in the
same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on
or before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative only until
January 1, 2005.