California 2017-2018 Regular Session

California Assembly Bill AB7 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~7 CHAPTER 734An~~ act to amend Section 26400 of, to amend the heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of, and to amend the heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of, the Penal Code, relating to firearms. ~~[ Approved by Governor October 13, 2017. Filed with Secretary of State October 13, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 7, Gipson. Firearms: open carry. Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm.Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county.This bill would prohibit the carrying of, and make it a crime to carry, an unloaded firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: CHAPTER 7. Carrying an Unloaded Firearm That is not a HandgunSEC. 2. The heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: Article 1. Crime of Carrying an Unloaded Firearm that is not a HandgunSEC. 3. Section 26400 of the Penal Code is amended to read:26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:(1) An incorporated city or city and county.(2) A public place or a public street in a prohibited area of an unincorporated area of a county.(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
	1	+	Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly September 13, 2017 Amended IN Senate September 07, 2017 Amended IN Assembly March 28, 2017 Amended IN Assembly February 27, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 7Introduced by Assembly Member Gipson(Coauthors: Senators Portantino and Wiener)December 05, 2016An act to amend Section 26400 of, to amend the heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of, and to amend the heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of, the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 7, Gipson. Firearms: open carry. Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm.Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county.This bill would prohibit the carrying of, and make it a crime to carry, an unloaded firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: CHAPTER 7. Carrying an Unloaded Firearm That is not a HandgunSEC. 2. The heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: Article 1. Crime of Carrying an Unloaded Firearm that is not a HandgunSEC. 3. Section 26400 of the Penal Code is amended to read:26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:(1) An incorporated city or city and county.(2) A public place or a public street in a prohibited area of an unincorporated area of a county.(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
2	2
3		-	Assembly Bill No. 7 CHAPTER 734An act to amend Section 26400 of, to amend the heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of, and to amend the heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of, the Penal Code, relating to firearms. [ Approved by Governor October 13, 2017. Filed with Secretary of State October 13, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 7, Gipson. Firearms: open carry. Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm.Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county.This bill would prohibit the carrying of, and make it a crime to carry, an unloaded firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	3	+	Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly September 13, 2017 Amended IN Senate September 07, 2017 Amended IN Assembly March 28, 2017 Amended IN Assembly February 27, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 7Introduced by Assembly Member Gipson(Coauthors: Senators Portantino and Wiener)December 05, 2016An act to amend Section 26400 of, to amend the heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of, and to amend the heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of, the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 7, Gipson. Firearms: open carry. Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm.Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county.This bill would prohibit the carrying of, and make it a crime to carry, an unloaded firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	4	+
	5	+	Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly September 13, 2017 Amended IN Senate September 07, 2017 Amended IN Assembly March 28, 2017 Amended IN Assembly February 27, 2017
	6	+
	7	+	Enrolled September 15, 2017
	8	+	Passed IN Senate September 12, 2017
	9	+	Passed IN Assembly September 13, 2017
	10	+	Amended IN Senate September 07, 2017
	11	+	Amended IN Assembly March 28, 2017
	12	+	Amended IN Assembly February 27, 2017
	13	+
	14	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	15
5	16		Assembly Bill No. 7
6		-	CHAPTER 734
	17	+
	18	+	Introduced by Assembly Member Gipson(Coauthors: Senators Portantino and Wiener)December 05, 2016
	19	+
	20	+	Introduced by Assembly Member Gipson(Coauthors: Senators Portantino and Wiener)
	21	+	December 05, 2016
7	22
8	23		An act to amend Section 26400 of, to amend the heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of, and to amend the heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of, the Penal Code, relating to firearms.
9		-
10		-	[ Approved by Governor October 13, 2017. Filed with Secretary of State October 13, 2017. ]
11	24
12	25		LEGISLATIVE COUNSEL'S DIGEST
13	26
14	27		## LEGISLATIVE COUNSEL'S DIGEST
15	28
16	29		AB 7, Gipson. Firearms: open carry.
17	30
18	31		Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm.Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county.This bill would prohibit the carrying of, and make it a crime to carry, an unloaded firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county.By expanding the scope of an existing crime, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.
19	32
20	33		Existing law prohibits, with certain exceptions, openly carrying an unloaded handgun outside a vehicle while in or upon a public place or public street of an incorporated city or city and county or while in or upon a public place or public street within a prohibited area, being defined as any area in which it is unlawful to discharge a firearm.
21	34
22	35		Existing law also prohibits, with certain exceptions, carrying an unloaded firearm that is not a handgun, such as a shotgun or rifle, while in an incorporated city or city and county but does not prohibit the carrying of an unloaded firearm other than a handgun in unincorporated areas of a county.
23	36
24	37		This bill would prohibit the carrying of, and make it a crime to carry, an unloaded firearm other than a handgun while in or upon a public place or public street within a prohibited area located within the unincorporated area of a county.
25	38
26	39		By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
27	40
28	41		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.
29	42
30	43		This bill would provide that no reimbursement is required by this act for a specified reason.
31	44
32	45		## Digest Key
33	46
34	47		## Bill Text
35	48
36	49		The people of the State of California do enact as follows:SECTION 1. The heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: CHAPTER 7. Carrying an Unloaded Firearm That is not a HandgunSEC. 2. The heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: Article 1. Crime of Carrying an Unloaded Firearm that is not a HandgunSEC. 3. Section 26400 of the Penal Code is amended to read:26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:(1) An incorporated city or city and county.(2) A public place or a public street in a prohibited area of an unincorporated area of a county.(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
37	50
38	51		The people of the State of California do enact as follows:
39	52
40	53		## The people of the State of California do enact as follows:
41	54
42	55		SECTION 1. The heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: CHAPTER 7. Carrying an Unloaded Firearm That is not a Handgun
43	56
44	57		SECTION 1. The heading of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read:
45	58
46	59		### SECTION 1.
47	60
48	61		CHAPTER 7. Carrying an Unloaded Firearm That is not a Handgun
49	62
50	63		CHAPTER 7. Carrying an Unloaded Firearm That is not a Handgun
51	64
52	65		CHAPTER 7. Carrying an Unloaded Firearm That is not a Handgun
53	66
54	67		CHAPTER 7. Carrying an Unloaded Firearm That is not a Handgun
55	68
56	69		SEC. 2. The heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read: Article 1. Crime of Carrying an Unloaded Firearm that is not a Handgun
57	70
58	71		SEC. 2. The heading of Article 1 (commencing with Section 26400) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code is amended to read:
59	72
60	73		### SEC. 2.
61	74
62	75		Article 1. Crime of Carrying an Unloaded Firearm that is not a Handgun
63	76
64	77		Article 1. Crime of Carrying an Unloaded Firearm that is not a Handgun
65	78
66	79		Article 1. Crime of Carrying an Unloaded Firearm that is not a Handgun
67	80
68	81		Article 1. Crime of Carrying an Unloaded Firearm that is not a Handgun
69	82
70	83		SEC. 3. Section 26400 of the Penal Code is amended to read:26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:(1) An incorporated city or city and county.(2) A public place or a public street in a prohibited area of an unincorporated area of a county.(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.
71	84
72	85		SEC. 3. Section 26400 of the Penal Code is amended to read:
73	86
74	87		### SEC. 3.
75	88
76	89		26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:(1) An incorporated city or city and county.(2) A public place or a public street in a prohibited area of an unincorporated area of a county.(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.
77	90
78	91		26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:(1) An incorporated city or city and county.(2) A public place or a public street in a prohibited area of an unincorporated area of a county.(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.
79	92
80	93		26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:(1) An incorporated city or city and county.(2) A public place or a public street in a prohibited area of an unincorporated area of a county.(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.
81	94
82	95
83	96
84	97		26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
85	98
86	99		(1) An incorporated city or city and county.
87	100
88	101		(2) A public place or a public street in a prohibited area of an unincorporated area of a county.
89	102
90	103		(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
91	104
92	105		(2) A violation of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment, if the firearm and unexpended ammunition capable of being discharged from that firearm are in the immediate possession of the person and the person is not in lawful possession of that firearm.
93	106
94	107		(c) (1) Nothing in this section shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a penalty greater than is set forth in this section.
95	108
96	109		(2) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.
97	110
98	111		(d) Notwithstanding the fact that the term an unloaded firearm that is not a handgun is used in this section, each individual firearm shall constitute a distinct and separate offense under this section.
99	112
100	113		SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
101	114
102	115		SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
103	116
104	117		SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
105	118
106	119		### SEC. 4.