From ba-firearms-request Mon Mar 7 08:55:27 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id IAA13882; Mon, 7 Mar 1994 08:55:18 -0800 Errors-to: ca-firearms-request@shell.portal.com Sender: ca-firearms-request@shell.portal.com Precedence: bulk Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id IAA13878 for ; Mon, 7 Mar 1994 08:55:17 -0800 Received: from lepton.isi.edu (lepton.isi.edu [128.9.80.80]) by nova.unix.portal.com (8.6.4/8.6.5) with SMTP id IAA14704 for ; Mon, 7 Mar 1994 08:55:17 -0800 Received: from valerie.isi.edu by lepton.isi.edu (5.65c/5.61+local-16) id ; Mon, 7 Mar 1994 08:54:14 -0800 Message-Id: <199403071654.AA06907@lepton.isi.edu> To: ca-firearms@shell.portal.com Subject: AB 3789-->Firearms Checkpoints Date: Mon, 07 Mar 1994 08:54:48 PST From: John Walker Status: RO I heard about this on talk radio this morning and varyfied it with a call to the assemblyman's office. Here is the low-down: Assemblyman Louis Caldera (D-Los Angeles) introduced legislation on Friday that would authorize the establishment of checkpoints (AKA sobriety checkpoints) for firearms. The idea is to allow police to set up road blocks in which they would stop cars and search for illegal firearms. I called his Sacramento office and varyfied that this story was true and that the legislation is AB 3789. I haven't seen a copy of the legislation. Here is how you can contact him if you want to: Dist. 46==> Louis Caldera State Capitol, Room #2176 304 S. Broadway, Suite 580 Sacramento, CA 95814 Los Angeles, CA 90013 (916) 445-4843 (Sacramento Ph. #) (213) 680-4646 (local ph. #) (213) 680-1851 (local fax. #) *********** Enjoy; John W. From ba-firearms-request Tue Mar 8 14:10:31 1994 Received: from localhost (daemon@localhost) by jobe.shell.portal.com (8.6.4/8.6.4) id OAA06076; Tue, 8 Mar 1994 14:10:01 -0800 Errors-to: ca-firearms-request@shell.portal.com Sender: ca-firearms-request@shell.portal.com Precedence: bulk Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.4) with ESMTP id OAA06072 for ; Tue, 8 Mar 1994 14:10:00 -0800 From: cjoksch@aol.com Received: from mailgate.prod.aol.net (mailgate.prod.aol.net [192.203.190.181]) by nova.unix.portal.com (8.6.4/8.6.5) with SMTP id OAA20341 for ; Tue, 8 Mar 1994 14:09:59 -0800 Received: by mailgate.prod.aol.net (1.37.109.4/16.2) id AA16657; Tue, 8 Mar 94 17:07:30 -0500 X-Mailer: America Online Mailer Message-Id: <9403081707.tn344725@aol.com> To: ca-firearms@shell.portal.com Date: Tue, 08 Mar 94 17:07:26 EST Subject: Re: AB 3789-->Firearms Checkp... Status: RO pax version 1.2 BILL NUMBER: AB 3789 INTRODUCED 02/25/94 BILL TEXT INTRODUCED BY Assembly Members Caldera, Eastin, Isenberg, Karnette, and Richter (Coauthors: Senators Peace, Presley, Torres, and Watson) FEBRUARY 25, 1994 An act to add and repeal Article 2 (commencing with Section 2830) of Chapter 4 of Division 2 of the Vehicle Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 3789, as introduced, Caldera. Firearms: vehicle searches and theft. Existing law does not require drivers to consent to vehicle searches for unlawful firearms as a condition of obtaining a driver's license. This bill would provide that any person who drives a motor vehicle shall be deemed to have given his or her consent to submit to a vehicle search for contraband firearms when requested by a peace officer, as specified. Moreover, the bill would require all driver's licenses and handbooks issued by the Department of Motor Vehicles on or after January 1, 1995, to include a notice of these implied consent provisions. The bill would authorize a county, city, or city and county, by ordinance adopted by a 2/3 vote of the members of the governing body, after being petitioned by a law enforcement agency, as specified, to declare an emergency and authorize nighttime vehicle searches for contraband firearms in vehicles of persons consenting or deemed to have consented to those searches under the bill. The bill would require the ordinance to be specific as to location and duration. The bill would specify that contraband firearms seized pursuant to the bill could be used as evidence, as specified. The bill would provide for the destruction of prohibited weapons. The provisions of this act would remain in effect only until January 1, 1997, as specified. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares that the proliferation of gang violence and drive-by shootings has created a terrible and growing risk to the public safety. This risk is all the more appalling because of the increasing use of easily purchased or stolen weapons which are illegally possessed or transported, including high capacity semiautomatic weapons. Responsible and legitimate government concern requires aggressive and meaningful measures to stem this tide of violence. With a profound understanding of the local nature of this threat and a deep, abiding interest in both the safety and privacy of the individual, the Legislature does hereby enact the 1994 Neighborhood Safety Act. SEC. 2. Article 2 (commencing with Section 2830) is added to Chapter 4 of Division 2 of the Vehicle Code, to read: Article 2. Searches for Contraband Firearms 2830. For purposes of this article "contraband firearm" includes any firearm unlawfully owned, possessed, concealed, loaded, or transported in violation of Title 2 (commencing with Section 12000) of Part 4 of the Penal Code. 2831. (a) Any person who drives a motor vehicle shall be deemed to have impliedly consented to a search of that vehicle for contraband firearms when requested by a peace officer acting pursuant to this article. (b) All driver's licenses issued by the department on or after January 1, 1995, shall include a notice of the implied consent provisions described in subdivision (a). (c) The synopsis or summary of laws regulating the operating of vehicles and the use of the highways, as provided in subdivision (b) of Section 1656, shall include a description of this section. 2832. A law enforcement agency having the primary jurisdiction to arrest for the commission of crimes within a city, county, or city and county, or any individual living within a city or county, may petition the governing body of any city, county, or city and county to declare a firearms emergency condition within that city, county, or city and county. The petition shall include a clear definition of the emergency area, substantial evidence of risk to the public safety, and proof of the concurrence of the county sheriff in the event that the sheriff maintains concurrent jurisdiction over the area and is not the petitioning agency. After notice and public hearing, the local governing body may act upon the petition. Upon finding that the unlawful use of firearms has created a condition of extreme public peril, the governing body of any city, county, or city and county may, by ordinance enacted by two-thirds vote of its members, declare an emergency condition and temporarily authorize peace officers to conduct nighttime vehicle searches for contraband firearms within a clearly defined area which has been posted as a firearms emergency area with signs reasonably designed to give notice to motorists entering the area. Any authorization to search granted under this section shall be specific as to duration and in no instance shall be for more than 90 days. Upon subsequent petition to the city council or the board of supervisors, and a new vote of the governing body, the state of emergency may be renewed for a subsequent 90-day period. In no case, may the state of emergency remain in effect consecutively for more than one year. All administrative vehicle searches for contraband firearms shall be subject to constitutional constraints and shall be permissible only insofar as the gravity of the governmental interest or public concern served by regulating the transport of contraband firearms outweighs the unavoidable intrusion and interference to the individual. 2833. This article shall in no way limit authority for administrative searches for contraband firearms which are conducted as part of a combined regulatory scheme, such as airport, border, or fish and game searches, or searches supported by a valid warrant or probable cause. 2834. This article shall not be construed to grant authorization to conduct any search of a vehicle which qualifies as "inhabited" within the meaning of Section 459 of the Penal Code. 2835. Any firearm seized in conformity with this article may be used as evidence of the violation of any provision of the law in the same manner as a contraband firearm seized incident to enforcement of a lawfully issued warrant. However, this article shall not authorize, unless otherwise permitted by law, the seizure or admissibility of any evidence other than contraband firearms. The searches authorized by this article may be conducted only during the nighttime. For purposes of this article, "nighttime" means the period commencing one-half hour after dusk and ending one-half hour before dawn. 2836. (a) Any firearm seized in conformity with this article shall be surrendered to the sheriff of a county or the chief of police or other head of a municipal police department of any city, county, or city and county or the Commissioner of the California Highway Patrol. (b) If any legal firearm has been stolen and thereafter recovered from the thief or his or her transferee, it shall be restored to the lawful owner, as soon as its use as evidence has been served, upon his or her identification of the firearm and proof of ownership. (c) If a firearm is of the type prohibited pursuant to Chapter 2.3 (commencing with Section 12275 et seq.) of Title 2 of Part 4 of the Penal Code or of any other type that may not be lawfully possessed by the public, or stolen but unable to be restored to the lawful owner pursuant to subdivision (a), the firearm, in the month of July next succeeding, or sooner, if necessary to conserve local resources including space and utilization of personnel who maintain files and security of those weapons, shall be destroyed so that it can no longer be used as a weapon except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention of it is necessary or proper to the ends of justice. (d) No stolen weapon shall be destroyed pursuant to subdivision (c) unless reasonable notice is given to its lawful owner, if his or her identity and address can be reasonably ascertained. 2837. This article shall remain in effect only until January 1, 1997, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1997, deletes or extends that date. SEC. 3. Section 1 of this act shall remain in effect only until January 1, 1997, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1997, deletes or extends that date.