Weapons: possession at State Capitol and legislative buildings.

Existing law makes it a crime for any person, with the exception of peace officers, to bring a loaded firearm into, or possess a loaded firearm within, the State Capitol, as specified. This bill would repeal and recast these provisions and would make it a crime, punishable by imprisonment in a county jail for a period not to exceed one year, a fine not exceeding $1,000, or by both that fine and imprisonment, or by imprisonment in state prison, to bring a loaded firearm into, or possess a loaded firearm within, the State Capitol and any of other specified locations of significance to the conduct of the Legislature and constitutional officers. The bill would also make it a misdemeanor, punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not exceeding $1,000, or by both that fine and imprisonment, to bring or possess specified weapons or ammunition within the State Capitol or in any of other specified locations of significance to the conduct of the Legislature, if the area is posted with a statement providing reasonable notice that prosecution may result from possession of the weapons or ammunition. The weapons restricted by this bill would include any firearm, any deadly weapon, as defined, any knife with a blade length in excess of 4 inches with a fixed blade or capable of being fixed in an unguarded position, any unauthorized tear gas weapon, any stun gun, any instrument that expels a metallic projectile, and any explosive. This bill would exclude from its provisions peace officers, peace officers of another state or the federal government who are carrying out official duties, persons summoned by these peace officers, persons holding a valid license to carry a firearm who have permission from the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a concealed weapon on the premises, and any person who has permission granted from the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a weapon on the premises. Existing law provides that a person convicted of specified misdemeanor crimes who, within 10 years of the conviction, owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a public offense, which shall be punished as specified. This bill would add to this list of specified misdemeanor crimes the offense of possession of a loaded firearm in specified locations of significance to the Legislature or constitutional officers, as described above. Because this bill would change the scope of a crime, it would impose a state-mandated local program. This bill would incorporate additional changes to Section 12021 of the Penal Code, proposed by SB 1062, to be operative only if SB 1062 and this bill are both enacted and become effective on or before January 1, 2011, both bills amend Section 12021 of the Penal Code, and this bill is enacted after SB 1062. 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.