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To: ca-firearms@shell.portal.com
Subject: AB 3789-->Firearms Checkpoints
Date: Mon, 07 Mar 1994 08:54:48 PST
From: John Walker <jwalker@ISI.EDU>
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
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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.

