1 XAVIER BECERRA

Attorney General of California

2 State Bar No. 118517
MARK R. BECKINGTON
3 Supervising Deputy Attorney General
State Bar No. 126009
4 JOHN D. ECHEVERRIA
Deputy Attorney General
5 State Bar No. 268843
300 South Spring Street, Suite 1702
6 Los Angeles, CA 90013
Telephone: (213) 269-6249
7 Fax: (916) 731-2124
E-mail: John.Echeverria@doj.ca.gov
8 Attorneys for Defendant Xavier Becerra, in
his official capacity as Attorney General of
9 the State of California
10 IN THE UNITED STATES DISTRICT COURT
11 FOR THE SOUTHERN DISTRICT OF CALIFORNIA
12
13
14
RUSSELL FOUTS and TAN 19-cv-01662-BEN-JLB
15 MIGUEL TOLENTINO,
DEFENDANT’S INITIAL
16 Plaintiffs, DISCLOSURES
17 v. [Fed. R. Civ. P. 26(a)(1)(A-D)]
18 Judge: Hon. Roger T. Benitez
XAVIER BECERRA, in his official Courtroom: 5A
19 capacity as the Attorney General of Action Filed: August 15, 2019
the State of California,
20
Defendant.
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Defendant’s Initial Disclosures (19-cv-01662-BEN-JLB)
 1 Defendant Xavier Becerra, in his official capacity as Attorney General of the
2 State of California (“Defendant”), hereby submits the following initial disclosures in
3 accordance with Federal Rule of Civil Procedure 26(a)(1). Defendant’s discovery and
4 investigation is in its initial stages and is continuing. Accordingly, in some instances,
5 it is feasible to identify potential witnesses and documents only by reference to
6 categories of such witnesses or documents. Furthermore, some of the documents
7 described may be privileged and not subject to disclosure and/or contain privileged
8 information, including but not limited to materials that are subject to privacy
9 protections, the attorney-client privilege, the investigative privilege, work-product
10 protection, or other protections. In addition, some of these documents may contain
11 confidential information that can only be disclosed subject to a protective order.
12 Defendant reserves the right to amend and supplement these disclosures as provided
13 by the Federal Rules of Civil Procedure. Nothing herein is intended to waive any
14 privilege or alter any substantive rights of Defendant.
15 A. Individuals likely to have discoverable information
(Fed. R. Civ. P. 26(a)(1)(A)(i)):
16
Brian Fichtner, Special Agent Supervisor, California Department of Justice,
17
Advanced Training Center, 11181 Sun Center Dr., Rancho Cordova, CA 95670.
18
To be contacted through counsel for Defendant.
19
Sean Kelley, Special Agent Supervisor, California Department of Justice,
20
Division of Law Enforcement, 2450 Del Paso Rd., Sacramento, CA 95834. To be
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contacted through counsel for Defendant.
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Defendant reserves the right to obtain discovery in support of defenses from
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Plaintiffs and any witnesses identified in Plaintiffs’ Rule 26 disclosures. Defendant
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may also rely on expert witnesses, the identity of whom will be disclosed at a time
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set by the Court.
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Defendant’s Initial Disclosures (19-cv-01662-BEN-JLB)
 1 B. Documents within Defendant’s possession, custody, or control
that Defendant may use to support its claims in this action
2 (Fed. R. Civ. P. 26(a)(1)(A)(ii)):
3 Defendant may use in defense of this action documents relevant to, but not
4 limited to, the following topics: the uses and characteristics of billy clubs or batons;
5 the history of legislation regulating the manufacture, sale, possession, and use of billy
6 clubs or batons; the use of billy clubs or batons in crime; the dangers of civilian
7 possession and use of billy clubs or batons; the importance of training in the safe and
8 effective use of billy clubs or batons; the purported utility and use of billy clubs or
9 batons for civilian self-defense and other lawful purposes; and the use of batons by
10 law enforcement and military personnel.
11 Documents concerning the above-referenced categories are being produced
12 herewith and, for the convenience of the parties, have been Bates-stamped
13 AG000001 – AG000153.
14 Additional documents concerning the above-referenced categories are not yet
15 within Defendant’s possession, custody, or control, and/or are publicly available and
16 equally accessible to Plaintiffs.
17 C. Computation of each category of damages claimed by the
disclosing party (Fed. R. Civ. P. 26(a)(1)(A)(iii)):
18
Not applicable.
19
D. Any insurance agreement at issue (Fed. R. Civ. P.
20 26(a)(1)(A)(iv)):
21 Not applicable.
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Defendant’s Initial Disclosures (19-cv-01662-BEN-JLB)
 1 Dated: November 5, 2019 Respectfully Submitted,
2 XAVIER BECERRA
Attorney General of California
3 MARK R. BECKINGTON
Supervising Deputy Attorney General
4
5
6 /s/ John D. Echeverria
JOHN D. ECHEVERRIA
7 Deputy Attorney General
Attorneys for Defendant Xavier
8 Becerra, in his official capacity as
Attorney General of the State of
9 California
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Defendant’s Initial Disclosures (19-cv-01662-BEN-JLB)
 DECLARATION OF SERVICE BY E-MAIL AND U.S. Mail

Case Name: Fouts, Russell, et al v. Xavier Becerra

Case No.: 19-cv-01662-BEN-JLB

I declare:

I am employed by the Office of the Attorney General, and I am a member of the California State
Bar. I am 18 years of age or older and am not a party to this matter. I am familiar with the
business practice at the Office of the Attorney General for collection and processing of
correspondence for mailing with the United States Postal Service. In accordance with that
practice, correspondence placed in the internal mail collection system at the Office of the
Attorney General is deposited with the United States Postal Service with postage thereon fully
prepaid that same day in the ordinary course of business.

On November 5, 2019, I served the following documents by transmitting true copies via
electronic mail to Plaintiffs’ counsel at the email addresses listed below:

DEFENDANT’S INITIAL DISCLOSURES;

AG000001 – AG000153 (Defendant’s Production 1)

In addition, I placed true copies thereof enclosed in a sealed envelope, in the internal mail system
of the Office of the Attorney General, addressed to Plaintiffs’ counsel as follows:

Alan Alexander Beck

Law Office of Alan Beck
2692 Harcourt Drive
San Diego, CA 92123
Alan.alexander.beck@gmail.com

Stephen D. Stamboulieh
Stamboulieh Law, PLLC
P.O. Box 4008
Madison, MS 39130
stephen@sdslaw.us

I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on November 5, 2019, at Los Angeles,
California.

John D. Echeverria /s/ John D. Echeverria

Declarant Signature
SA2019104813
53876165.docx
 THE

STATUTES OF CALIFORNIA
ANU

AMENDMENTS TO THE CODES

I'ASSFIJ o\T TilT.

FORTY-SECOND SESSION OF THE LEGISLATURE

1917

BEGAN ON MONDAY, JANUARY EIGHTH, AND ENDED ON FRIDAY. APRIL

'I'WJ.:~TY-SI-:VENTH. NINETEEN HUNDRED AND SEVENTEEN

CALII'OBMLl
8TATI: PBINTIMO 01'1'ICJ:
1917

AG000001
I~ Oh. 145.1 FOWl'Y-SEOOND ;:>ESSION. 221
CI-IAPTJ1~B 145 .

.lln act 1·elat-iny to ancl regulating the carrying, possession, sale ~

or other cl·isposii·ion of firearms capable of being concealed
'lipan the pm·son_; prohibd·ing the possess·ion, carrying, man-
·nfcictwr·ing ancl sale of certain other clcmge·rous wectpo·ns
cmcl the giv·ing, tra·nsfe1'l"iny ancl disposition the1·eof to
other persons u.:·ith-in this state; providing fo1· the reg·iste1·ing
of the sa-les of firem···ms; prohibit-ing the carry·i·ng o1· posses-
s·ion of concealed weapons ·in 1n.u.:n·ic1:pal co1·po1·cd·ions; p't'O-
'V-icling fm· the clest?·uction of ce1'tain .c~ange1·ous weapons as
mi-iscinces a11d nwk·i11g it a felony to 'Use o1· attempt to 'l.iSC
cc?'tain clc~rngeTous wec~rpons against anothel'.
[Approved l\Iay 4, 1917. In effect July 27, 1917.]

)The people of the State of Oal·ifon1ia clo enact as follows:

SECTION 1. Bvery person 1vho manufactures or causes to Manufacture,
be manufactured, or leases, or keeps for sale, or offers, or gives, ~~~t;u_~f
or otherwise disposes of any i~strument or weap?n of the kind ~~~~;~sus
commonly kno·wn as a blackJack, slungshot, b1lly, sanclclub, misdemeanor.
sandbag, bludgeon, or metal knuckles, a dirk or dagger, to
any person within this state is guilty of a misdemeanor, and
if he has been previously convicted of a crime made punish-
able by this section, he is guilty of a felony.
SEc. 2. Every person who possesses any instrument or Possess~on
weapon of tl1e 1nnCL . ~ common l y l~nown as a b l ac l:CJaC
. k s l ungs11ot, dangerous
7
'
of certam
billy, sandclnb, sandbag, bludgeon, metal lmuckles, bomb or ~~~g~;~~anor.
bombsheHs, or 1vho carries a dirk or a dagger, is guilty of
·.,
a misdemeanor, and if he has· been convicted previously of
(li any felony or of a crime made punishable by this act, he is
·r. guilty of a felony .
.-Ff SEc. 3. EYery person• • who carrie8 in any city, city and ~arrying
county, to\:Vll or mumCJpa l corporatiOn · of tl11s . state any firearms
without
l)istol ' r(~volver
~ ' or other :A.rrarm
· concealed
~
upon his person li~ense
., misdemeanor
without having a license to carry such firearm as hereinafter ·
provided in section six of this act, shall be guilty of a misde-
meanor, and if he has been convicted previously of any felony,
or of any crime made punishable by this act, he is guilty of a
felony. ·
SEc. 4. rrhe unlmdnl possessin 0' or earryino· of any of Unlawf~Il
• :::- b possesswn
the mstruments, weapons or firearms enumerated in section or weapon,
one to section three inelusive of this act, by any person ~~~~sance.
other than those authorized and empowered to carry or possess
the same as hereinafter provided, 1s a nuisance, and ~mch
instruments, ·weapons or firearms are hereby declared to be
nuisances, and 1vhen any of said articles shall be taken from Surrender
.
th e possessJOn f l . l of weapons,
o any person t 1e same sha11 Je surrendered to etc.
the magistrate before whom said person shall be taken, except
that in any city, city and county, town or other municipal
corporation the same shall be surrendered to the head o.f the

AG000002
 ~'l'A'l'U'l'E:-) OP CALU'()l{NIA. [Ch. 14G. I
1
police force, or police department th<.;l'eof. The officers to
whom the same may lJe so surrendered, except upon certificate
of n judge of a court of record, or of the district attorney of
an~· county that the preservation thereof is- necessary or proper
to the ends of justice, shall proceed at such time or times as
Destmction he deems proper, and at least once in each year to destroy or
of weapons.
ett·. cause to be destroyed such instruments, weapons or other fire-
arms in such manner and to such extent that the same shall
he and become wholly and entirely ineffective and useless for
the purpose for which it was manufactured.
Altenr tL•d SEc. 5. Any person who attempts to use, or who with
u,;e of ·
weapons intent to use the same unlawfully against another, carries or
felony. possesses a dagger, dirk, dangerous knife, razor, stiletto, or
any loaded pistol, revolver or other firearm, or any instrument
or weapon commonly known as a blackjack, slungshot, billy,
sandclub, sandbag, metal knuckles, bomb, or bombshell or any
other dangerous or deadly instrument or weapon, is guilty of
n felony. The carrying or possession of any of the weapons .f
specified in this section, by any person while committing, or
attempting or threatening to commit a felony, or breach of the
pea( e, or any act of violence against the person or property
uf another, shall be presumptive evidence of carrying or pos-
f>t'Ssing such vveapon with intent to use the same in violation
of this section.
License to SEc. 6. It shall be lavvful for the board of police commis-
carry
concealell sioners, chief of police, city marshal, town marshal, or other
fi1·earm. head of the police department of any city, city and county·,
town, or other municipal corporation of this state, upon proof
before said board, chief, marshal or head, that the person
applying therefor is of good moral character, and that good
cause exists for the issuance theTeof, to issue to such. person a
license to carry concealed a pistol, revolver or other fire-
arm; proviclecl) ho1cever, that the application to carry
concealed such firearm shall be filed in writing and shall state
the name and residence of the applicant, the nature of appli-
cant's occupation, the bi1siness address of applicant, the nature
of the vveapon sought to be carried and the reason for the filing
of the application to carry the same.
Register SEC. 7. Every person in the business of selling, leasing or
of s·ales of
firearms.
oth€·rvvise transferring a pistol, revolver or other firearm, of a
size capable of being concealed upon the person, whether such
seller, leasor or transferrer is a retail dealer, pawnbroker or
otherwise, except as hereinafter provided, shall keep a register
in which shall be entered the time of sa1e. the date of sale, the
name of the salesman making the sale, the place vvhere sold,
the make, model, manufacturer's number, caliber or other
marks of identification on such pistol, revolver or other firearm.
Such register shall be prepared by and obtained from the
state printer and shall be furnished by the state prjnter to said
dealers on application at a cost of three dollars per one hun-
dred leaves in duplicate and shall be i.n the form hereinafter
provided. The purchaser of any firearm, capable of being
'
, I

AG000003
~ Ch. 1.45.] I<'OH/l'Y-8EUOND SESSION. 223
I
;

eoncealed upon the person shall sign, and the dealer shall
require him to sign his name and affix his address to said
register in duplicate and the salesman shall affix his signature
in duplicate as a witness to the signatures of the purchaser.
Any person signing a fictitious name or address is guilty of a
misdemeanor. The duplicate sheet of such register shall on Duplicate
.
the evenmg of t h e d ay ot sa l e, b e p Iace d m
n . th e ma1·1 , pos t age sheet
mailed to
prepaid and properly addressed to the board of police com- police.
missioners, chief of police, city marshal, town marshal or other
head of the police department of the city, city and county,
town or other municipal corporation wherein the sale was
made; p1·oviclecl, that where the sale is made in a district where
there is no municipal police department, said duplicate sheet
shall be mailed to the county clerk of the county wherein the
sale is made. A violation of any of the provisions of this sec- v~olation
· by any· person engagecL~ m
tlon · th e busmess· of se ll'mg, 1easmg· nuscleme·mor
' ·
or otherwise transferring such firearms is a misdemeanor.
This section shall not apply to wholesale dealers in their
business intercourse with retail dealers, nor to wholesale or
retail dealers in the regular or ordinary transportation of
unloaded firearms as merchandise by mail, express or other
mode of shipment, to points outside of the city, city and
county, town or municipal corporation wherein they are situ-
ated. The register provided for in this act shall be substan-
tially in the following form :
Series No. ______ Form of
Sheet No. ------ register.
ORIGINAL.

Dealers' Record of Sale of Revolver or PistoL

State of California.
Notice to dealers: This original is for your files. If spoiled
in making out, do not destroy. Keep in books. Fill out in
duplicate.
Carbon duplicate must be maHed on the evening of the day
of sale, to head of police commissioners, chief of police, city
marshal, tO\vn marshal or other head of the police department
of the municipal corporations wl1erein the sale :is made, or to
the county clerk of your county if the sale is made in a district
where there is no municipal police department. Violation of
this law is a misdemeanor. Use carbon paper for duplicate.
Use indelible pencil.
Sold by _;...__________________ Salesman ----------------
City, town or township ----------------------------------
Description of arm (state whether revolver or pistol) _______ _
Maker ------------------ number ________ caliber --------
Name of purchaser ---------------------- age ______ years.
Permanent residence (state name of city, town or township,
street and number of d:welling) --------------------------
Height _____ feet _____ inches. Occupation ______ .:. _______ _
Color _________ skin ________ eyes _________ hair ---------

AG000004
 -"l
STA'l'U'l'ES OF CALIFORNIA. [Ch. 145.

If traveling or in locality temporarily, give local address-----

-------------------------------------------------------
Signature of purchaser ---------------------------------
(~igning a fictitious name or address is a misdemeanor.) (To
be signed in duplicate.)
Witness ---------------------, salesman. l!

( 'ro be signed in duplicate.) Series No. _____ _

Sheet N~L _____ _
DUPLICATE.
DPn1ers' Record of Sale of Revolver or PiHto1. ,:_ .,
State of Cahfornia .
.l\ otice to dealers: This carbon duplicate must be mailed
on the evening of the day of sale- as set forth in the original
of this register page. Violation of this law is a misdemeanor.
Sold by -------------------- Salesman ----------------
City, town or township ----------------------------------
Description of arm (state whether revolver or pistol) --------
Maker ------------------ number ________ caliber _______ _
Name of purchaser ---------------------- age ______ years.
Permanent address (state name of city, town or township,
street and number of dwelling) --------------------------
-------------------------------------------------------
Height _____ feet _____ inches. Occupation ---------------
Color _________ skin ________ eyes _________ hair ---------
If traveling or in locality temporarily, give local address ____ _
-------------------------------------------------------
Signature of purchaser ----------------------------------
(Signing a fictitious name or address is a misdemeanor.) (To
be signed in duplicate.)
Witness ---------------------, salesman.
(To be signed in duplicate.)
Exceptions. SEc. S. Nothing in this act shall be construed to apply to
sheriffs, constables, marshals, policemen or other duly
appointed peace officers, nor to any person summoned by any
such officers to assist in making arrest or preserving the peace
while said person so summoned is actually engaged in assisting
such officer; nor to duly authorized military or civil organiza-
tions while parading nor to the members thereof when going
to and from the places of meeting of their respective organiza-
tions ; nor to the possession or transportation by any merchant
of unloaded firearms as merchandise ; nor to bona fide members
of any club or organization now existing or hereinafter organ-
ized, for the purpose of practicing shooting at targets upon
established target ranges, whether public or private, while
such members are using any of the firearms referred to in
this act upon or in such target ranges, or while going to and
from such ranges.
c~nstitution- SEc. 9. If any section, subsection, sentence, clause or
ahty. phrase of this act is for any reason held to be unconstitutional

AG000005
I
.
.
. l'h. 146.] FORTY-SECOND SESSION .

such decision shall not affect the validity of the remammg

225

portions of this act. The legislature hereby declares that it

would have passed this act and each section, subsection, sen-
tence clause and phrase thereof, irrespective of the fact that
any ~ne or more other sections, subsections, sentences, clauses
or phrases be declared un~onstitutional.

CHAPTER 146.

An act amen cling a-n act entitlecl u An act to pr·ovide for the
incor1Jor·afion and or·ganizcd-ion and nwnagenwnt of co'tmty
water· distn"cts a,ncl to TH'Ovicle for the acq'l&isition of water
1'·ights or· the construction the1·eby of IUC&ter 1um·ks: a·ncZ fm·
the acquisit·ion of a.ll pr·operty nccessar·y the'refor·: and also
to provide for the distrib1.&tion ctncl sale of water by said
clistr··icts/: ap1Jroved J1.&ne 10} 1913: by adding thereto a
new section to be nnntber·ecl twenty-eight, providing for
the exclusion fro·m any co1.mt·y water· district formed 1.mder·
said act of ten··itory ·not servecl by S1lch c01mty water·
distr··ict.
rApproved l\Iay 4, J917. In effect Jnly 27, 1917.]

1'he people of the State of Californic~ clo enact as follows:

SECTION 1. An act approved June 10, 1913, and entitled stats. 1918,
1049
''An act to provide for the incorporation and organization and P- ·
management of county \Yater districts and to provide for the
acquisition of water rights or the construction thereby of water
vvorks, and for the acquisition of all property necessary there-
for, and also to provide for the chstribution and sale of water
by said districts.'' is hereb~r amended by adding to said act a
section numbered tvi;enty-eig·ht reading as follo-vvs:
Sec. 28. Any territory, inclnc1ec1 within any county water Exclusion of
district formed under the provisions of this act, and not territory.
benefited in any manner by such district, or its continued
inclusion therein, may be excluded therefrom bv order of the
board of directo~s of 'such district upon the verified petition of Petition.
the ovvner or o1vners in fee of lands whose assessed value, with
improvements, is in excess of one-half of the assessed value of
all the lands, with improvements, held in private ownership in
such territory. Said petition shall describe the territory contents.
sought to be excluded and shall set forth that such territorv is
!lot benefited in any manner l1y said county water district or
Its continued inclusion therein, and shall pray that such terri-
tory may be excluded and taken from said district. Such
petition shall be :filed ·with the secretary of the water district
and shall be accompanied by a deposit with such secretary of
t~~ sum of one hundred dollars, to meet the expenses of adver-
tlsmg and other costs incident to the proceedings for the
15-3057-!

AG000006
 ASSEMBLY FINAL HISTORY
FORTY-SECOND SESSION
1917

Compiled Cnder the Direction of

B. 0. BOOTHBY
Chief Clerk

HERBERT E. CLELAND FRANK L. ::\IORRIS

H1story Clerk Assistant HiMOr) Clerk

DURATION OF SESSION

First Part-Began Monday, January 8, and Adjourned

Friday, January 26.
Second Part (after constitutional recess)-Began Monday,
February 26, and Adjourned Friday, April 27.
Full Duration of Session 80 Days.

31021

AG000007
 ASSEMBLY FINAL HISTORY. 277.

980-Marks, Jan. 25. To Com. on Jud.

An a<:'t relatmg- to and rt'gulatm:r the carrym~. po~o;e-,swn, sale or other dis-
r•o><It<oo of firt>nrm'> I'Upaule of b,.~eale•l upon th•· pPrson, prolubitm~
the por,~e'>~<on. c.uryiug. umuufaet uring and sale of cel"tam nther dan:rerous
\\'t'll)JOll~ ann the ~i\'in;r tlnn~fPl'I'ID!! and di~JlO«ItiOD tht>l'o>of (I> ot)WI' po>r~om<
'' tthm tin<> Stall', pro' Hhn:r fo1' the rt>~I,..terme: of tht> >~ales of firearms:
JllOilll>itlll;l. the C81'1'\ 11111. 01' IJO'-~'"'NIO!l of CI>UC'I'!I],.d \\ eapon~ m llllllll<'lllUI
<IH"JlOl'ntwn« pro\ <rllll;!: for the d<'«tTn<'twn of C't>rtnin <l.lnc;~ron~ weapons as
nni'-;fillC'(l~ nuc~ tnnk1n;.: it n ft-']On~· tn u~F> ur nrte-Jnpt to u~e t~rtnJn dan~f'tOuc..
wl'aiJOll'> n~.::am«t another.
Jan. 2."i-Rend first time. To Com. on Rev. & Ptg.
Jan. 26--From committeE'. To printer.
Feb !!6--From printer. To committee.
1\Iur. 15---From committPe with recommendation: Do pass as amended.
Mnr. 1£1-RPa!l second time. Amt>nderl. To printer.
l\lar. 17-From printer. To engrossment,
l\lar. 10-Reported correctly engrossed
1\Iar. 20-Rend thirrl time. Amended. To printer.
M:ar. 21-From printer. Tore-engrossment. Reported correctly re-engrossed.
l\far. 22-PassPd, title approved
1\far. 23-To Senate.
:\far. 23-Tn Senate. Referred to Com. on Jud.
Mnr. 28-From commit~ee \'lith recommendation: Do pass.
1\Iar 20--Read second time.
April 8-Read third time. Ameud~d. To printer.
April 4-From printer.
April l'i-AmendPd. To printer.
April R-From printer.
.\prill::t-PmNPd. tit!.' oppro,·ed. 'J'o A~<~Pmhl~·.
April1fl--In A~<sembly. Senate ameniiment~ concur1·ed in. 'l'o enrollment.
Aprill!l--TiepOI ted c01 r<>ctlv enroliE'd To Governor nt 4 p.m.
:\fn~· 4-·.\]1111'0\t>d by novPrllOl'. f'haptPl' 145

!J81-Horbach. Jan. 25. To Com. on Agr.

An act to amend section 2322a of the Political Code, relating to inspection of
fruit trees and eradication of pests.
Jan. 2..'l-Read first time. To printer
Feb. 2fl--From orinter. To committee.
Aprill~From committPe with recommenrlation · Do pass
April14-RParl second timP. To Pngro<>~ment. Reported correctly engrossed.
April1 i-R!'arl lhirrl tiuw. Jl.l~~t'd. t1tle appro\'l'd
AJlril JR-To ~<'natP
Apri11X-Tll SPnate. R~tHl fir~t tim<> Ro>ferred to Com. on Agr.
April20--From committee wit II 1·ecommendntion · Do pno;;<> no;; amended.
April21-Read SPcond time. ArnendPd To printer.
.\pri127-R•·nrl thir<l time. Jln~~pr). ritle nnpro,·ed To Assemhh·
Alll'ii27-In ..\o;;~l-'mhh ('nnl'lll'I'Prl in SPn:tte amendment. 'l'o Pnrollment
. TIPpnrterl l'ul't'P<'tly PnrnliPcl 'fn l1o1 ern or nt 11 n m•
•T\1111' 1-· I'n,•kt'tr•il

!)~2-Horbach, .Jan. 2fi. To Com. on R. & H

An act making appropriation for the location. survey and construction of a
state highwnv from Oak Gro\e, in Tulare County, to the west line of thl'
Sequoia 1\ntional Pnrk. nnd from the east line of Sequoia National Park
h.,. '1\DY of l\Jineral King nnd H6ckett Mentlows, into the Kern River
Canyon. ·
,Jun. 25-Read firqt timP To printer.
Feb 2r-From printPr. To committee.
:\far 16--From committee with recommendation Do pass Re-refen·ed to
Com on W & )J To committee.
Aprii27-From committPI' withnnt l'e('ommendation

983-Argabrite. Jan. :!5. To Com. on Rev. & 'l'ax.

An act to nmend st>ction 4117 of the Political Code, relating to po~session of
public mone~·s
Jan. 21'i-RParl first time. 'l'c printer.
Feb 2r..-From printer. To committee.
..\J)ril2i-From committee without recommendation

AG000008
i\SSEMBLY BILL No~ 980
Wf!'!j!'l'

INTRODUCED BY MR. MARKS,

JANUARY 25, 1917.

REFERRED TO COMMITTEE ON JUDICIARY.

? ·Qi&-+&E¥4ir *S
FS

AN ACT
li.ELATI~G TO AND REGULATING THE CARRYING, POSSESSION, SALE OR
OTHER DISPOSITION OF FITIEARi\IS CAP ADU~ OF BEING CONCEALED UPON
THE PERSON; PROHIBITING THE S~'I.LE TO OTt CARRYING OF CONCEALED
\VE.APONS BY PERSONS U:\DER THE AGE OF EIGHTEEN YEARS; PROHIBIT-
ING THE POSSESSION, CARRYING, J\i.ANUFACTURING AND SALE OF CER-
TAIN OTHER DANGEROUS WE_\.PONS AND THE GiviNG, TRANSFERRING AND
DISPOSITION THEREOF TO OTHER PERSONS \;nTHIN THIS ST.A TE; PRO-
viDING FOR THE REGISTERING OF THE SALES OF FIREARMS; PROHIBITING
THE CARRYING OR POSSESSION OF C02\ CEALED IVEAPONS IN !liUNICIP .AJJ
CORPORATIONS; PROviDING FOR THE DESTRUCTION OF CERT"\IN DANGER-
OUS WEAPONS AS NUISANCES AND !~lAKING rr A FEI.ONY TO USE OR
ATTEMPT TO USE CERTAIN DANGEROUS WEAPONS AGAINST ANOTHER.

The people of tl1 eState of CalifoTnia do enact as follows:

1 SECTION 1. (a) Every person ·who offers, sells, lends,

2 leRses, give:-; or otherwi;.:;e transfers or disposes of an~T gun,
3 revolver, pistol or other firearm of a size c-apable of being con-
4 cealed npon the person, to any person in this state nnder ·
5 the age of eighteen ~~ears is guilty of a misdemeanor.
6 (11) Ever~r person nnder the age of eighteen years who shall
7 h<we. c-arry, or have in hi::::; posses;;;ion any of the artic·les named

AG000009
 <

-2-
or th".<-wrilH"tl in S('dion om~ ( n) of this ad, 1rhit'11 is for1>idden
2 tlwn·in to off('!', selL lom1. le<l~t'. -~·in~ or othenri:-:.;e h<msfer to
;3 him. is <l jnvenile d<>liw1m>.nt.
4: SEc. 2. En"l')T person who mannfndm·Ps or C'<lllS('S to lw
5 mannfactnrecl. or lea;:.;e,-;, or keer>s for sale. or offers. m· g1ve:-:.
G or othenrisr di::;po'ws of nn_'i' instrument or 1rrapon of the kind
7 connnonly known HH <l hlackjaek. ~->lnngshot. hill_\", sancldnh.
8 sandbag. bludgeolJ. or metnl kntu·ld("S to Hll)" person v~·ithin
9 this state is gnilty of <1 mi.':idenw;mm·. and if he ha.s hePn pre-
10 vionsly convic-ted of n tl'illH' made puni~;lu1hle l>y this .'iet~tion.
11 he is guilt~· of a felouy.
12 SEc. :3. Every person 1rho l)usstHses an,v instrument or
13 ·weapon of the kind commonly known as a blackjack, slnngshot,
14 hill)·. sanddnb, sandbag. bludgeon, metal knnddes, homh vr
15 homh'1hells is guilty of a misdemeanor, and if he has been t·on-
16 vided previonsl_,. of an~· felony or of a c·rime made punishable
17 by this ad, he is gnilty of a felony.
18 SEc. 4. EYery person, not a tra vele1·, who possesses or
19 carries in any cit)", city and county, t01vn or municipal COl'po-
20 ration of this state any pistol, reYoh"er, or other firearm
21 concealed upon his per.son, or of a size cnpable of being con-
22 cealed npon his person, \\·ithont having a license to earr~· Anch
23 firearm as hereinafter provided in section seven of this act,
24 shall be guilty of a misdemeanor. and if he has been con-
25 Yidecl previously of <m~· felony, or of any r-rime made punish-
26 ctble by this a·d. he is guilty of a felon)·.
. -~
27 SEC. 5. The unlavdnl possessing or carrymg of any of
28 the im;trmnents, _\Yeapon::-; or firearms enumerHted in Rection.s
29 one (a) to section four indn:-;ive of this aet. h)· any person
·•
30 other than those authorized and empo1n:red to .carry or possess
31 the same as hereinafter provided, is a nnisanee, and ;mdi
32 instrument:=;, weapons or firem·ms are hereby cledHrecl to be
33 nuisances, and when any of said articles shall be taken from
34 the possession of any person the same shall be surrendered to
35 the magistrate before Yrhom said person shall be taken, except
36 that in any city, eit)r and c·ounty, town or other mnnitipal
37 <:orporation the same ~'>hHil he :-:;urre11clend to the bead of the

AG000010
 -3-
1 poli c·e force. or po lil'e d<·p;utnu•n t t lwn~o:E. The offi l'l' rs to
1rhom the snme ma~· lw so snrr<:'ndere(l. except npon f'<:'rtitinltl'
of n jnclgL' of a eourt uf l't'eorcl. or of the c1istrid attorne,\· of
<m~· r:onnt,\· thHt thP p!Y:.:erYHtion therenf 1-" nel·cssnry oe propt'r
to the ent1s of jnstit·c-. shnll pru<·l·ed at .snell tinw or tim!.:'s .as
(! ( he c1Pl'111S proper. uw1 nt ll:'<l'>t OIH P iu end1 YPHl' to cle.c.;trn~· or
.,\.!...
.-,; 'i n111Sl' to lw de:.;h·o,\Tcl sw·h in~.;tr·m1wnts. m·<lpon::> or other fire-
~
arms in s1w11 nwnnPl' <lld to .sn('h extent that the H<:lme shall
I
:J he nn<1 lH-'I·OmP 1rhol1y ;md eutird)· iiwffec·bY<' nnd 1lRL'less for
rl ·
(~'.
10 the pnrposl~
fm· whic·h it 1n1s mnmtfad.lll'C'cl.
·..f 11 SEc. 6. An~· }H'l'-iOll wlw attt'mpts to w:w. m· who 1vith
12 intent to nsl' the :-;mue 1111hndully against another, c·arne:-:: or
13 pos<;ps.ses n c.le1gger. dirk. dangerous knife. razor. still~tto. or
·14 any loaded pi;.;tol. revoh:er or other firearm. or an)· instrument
15 or \Yeapon eommonl.1· known as a blackjack slungshot, billy,
16 E-iancldnb. sandbag. metul knuckles. homb. or bombshell or any
17 otlwr chmgerom; or clradl)· instrument or 1\·eapon. js gnilty of
18 a felon;·. The (·l\iT,I'ing or po::;.se~·sion of <my of the IYeapom>
lD :o;peeifietl in this secticn~ hy an~· person 1d1ile committing. or
20 attempting or threntrning to c-ommit a felon~·. or breac:h of the
21 peace~ or an)· ad of Yiolence <'lgainst the person or property
2S of another, shaH he presnmptiYe evidence of carrying or pos-
se-ssing snch IYeHpon with intent to nse the f:l<:lme in violation
of this Flection.
25 SEc. 7: It shall he lcndnl for the board of police connms-
2G sion<.:Ts, thief of polie.<:'. c·ity marslui.l, to1n1 marshal, or other
hP<H.l of tlw police departnwnt of auy city, city and county,
to\\·n. or othel' municipal corporRtion of this state, upon proof
2(',, Jwfore said lloard. chief, mRrshal or head, that the person
3 ['•-' <1pp1ying therefor is of good moral charRcter, and that good
31 canse Pxi:-;ts for the issuance thereof, to issue to such person a
lief.mse to h(1Ye and carr~· concealed a pi::>tol, revolver or other
3:3 iin,<Hm; })}'tJL'idcrl, lwzcn·N, that no such license shall lJe issued
3:.!: to an;y' person under the Rge of eighteen yearF>; ancl proviclecl_,
85 /urtlu'J', that the apphcation to haYe and carry concealed such
S:~ firearm shall be :fHecl in \\Titing and shall state the name and

AG000011
 -4-
l residL'nCc' of the i:!pplicant, the nature of applicant's occnpa-
2 tion. the business at1c1rc::;s of <:lpplieant, the nature of the
8 \H·apon sought to he eaniecl and the reason for the filing of
4 the application to carry the same.
5 SEc. S. Every per;:;on in the lmsiness of selling, leasing or
6 othen1·ise transferring a pistoL revolver or other firearm, of a
7 si;;:e capable o E being concealed upon the person, whether such
8 seller. lea11or or tnmsferrer is a retail dealer, pa "·nbroker or
1
0 otlll'l'\Yise, except as hereinufter provided, Rhall keep a register
lO in 11·hich shall he c>nterec1 the time of sale, the date of sale, the
11 name of the salesman making the salt:, the place where sold,
;.2 the make, model, manufacturer's number, caliber or other
13 marks of identification on such pistol, revolvt.:r or other firearm.
14 Snc:h regi~ter shall lJe prepared by and obtained from the
15 state printer and shall be furnished hy the state printer to said
16
- 1
dealers on app.tication at a cost of three dollars per one hnn-
17 dred leaves in duplicate and shall be in the form herc:inafter ...
18 provided. The purchaser of any firearm, capable of being
19 concealed upon the person shall sign, and the dealer shall
20 rerrujre him to sign his name and affix his address to said
21 register in duplicate nnd the salesman shall affix his signature
22 . in duplicate as a witness to the signatures of the purchaser.
23 Any person signing a fictitio-LlS name or address is guilty of a
24 misdemeanor. The duplicate sheet of such register shall on
25 the e·vening of the cby of sale, 1Je placed in the mail, postage
26 prepaid and properly addressed to the board of police com-
27 m1ssioner,s, chief of poJice, city marshal, town marshal or other
28 bead of the police department of the city, city and county,·
29 to1Yn or other mt.micipal corporabon 1vherein the sale was
30 made: pl'Ot'irlcd_, tbat 1rhere the sale is nwde in a district where
31 there is no mnuicipa l poliec department, said duplicate sheet
:32 shall lK~ mailed to the enunty clerk of the county wherein the
33 se1lP is made. A Yiohtion of mw of the· provisions of this sec-
34 tion l)y <-111,1' pel'son engagr<l in the business of selling, leasing
35 or otherwise transferring such firearms is a misdemeanor.
36 This secbon does not apply to wholesale dealers. The register

AG000012
 -5-
1 provided for in this act shall be substantially in the following
2 form:
3 Series No. _____ _
Sheet No. _____ _
5 ORIGINAL.
6 Dealers' Record of Sale of Revolver or Pistol. State of
7 California.
8 Notice to dealers: This original is for your files. If spoiled
9 in making out, do not destroy. Keep in books. Fill out in
10 duplicate.
11 Carbon duplicate must be mailed on the evening of the clay
12 of sale, to head of police commissioners, chief of police, city
13 marshal, to-v-rn marshal or other head of the police department
14 of the municipal corporations vvherein the sale is made, or to
• --:1 15 the county clerk of your county if the sale is made in a district
I 16 1vhere there is no municipal police department. Violation of
17 this law is a misdemeanor. Use carbon paper for duplicate.
18 Use indelible pencil.
19 Sold by -------------------- Salesman ----------------
20 City, town or township ----------------------------------
21 Description of arm (state -vvhether revolver or pistol) _______ _
22 li'Iaker ------------------ number ________ caliber _______ _
23 Name of purchaser ---------------------- age ______ years.
24 Permanent residence (state name of city, to';'iiJJ. or township,
25 street and number of dwelling) --------------------------
26 Height _____ feet _____ inches. Occupation ______________ _
27 Color _________ skin ________ eyes _________ hair ________ _
28 If traveling or in locality temporarily, give local address ____ _
.- 29
t1
I

30 Signature of purchaser ---------------------------------

:n (Signing a fictitious name or address is a misdemeanor.) (To
be signed in duplicate.)
33 Witness ---------------------, salesman.
34 (To be signed in duplicate.)

AG000013
 -6-
Series No, _____ _
1
2
Sheet No. _____ _
DUPLICATE.
3
4 Dealers' Recor<.l of Sale of Revolver or Pistol. State of
5 California.
6 Notice to dealers: rrhis carbon duplicate must be mailed
7 on the evening of the day of sale as set forth in the original
8 of this register page. Violation of this lavv is a misdemeanor.
&
1
9 Sold by -------------------- Salesman ---------.------- l .
~ UL 1-
10 City, to-vvn or township ---------------------------------- f§J·
11 Description of arm (state whether revolver or pistol) -------- ' -~ •'

.j
12 Maker ------------------ number ________ caliber _______ _ J
13 Name of purchaser ______________________ age ------ years.
14 Permanent address (state name of city, tovm or township,
15 street and number of dwelling) --------------------------
16 -------------------------------------------------------
17 Height----- feet _____ inches. Occupation ______________ _
18 Color --------- skin ________ e~"es _________ hair ________ _
19 If traveling or in locality temporarily, give local address ____ _
2G -------------------------------------------------------
~1 Signature of purchaser ----------------------------------
22 (Signing a :fictitious name or address is a misdemeanor.) (To
23 be signed in duplicate.)
24 Witness ---------------------, salesman.
25 (To be signed in duplicate.)
26 SEc. 9. Nothing in this act shall be construed to apply to
27 sheriffs, constables, marshals, policemen or other duly
28 appointed peace officers, nor to any person summoned by any
29 such officers to assist in making arrest or preserving the peace
30 while said person so summoned is actually engaged in assisting
31 such officer; nor to duly authorized military or civil Ol'ganiza-
32 tions while parading nor to the memlJers thereof ·when going
33 to and from the places of meeting of their respective organiza-
34 tions; nor to the possession or transportation by any merchant
35 of unloaded :firearms as merchandise ; nor to bona :fide members
36 of any club or organization now existing or hereinafter organ-
37 ized, for the purpose of practicing shooting at targets upon

AG000014
I
1; J'
... J. -7-
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1 established target ranges, whether public or private, while
2 such members are using any of the firearms referred to in
3 thi~ act upon or in such target ranges.

4 SEa. 10. If any section, subsection, sentence, clause or

5 phrase of this act is for any reason held to be unconstitutional
"'t,. 6 such decision shall not affect the validity of the remaining
~~.~ 7 portions of th]s act. The legislature hereby declares that it
~~
r.l
8 would have passed this act and each section, subsection, sen-
l 9 tence, clause and phrase thereof, irrespective of the fact that
f 1]
~i' i 10 any one or more other sections, subsections, sentences, clauses
~- '-' 11 or phrases he declared unconstih~tiona1.

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AG000015
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AMENDED IN ASSEMBLY MARCH 16 7 1917.

ASSEMBLY BILL No. 980

INTRODUCED BY MR. MARKS,

JANUARY 25, 1917.

REFERRED TO CO]riJHITTEE ON JUDICIARY.

AN ACT
RELATING TO AND REGULATING THE CARRYING, POSSESSION, SALE OR
OTHER DISPOSITION OF FIREARMS CAP ABLE OF BEING CONCEALED UPON
THE PERSON; PROHIBITING THE SALE TO OR CARRYING OF CONCEALED
WEAPONS BY PERSONS UNDER THE AGE OF EIGHTEEN YEARS; PROHIBIT-
ING THE POSSESSION 7 CARRYING, MANUFACTURING AND SALE OF CER-
TAIN OTHER DANGEROUS WEAPONS AND THE GIVING, TRANSFERRING AND
DISPOSITION THEREOF TO OTHER PERSONS WITHIN THIS STATE ; PRO-
. VIDING FOR THE REGISTERING OF THE SALES OF FIREARMS; PROHIBITING
THE CARRYING OR POSSESSION OF CONCEALED WEAPONS IN MUNICIPAL
CORPORATIONS; PROVIDING FOR THE DESTRUCTION OF CERTAIN DANGER-
OUS WEAPONS AS NUISANCES AN'D MAKING IT A FELONY TO USE OR
ATTEMPT TO USE CERTAIN DANGEROUS WEAPONS AGAINST ANOTHER.

The people of the State of Califon1ia do enact as follows:

1 SECTION 1. (a) Every person who offers, sells 7 lends,

2 .leases, gives or otherwise transfers or disposes of any [ ]
3 revolver, pistol or other firearm of a size capable of being con-
r."
~ 4 cealed upon the person, to any person in this state under
·~
il
r
(; 5 the age of eighteen years is guilty of a misdemeanor.
""-f":>.:r 6 (b) Every person under the age of eighteen years who shall
•. ~ '..
l
~ 7 have, carry, or have in his possession any of the articles named
f
B

1
AG000016
 'I~
~ ~~.~,.·~.'
'

-2-
i or described in section one (a) of this act, which is forbidden
2 therein to offer, sell, loan, lease, give or otherwise transfer to
J him, is a juvenile delinquent.
4 SEc. 2. Every person 1vho manufactures or causes to be
5 manufactured, or leases, or keeps for sale, or offers, or gives,
-ft...''!""'

6 or otherwise disposes of any instrument or weapon of the kind I.·

7 commonly known as a blackjack, slungshot, billy, sandclub, .~~·

8 sandbag, bludgeon, or metal knuckles[, a dirk or dagger,] to
9 any person vvithin this st~te is guilty of a misdemeanor, and
10 if he has been previously convicted of a crime made punish-
11 able by this section, he is guilty of a felony.
12 SEc. 3. Every person who possesses any instrmnent or
13 1veapon of the kind commonly known as a blackjack, slungshot,
14 billy, sandclub, sandbag, bludgeon, metal knuckles, bomb ur
15 bombshells [, or vvho carries a dirk or a dagger,] is guilty
16 of a misdemeanor, and if he has been convicted previously of ....... 1 1'

.,./I
17 any felony or of a crime made punishable by this act, he is
\.
18 guilty of a felony.
19 SEc. -1. [Every person \dlO] carrres m any city, city and
20 count.}·, to1vn or municipal corporation of this state any pistol,
21 revolver, or other firearm concealed upon his person, or of a
22 size capable of being concealed upon his person, vvithout
23 having a license to carry such firearm as hereinafter provided
24 in section seven of this act, shall be guilty of a misdemeanor,
25 and if he has been convicted previously of any felony, or of
26 any crime inade punishable by this act, he is guilty of a felony.
27 SEc. 5. The unlawful P.ossessing or carrying of any of
28 the instruments, weapons or firearms enumerated in sections
29 one (a) to section four inclusive of this act, by any person
30 other than those authorized and empowered to carry or possess
31 the same as hereinafter provided, is a nuisance, and Ruch
32 instruments, weapons or firearms are hereby declared to be
33 nuisances, and vi-hen any of said articles shall be taken from
34: the possession of any person the same shall be surrendered to
35 the magistrate before whom said person shall be taken, except
36 that ·in any city, city and county, town or other municipal
37 corporation
f - . -
the. same shall be surrendeTec1 to tbe head of the ·

AG000017
 -3-

1 police force, or police department thereof. The officer::; to

2 whom the same may be so surrendered, except upon certificate
of a judge of a court of record, or of the district attorney of
a~r county that the preservation thereof is necessary or proper

5 to the ends of justice, shall proceed at such time or times as

·._1 6 he deems proper, and at lem;t once in each year to destroy or
Ml
~~$· 7 cause to be destroyed such instruments, weapons or other fir~-
8 arms in such manner and to such extent that the same shall
1Ll I. 9 be and become wholly and entirely ineffective and useless for
~l·
~·
'At I 10 the purpose for which it was manufactured.
11 SEc. 6. Any person who attempts to use, or who \vith
12 intent to use the same unlawfully against another, carries or
13 possesses a dagger, dirk, dangerous knife, razor, stiletto, or
14 any loa.ded pistol, revolver or other firearm, or any instrument
15 or weapon commonly known as a blackjack, slungshot, billy,
,.
' 16 sandclub, sandbag, metal knuckles, bomb, or bombshell or any
17 other dangerous or deadly instrument or \oVeapon, is guilty of
18 a felony. The carrying or posses.sion of any of the weapons
19 specified in this section,
.
by any person -while committing, .
or
20 attempting or threatening to commit a felony, or breach of the
21 peace, or any act of violence against the person or property
22 of another, shall be presumptive evidence of carrying or pos-
23 sessing such weapon \vith intent to use the same in violation
24 of this section.
25 SEc. 7. It shall be lawful for the board of police c<;nnmis-
26 sioners, chief of police, city marshal, town marshal, or other
27 head of the police department of any city, city and county,
28 town, or other municipal corporation of this state, upon proof
29 before said board, chief, marshal or head, that the person
30 applying therefor is of good moral character, and that good
31 cause exists for the issuance thereof, to issue to such person a
32 license to [ ] carry concealed a pistol, revolver or other fire-
~3 arm; l'Jroviclecl, howe·ver, that no such license shall be issued
~4 to any person un&-;r the age of eighteen years; and p'rovided,
35 {1.wthe1', that the application to [ ] carry concealed such
36 firearm shall be filed in writing and shall state the mi.me and

AG000018
 -4-
l!
l

-" .

1 residence of the applicant, the nature of applicant's occupa-

2 tion, the business addre.ss of applicant, the nature of the
3 weapon sought to be carried and the reason for the filing of
4 the application to carry the same.
5 SEc. 8. Every person in the business of selling, leasing or
6 otherwise transferring a pistol, revolver or other firearm, of a
7 size capable of being concealed upon the person, whether such
8 seller, leasor or transferrer is a retail dealer, pawnbroker or
9 otherwise, except as hereinafter provided, shall keep a register
10 in which shall be entered the time of sale, the date of sale, the
11 name of the salesman making the sale, the place where sold,
12 · ["A.J!.r"-
the make,
~ e'• ... ,. --·-
model,
--
manufacturer's number, caliber-·- or
- . . --- .....
other
of
13 mai·ks i'dentification on Sl1Ch pistol, revolver or other firearm.
14 Such register shall be prepared by and obtained from the
15 state printer and shall be furnished by the state printer to said
16 dealers on application at a cost of three dollars per one hun- 1>•1/1
f,'

17 dred leaves in duplicate and shall be in the form hereinafter

18 provided. The purchaser of any firearm, capable of being
1,9 concealed upon the person shall sign, and the dealer shall
20 · require him to sign his name and affix his address to said
21 register in duplicate and the salesman shall affix his signature
22 in duplicate as a witness to the signatures of the purchaser.
23 Any person signing a fictitious name or address is guilty of a
24 misdemeanor. The duplicate sheet of such register shall on
25 the evening of the day of sale, be placed in the mail, postage
26 prepaid and properly addressed to the board of police com-
27 missioners, chief of police, city marshal, town marshal or other
28 head of the police department of the city, city and county,
29 town or other municipal corporation wherein the sale was
30 made; provided, that where the sale is made in a district where
31 there is no municipal police department, said duplicate sheet
32 shall be mailed to the county clerk of the county wherein the
33 sale is made. A :violation of any of the provisions of this sec-
34 tion by -any person engaged in the business of selling, leasing
35 or otherwise transferring such firearms is a misdemeanor.
36 · [Th~s seifiion shall not apply to wholesale dealers in their busi-
37 ness intercourse with a retail dealer, nor to wholesale or retail

AG000019
 I
.t -5-
l dealer m the regular or ord:inary transportation of unloaded
2 firearms as merchandise by mail, express or other mode of ship-
I
3 ment, to points outside of the city, city and county, to·wn or
·I
4 municipal corporation wherein they are situated.] The register
~I. 5 provided for in this act shall be substantially in the following

I
~,.:
£
7
form:
Series No. _____ _

,.I .S
9 ORIGINAL.
Sheet No. ------

t !
10 Dealers' Record of Sale of Revolver or Pistol. State of
11 California.
12 Notice to dealers : This original is for your files. If spoiled
13 in making out, do not destroy. Keep in books. Fill out in
14 duplicate.
15 Carbon duplicate must be mailed on the evening of the day
16 of sale, to head of police commissioners, chief of police, city
,:r 17
18
marshal, town marshal or other head of the police department
of the municipal corporations wherein the sale is made, or to
19 the county clerk of your county if the sale is made in a district
i~~
20 where there is no municipal police department. Violation of
21 this law is a misdemeanor. Use carbon paper for duplicate.
22 Use indelible pencil.
23 Sold by -------------------- Salesman ----------------
24 City, town or township ----------------------------------
25 Description of arm (state whether revolver or pistol) --------
26 :Maker ------------------ number -------- caliber --------
27 Name of purchaser ---------------------- age ______ years.
28 ·Permanent residence (state name of city, town or township,
29 street and number of dwelling) --------------------------
30 Height _____
\
feet _____ inches. .Occupation ---------------
31 Color --------- skin -------- eyes --------- hair ---------
32 If traveling or in locality temporarily, give local address ____ _
33 -------------------------------------------------------
34 Signature of purchaser ---------------------------------

AG000020
 -6- -"' ' '

1 (Signing a fictitious name or address is a misdemeanor.) (To

2 be signed in duplicate.)
3 Witness -'--------------------, salesman.
4 (To be signed in duplicate.)
5 Series N•. -------
6 Sheet N•. _____ _
7 DUPLICATE.
8 Dealers' Record of Sale of Revolver or PistoL State of
9 California.
10 Notice to dealers: This carbon duplicate must be J;nailed
11 on the evening of the day of sale as set forth in the original
12 of this register page. Violation of this law is a misdemeanor.
13 Sold by -------------------- Salesman _______________ _
1-! City, town or township ----------------------------------
15 Description of arm (state whether revolver er pistol) _______ _
16 Maker ------------------ number ________ caliber _______ _
17 Name of purchaser ---------------------- age ______ years.
18 Permanent address (state name o.f city, town or township 7
19 street and number of dwelling) --------------------------
20
21 Height _____ feet _____ inches. Occupation ---------------
22
23
Color _________ skin ________ eyes --------- hair ---------
If traveling or in locality temporarily, give local address ____ _
I
24
25 Signature of purchaser ----------------------------------
26 (Signing a fictitious name or address is a misdemeanor.) (To
27 be signed in duplicate.)
28 Witness ---------------------, salesman.
29 (To be signed in duplicate.)
30 SEc. 9. Nothing in this act shall be construed to apply to
31 sheriffs, ·~onstables, marshals, policemen or other duly
32 appointed peace officers, nor to any person summoned by any
33 such officers to assist in making arrest or preserving the peace
34 while said person so summoned is actually engaged in assisting
35 such officer; nor to duly authorized military or civil organiza-
36 tions while parading nor to the members thereof ·when going

AG000021
 1
7. /.

J -7-
1 to and from the places of meeting of their respective organiza-
2 tions; nor to the possession or transportation by any merchant
3 of unloaded firearms as merchandise; nor to bona fide members
4 of any club or organization now existing or hereinafter organ-
5 ized, for the purpose of practicing shooting at targets upon
6 established target ranges, whether public or private, while
7 sueh members are using any of the firearms referred to in
8 this act upon or in such target ranges.
9 SEc. 10. If any section, subsection, sentence, clause or
10 phrase of this act is for any reason held to be unconstitutional
... t. 11 such decision shall not affect the validity of the remaining
12 portions of thjs act. The legislature hereby declares that it
13 would have passed this act and each section, subsection, sen-
14 tenc:e, clause and phrase thereof, irrespective of the fact that
15 any one or more other sections, subsections, sentences, clauses
16 or phrases be declared unconstitutional.

·0

AG000022
JL
A:!\IERDED IN .ASSEMBLY :1IAROH 20, 1917.

AMENDED IN ASSE:lliBLY :JIAROH 16, 1917.

ASSEMBLY BILL No. 980

INTRODUCED BY MR. MARKS,

J.ANU.ARY 25, 1917.

REFERRED TO COMMITTEE ON JUDICIARY.

AN ACT
RELATING TO .AND REGULATING THE CARRYING, POSSESSION, SALE OR.
OTHER DISPOSITION OF FIREARMS CAP.ABLE OF BEING CONCEALED UPON
THE PERSON; PROHIBITING THE SALE TO OR CARRYING OF· CONCEALED
WEAPONS BY PERSONS UNDER THE .AGE OF EIGHTEEN YEARS; PROHIBIT-
ING THE POSSESSION, CARRYING, 1riANUFACTURING AND SALE OF CER-
TAIN OTHER DANGEROUS WEAPONS AND THE GIVING, TRANSFERRING AND
DISPOSITION THEREOF TO OTHER PERSONS WITHIN THIS STATE; PRO-
VIDING FOR THE REGISTERING OF THE SALES OF FIREARl\fS; PROHIBITING
THE CARRYING OR POSSESSION OF CONCEALED WEAPONS IN MUNICIP AJ
CORPORATIONS; PROVIDING FOR THE DESTRUCTION OF CERTAIN DANGER-
OUS WEAPONS AS NUISANCES .AND 1riAKING IT A FELONY TO USE OR
ATTEMPT TO USE CERTAIN DANGEROUS WEAPONS AGAINST ANOTHER.

The people of the State of California do enact as follows:

I

1 SECTION J.. (a) Every person ·who offers, sells, lends~

2 leases, gives or otherwise transfers or disposes of any revolver,
3 pistol or other firearm of a size capable of being concealed
4 upon the person: to any person in this state under the age of
5 eighteen years is guilty of a misdemeanor.

AG000023
 -2-
I (b) Every person under the age of eighteen years who shall
2 have, carry, or have in his possession any of the articles named
3 or described in section one (a) of this act, which is forbidden
4 therein to offer, sell, loan, lease, give or otherwise transfer to
5 him, is a juvenile delinquent. r
6 SEc. 2. Every person who manufactures or causes to be
7 manufactured, or leases, or keeps for sale, or offers, or gives, t
8 or otherwise disposes of any instrument or weapon of the kind
I
'~
9 commonly known as a blackjack, slungshot, billy, sandclub,
10 sandbag, bludgeon, or metal knuckles, a dirk or dagger, to
11 any person ·v6thin this state is guilty of a misdemeanor, and
12 if he has been previously convicted of a crime made punish-
13 able by this section, he is guilty of a felony.
14 SEc. 3. Every person who possesses any instrument or
15 1veapon of the kind commonly known as a blackjack, slungshot,
16
,.
billy, sahdclub, sandbag, bludgeon, metal knuckles, bomb or '
I

17 bombshells, or v-rho carries a dirk or a dagger, is guilty of I

dl
18 a misdemeanor, and if he has been convicted previol.1sly of
19 any felony or of a crime made punishable by this act, he is
20 guilty of a felony.
21 SEc. 4. E'very person -v\"110 carr1es m any city, city and
22 county, town or municipal corporation of this state any pistol,
23 revolver, or other firearm concealed upon his person, [ ]
24 without having a license to carry such firearm as hereinafter
25 provided in section seven of this act, shall be guilty of a misde-
26 meanor and if he has been convicted previously of any felony,
27 or of any crime made punishable by this act, he is guilty of a {
28 .;}
felony.
29 SEc. 5. The unlawful possessing or carrying of any of
I
30
31
the instruments, weapons or firearms enumerated in sections
one (a) to section four inclusive of this act, by any person
l
:>1
I
32 othc1r than those authorized and empo1vered to carry or possess I
33 !
the same as hereinafter provided, is a nuisance, and ;;;uch
34 instruments, weapons or firearms are hereby declared to be -; ,.
35 nuisances, and when any of said articles shall be taken from
36 the possession of any person the same shall be surrendered to b
. I

37 the magistrate before whom said person shall be taken~ except

r

AG000024
t
11
f·~
-3
r
:\, 1 that in any city, city and county, tosrn or other municipal
2 eorporation the same shall be surrendered to the head of the
3 police force, or police department thereof. The officers to
4 ·whom the same may be so surrendered, except upon certificate

1 5 of a judge of a court of record: or of the district attorney of

6 any county that the preservation thereof is necessary or proper
7 to the ends of justice, shall proceed at such time or times as
8 he deems proper, and at least once in each year to destroy ·or
9 eause to be destroyed such instruments, weapons or other fire-
10 arms in such manner and to such extent that the same shall
...I' 11 be and become 1-vholly and entirely ineffective and useless for
12 the purpose for which it was manufactured.
13 SEC. 6. Any person who attempts to use: or who \vith
14 intent to use the same unla\vfully against another, carries or
15 possesses a dagger, dirk, dangerous knife, razor: stiletto, or
16 any loaded pistol, revolver or other firearm, or any instrument
17 or weapon commonly known as a blackjack, slungshot, billy,
18 sandclub, sandbag, metal knuckles, bomb, or bombshell or any
19 other dangerous or deadly instrument or weapon, i~ guilty of
I

t !
20 a felony. The carrying or possession of any of the weapons
21 specified in this section, by any person while committing, or
\1.
I
I 22 attempting or threatening to commit a felony, or breach of the
23 peace, or any act of violence against the person or property
24 of another, shall be presumptive evidence of carrying or pos-
I 25 sessing such weapon 1-vith intent to use the same in violation
l.
·-~·
~·
26 of this section.
27 SEc. 7. It shall be lawful for the board of police cgmmis-
28 sioners, chief of police, city marshal, town marshal, or other
29 head of the police department of any city, city and county,
I
·r I
30 town, or other municipal corporation of this state, upon proof
...
31 before said board, chief, marshal or head, that the person
}!
I 32 applying therefor is of good moral character, and that good
33 cause exists for the issuance thereof, to issue to such person a
I!
34 ·license to carry concealed a pistol, revolver or other fire-
I' 35 arm; pro·viclecl, ho-wever, that no such license shall be issue~
-.. '
36 to any person under the age of eighteen years; and provided,

AG000025
 -
--4-
furth N, that the application to carry concealed such fire-
2 arm shall be filed in writing and shall state the name and
residence of the applicant, the nature of applicant's occupa-
tion, the business addre;:;s of applicant, the nature of the
5 iveapon sought to be carried and the reason for the filing of
6 the application to carry the same.
7 SEc. 8. Every person in the business of selling, leasing or
8 otherwise transferring a pistol, revolver or other firearm, of a .
9 size capable of being concealed upon the person, whether such
10 seller, leasor or transferrer is a retail dealer, pawnbroker or
11 otherwise, except as hereinafter provided, shall keep a register
12 in which shall be entered the time of sale, the date of sale, the
13 name of the salesman making the sale, the place where sold,
14 the make, model, manufacturer's number, caliber or other
15 marks of identification on such pistol, revolver or other firearm.
16 Such register shall be prepared by and obtained from the
17 state printer and shall be furnished by the state printer to said
18 dealers on application at a cost of three dollars per one hun-
19 dred leaves in duplicate and shall be in the form hereinafter
20 provided. The purchaser of any firearm, capable of being
21 concealed up_on the person shall sign, and the dealer shall
22 require him to sign his name and affix his address to said
23 regjster in duplicate and the salesman shall affix his signature
24 in duplicate as a witness to the signatures of the purchaser.
25 Any person signing a fictitious name or address is guilty of a
26 misdemeanor. The duplicate sheet of such register shall on
27 the evening of the day of sale, be placed in the mail, postage
28 prepaid and properly addressed to the board of police com-
29 missioners, chief of police, city marshal, town marshal or other
30 head of the police department of the city, city and county,
31 tOIYn or other municipal corporation wherein the sale was
32 made; proviclecl, that where the sale is made in a district where
33 there is no municipal police department, said duplicate sheet
34 shall be mailed to the county clerk of the county wherein the
35 sale is made. A violation of any of the provisions of this sec-
36 hon by any person engaged in the business of selling, leasing
37 or otherwise transferring such firearms is a misdemeanor. j

AG000026
 -5-
1 This section. shall not apply to wholesale dealers in their busi-
2 ness intercourse -vvith [retail dealers], nor to wholesale or
3 retail [dealers] in the regular or ordinary transportation of
4 unloaded :firearms as merchandise by mail, express or other
5 mode of shipment, to points outside of the city, city and
r 6 county, town. or municipal corporation -vvherein they are situ-

l 7
8
9
atecl. The register provided for in this act shall be snbstau-
tially in the following form :
Series No. _____ _
I 10 Sheet No. _____ _
(

( 11 ORIGINAL.
12 Dealers' Record of Sale of Revolver or Pistol. State of
13 California.
14 Notice to dealers: This original is for your :files. If spoiled
15 in making out, do not destroy. Keep in. books. Fill out in
16 duplicate.
17 Carbon duplicate must be mailed on. the evening of the day
18 of sale, to head of police commissioners, chief of police, city
19 marshal, town marshal or other head of the police department
20 of the municipal corporations wherein the sale is made, or to
21 the county clerk of your county if the sale is made in a district
22 where there is no municipal police department. Violation of
23 this law is a misdemeanor. Use carbon paper for duplicate.
24 Use indelible pencil.
25 Sold by -------------------- Salesman ----------------
26 City, town or township _:.... _______________________________ _
27 Description of arm (state whether revolver or pistol) _______ _
28 Maker ------------------ number -------- caliber --------
29 Name of purchaser ---------------------- age ______ years.
30 Permanent residence (state name of city, town or township,
31 street and number of dwelling) --------------------------
32 Height _____ feet _____ inches. Occupation ---------------
33 Color --------- skin ________ eyes _________ hair ---------
34 If traveling or in locality temporarily, give local address ____ _

.. '
35 -------------------------------------------------------
33 Signature of purchaser ---------------------------------

AG000027
 {
I
-6-

1 (Signing a fictitious name or address is a misdemeanor.) (To

2 be signed in duplicate.)
a Witness __ :. _ __________________ , salesman.
4 (To be signed in duplicate.)
5 Series No. __ . :. __ _
6 Sheet No. _____ _
7
8
DUPLICATE.
Dealers' Record of Sale of Revolver or Pistol. State of I
9
10
California.
Notice to dealers: This carbon duplicate must be mailed
l
11 on the ·evening of the day of sale as set forth in the original
12 of this register page. Violation of this law is a misdemeanor.
13 Sold by -------------------- Salesman ----------------
14 City, town or township ----=----~--------------------------
15 Description of arm (state whether revolver or pistol) --------
16 Maker ------------------ number -------- caliber --------
17 . Name of purchaser ---------------------- age ______ years.
f
18 Permanent address (state name of city, town or township,
19 street and number of dwelling) --------------------------
r it

20
21 Height _____ feet _____ inches. Occupation ---------------
" ..
22 Color --------- skin -------- eyes --------- hair --------- i

23 If traveling or in locality temporarily, give local address ____ _

24
25 Signature of purchaser ----------------------------------
26 (Signing a fictitious name or address is a misdemeanor.) (To
27 be signed in duplicate.)
28 Witness ---------------------, salesman.
29 (To be signed in duplicate.)
30 SEc. 9. Nothing in this act shall be construed to apply to
31 sheriffs, constables, marshals, policemen or other duly
32 appointed peace officers, nor to any person summoned by any
33 such officers to assist in making arrest or preserving the peace
34 while said person so summoned is actually engaged in assisting
35 such officer; nor to duly authorized military or civil organiza-
...., i ..

36 tions while parading nor to the members thereof when going

'
"'

AG000028
 -7-
1 to and from the places of meeting of their respective organiza-
2 tions ; nor to the possession or transportation by any merchant
3 of unloaded firearms as merchandise ; nor to bona fide members
4 of any club or organization now existing or hereinafter organ-
( 5 ized, for the purpose of practicing shooting at targets upon
6 established target ranges, whether public or private, while
r 7 such members are using any of the firearms referred to m

l
t'
8
9
this act upon or in such target ranges.
SEc. 10. If any section, subsection, sentence, clause or
10 phrase of this act is for any reason held to be unconstitutional
11 such decision shall not affect the validity. of the remaining
12 portions of this act. The legislature hereby declares that it
13 would have passed this act and each section, subsection, sen-
14 tence, clause and phrase thereof, irrespective of the fact that
15 any one or more other sections, subsections, sentences, clauses
r'
16 or phrases be declared unconstitutional.

;;
I

-l -

..
r'

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I
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I

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AG000029
 AMENDED IN SENATE APRIL 3, 1917.
AMENDED IN ASSEJYIBLY MARCH 20, 1917.
Al\fENDED IN A.SSEl\:IBLY MARCH 16, J D11.
[
ASSEMBLY BILL Nov 980
9f "' S ¥?MW ; "' '%i!il'3if¥Vt.il'bl¥ , • Hi? ·R?S? 4h<i'A 45@9 p- & e·

I INTRODUCED BY MR. MARKS,

f JANUARY 25, 1917.

REFERRED TO COivi:MIT'rEE ON JUDICIARY.

AN ACT
RELATING TO AND REGULATING THE CARRYING, POSSESSION, SALE OR
OTHER DISPOSITION OF FIREARIIIS CAP ABLE OF BEING CONCEALED UPON
THE PERSON; [ J PROIITBITING TIIE POSSESSION, CATITIYHW, ?IIA~WFAC-
TFRINC+ AND SAT~E OF CETITAIN OTHER DANGEROUS WEAPO:\S AND THE

GIVING, TRANSFERRHW AND DISPO:"ITION THEREOF TO OTITEH. PER~OKS

WITHIN THIS STATE; PROVIDINC: "!!'OR THE REGIS'l'ERIKG Qli' THE S.\.LES

OF FIREAR!\IS; PROHIBITING THE CATIRYING OTI POSSESSION OF CON-

CBALJm \YEAPONS IN MUNICIPAL COTIPORA~IONS; PROVIDING FOR ~'HE

DESTRUCTION OF CETIT),IN DA:\GEROUS WEAPONS _'iS :1\FTS.\.NCES AND

l\fAKING TT A I'ET.ONY TO USE OR ATTEMPT TO USE CERTAIN DANGEROUS

\YBAPONS AGAINST ANOTHER.

11he people of the State of CalifornicL do enact as foUows:

.1 []
2 SECTION [1].
Every person ·who mannfactnres or causes to
3 be manufactnrecl or lenses, or keeps for sale, or offers, or gives,
4 or other\Yjse ii.ispO['PS of any ]nstrnment or ·weapon of the kinc1
5 common1y known as a blackjack, slungshot, billy~ sanc1r1uh,

AG000030
 :c,
" ~1!Jidl>ng~ l>lwlg-!'Oll, OL'
-2-
111dal kllllc~ldc's. n di!'k oe clagger, to
an,,- 1wrsun within thi~ stnte is gtrilty of <1 misdemeanor, and
1 I

8 if he has been previously c01n·ictcc1 of a crime made punish-

4 by this section, he is guilty of a felonr.
fl hle
5
SEc. [2]. Every per::.;on 1rho po:'>sessrs any instrument or
6
11·eapon of the kind commonly kno1Yn as a blackjack, slungshot,

8
hill,,-. sandclnb, sandbag, bludgeon, metal lmuekles, bomb or
1>oiltbshelJs, or 1rho carries a dirk or a dagger, is guilty of I
10
9
a llli~'-H1enH'<lllOl', mu1 if he' lws l>t'en convicted previously of
~my felony or of a t·J·imc matle punishable l>y this <-u·t, he is
l
11 guilty of a felony.
12
l
SEc. [:3]. En·1y per.son 11·ho carries in any city, city and
13
count~-, town or munic-ipAl corporation of this ~>tate any
14
pistol, revolver, or other firearm concealed upon his person,
15 -
without having a license to carry such :firearm as hereinafter
16
provided in section seven of this act, shall be guilty of a misde-
~r
I
'l

meanor and if h!' has been convidecl previously of any felony,

18
19
or of any crime made punishable by this act, he is guilty of a
felony.
I
20
SEc. [4]. The nnhnrfnl pnssi\'-'smg or carr~rmg of any of
I
"~
21
the instruments,. ·weapons Ol' firearms enumerated in sections
22 J
[one] to section [three] inclnsi~.-e of this act, by any person
23
other than those authorized and empoiYerecl to carry or possess
24
the same as hereinafter provided, is a nuisance, and Ruc11
25
instruments, Yreapons or firearms are hereby declared to be
26
nuisances, and -r;·heu any of said artic:les shall be taken from
27
the possession of an~' person the same shaH be surrendered to
28
the magistrate before ·whom said person shall be taken, except
29
that in any city, city and corinty, town or other municipal
30 l
corporation the Rame shall be surrendered to the head of the
31 'i
polic-e force, or police department thereof. 'J.1he officers to
32
1vhom the same may be so surrendered, except upon certificate
·33
of a judge of a court of 1:ecord, or of the district attorney of
34
an-y county that the preservation thereof is necessary or proper
35
to the ends of justice, shall proceed at such time or times as
36
he deems proper, and at least once in each year to destroy or

AG000031
 rI 1
-3-

cause to be destroyed imeh instruments, weapons or other fire-

I
2 arms in such manner and to such extent that the same shalr
3 he and hecome 1vholly nnc1 ent]rely ineffective and useless for
-1: the purpose for v;hich it 1vas manufarturecl
5 SEc. [5]. Any· ppr;:.:on 11·ho 8ttrmpts to use~ or ·who with
( 6 · intent to use the same nnhnvfully against another, carries or
7 possesses ·a dagger. dirk dangerous knife, razor. stiletto, m·

I 8 any loaded pistol, revolver or other firearm, or any instrument

9 or 1veapon commonly lmmn1 as a blackjack, slungshot, billy,
I 10 sandclub, sandbag, metal knuckles, bomb, or bombshell or any
11 other dangerous or deadly instrument or weapon, is guilty of
(
7 12 a felony. The carrying or possession of any of the \Yeapons
13 specified in this section, 1)y any person while committing, or
1± attempting or threatening to commit a felony, or breaeh of the
15 p-~~~~; "~~~,. a1~)~ ··;~t· .of \riol~~i~e~ ·~g~i~~·t'\h;; .pe;s0~1 p-~:~l}'~t)r
or_,
;( 16 of another, shall be presumptive evidence of carrying or pos-
''t 17 sessing such \reapon vYith intent to use the same in violation

l 18
19
of this section.
SEc. [6]. It sltall lJe lawful for the boarc1 of police commis-
~lO · sioners, chief of police, city marshal, town marshal, or other
2:1 head of the police department of any city, city and county,
22 town, or other municipal corporation of this state, upon proof
23 before said board, chief, marshal or head, that the person
24 applying therefor is of goocl moral character, nnd that good
25 cause exists for the issuance thereof, to issue to such person a
26 lieensc to cany coucealetl a pistol, revolver Ol' other fire-
~ .
-J 27 ann; [ ] 1Ji'O'uiclc(l_, [liuu·ct'C'i], that the application to carry

j
l 28
29
30
concealed snell £rearm shall lle filed in -vvriting ancl shall state
the name and residence of the applicant, the nature of appli-
cant's occupation, the business address of applicant, the nature
l~ 31 of the 1veapon sought to 1Je carried ancl the reason for the filing
'•

32 of the application to carry the same.

33 SEc. [7]. Every person in the business of se1l1ng, leasing or
3± otherwise transferring a pisto1: revolver or other firearm, of a
35 Rize cnpal>le of. being concealrd upon the l)erson, 1vhether such
36 ReHer, leaRor or transferrer is a retail dealer, pawnbroker or
37 otherwise, except as lwreinafter provic1ec1, shall keep a register

AG000032
 l.
1 in 1vhich shall be entered the time of sale, the date of sale, the
2 name of the salesman making the sale, the place where sold,
3 the make, model, manufacturer's number, caliber or other
4 marks of identification on such pistol, revolver or other firearm.
5 Snch register shall be prepared by and obtained f~'om the
6 state printer and shall be furnished by the state printer to said l.
7
8
dealers on application at a cost of three dollars per one hun-
deed leaves in duplicate and shall be i.n the form hereinafter
(
9 proYided. The purchaser of any firearm, capable of being
10 coDcenled upon the person shall sign, and the dealer shall
11 require him to sign his name and affix his address to said
12 register in duplicate and the salesman shall affix his signature·
13 in duplicate as a witness to the signatures of the purchaser.
1± Anr person signing a fictitious name or address is guilty of a
15 misdememJ.or. The duplicate sheet of such register shall on
16 the eYening of the day of sale, be placed in the mail, postage '-1

17 prep{tid and properly addressed to the board of police com-

18
19
mi:=:;~ionns, chief of police, city marshal, town marshal or other
}](~ad of the police department of the 'city, city and county,
l
\
-~).
20 toT,yn or other municipal corporation wherein the sale was i.
21 111ac1c; tJro~~icler] 1 tl1at 1,Yl1ere tl1e sale is n1ac1e in a clistrict wl1Bre i
J
2.2 ther{'' is no municipal police department, said duplicate sheet
23 shall he mailed to the county clerk of the county wherein the t
24 s<-; lc; is 1nade. A Yiolatio:u of any of the provisions of this sec-
25 iion by any pel'son eng~1ged in the business of selling, leasing
26 or othenvise transf8ning such firearms is n misdemeanor.
27 ~Phi.:; :;;c:etion shall 11ot <lpp1y to \'.:hok~mle d8alcrs in tlwi1·
28 lmsiuess intercourse with retail dc:alers, nor to 1vlwlesale or
29 retail dealers in the regular or ordinary traDsportation of
30 unloaded :firearms as merchandise by mail, express or other
31 mode of shipment, to points outside of the city,· city and
32 col~~ty,-·t;~vri:""d;·'mu~icipal corporation wherein they are situ-
33 ated. The register provided for in this act shall be substan-
34 tially in the following form :

AG000033
T -5-
r
1 Series No.------
2 Sheet No. _____ _
3 ORIGINAL.
4 Dealers' Record of Sale of Revolver or Pistol. State of
5 California.
6 Notice to dealers: This original is for your files. If spoiled
7 in making out, do not destroy. Keep in books. Fill out in
8 duplicate.
9 Carbon duplicate must be mailed on the evening of the day
10 of sale, to head of police commissioners, chief of police, city
11 marshal, town marshal or other head of the police department
12 of the municipal corporations wherein the sale is made, or to
13 the county clerk of your county if the sale is made in a district
14 where there is no municipal police department. Violation of
15 this law is a misdemeanor. Use carbon paper for duplicate.
16 Use indelible pencil.
17 Sold by -------------------- Salesman ----------------
18 City, town or township ----------------------------------
19 Description of arm (state whether revolver or pistol) --------
20 Maker ------------------ number ________ caliber --------
21 N arne of pureh aser ---------------------- age ______ years.
22 Permanent residence (state name of city, town or township,
23 street and number of dwelling) _..:_ _______________________ _
24 Height _____ feet _____ inches. Occupation ---------------
25 Color _________ skin ________ eyes _________ hair ---------
... 26 If traveling or in locality temporarily, give local address ____ _
27
[ 2s s·1gnat ureof pureh aser ---------------------------------
';

29 (Signing a fictitious name or address is a misdemeanor.) (To

·l,. 30 be signed in duplicate.)
31 Witness ---------------------, salesman.
32 (To be signed in duplicate.)

AG000034
 -6-

1 Series No. _____ _

2 Sheet No. _____ _
3 . DUPLICATE.

4 Dealers' Record of Sale of Revolver or Pistol. State of

5 California.
6 Notice to dealers: This carbon duplicate must be mailed (
7 on the evening of the day of sale as set. forth in the original
8 of this· register page. Violation of this law is a misdemeanor.
9 Sold by -------------------- Salesman ----------------
10 City, town or township ----------------------------------
11 Description of arm (state whether revolver or pistol) -------- ·
12 Maker ------------------ number ________ caliber --------
13 Name of purchaser ---------------------- age ------ years.
14 Permanent address (state name of city, town or township,
15 street and number of dwelling) --------------------------
16
17 Height _____ feet _____ inches. Occupation ---------------
r
~I..

18
19
Color _________ skin ________ eyes --------- hair ---------
If traveling or in locality temporarily, give local address ____ _ l
20 l
.J.
21
22
Signature of purchaser ----------------------------------
(Signing a :fictitious name or address is a misdemeanor.) (To 1
23 be signed in duplicate.)
24 Witness ---------------------, salesman.
25 (To be signed in duplicate.)
26 SEc. [8]. Nothing jn this act shall be construed to apply to
27 sheriffs, constables, marshals, policemen or other duly
28 appointed peace officers, nor to any person summoned by any
29 such officers to assist in making arrest or preserving the peace
30 while said p.erson so summoned is actually engaged in assisting
31 such officer; nor to duly authorized military or civil organiza-
32 tions while parading nor to the members thereof when going
33 to and from the places of meeting of their respective organiza-
34 tions ; nor to the possession or transportation by any merchant
35 of unloaded :fireanns as merchandise ; nor to bona :fide members
36 of any club or organization now existing or hereinafter organ-
37 ized, for. the purpose of practicing shooting at targets upon

AG000035
T
I -7-
1 established target ranges, whether public or private, while
2 such members are using any of the firearms referred to in
3 this act upon or in such target ranges.
4 SEc. [9]. If any sec-tion, subsection, sentence, clause or
l 5 phrase of this act is for any reason held to be unconstitutional
such decision shall not affect the validity of the remaining
I 7
8
6
portions of thjs act. The legislature hereby declares that it
would have passed this act and each section, subsection, sen-
I 9 tence, clause and phrase thereof, irrespective of the fact that
10 any one or more other sections, subsections, sentences, clauses
11 or phrases be declared unconstitutional.

.r
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'T

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AG000036
 ~\l\l.E::\l>EO J~ SE~ATE .\PHIL 5, 1917.
AMEXDED IN SEX ArrE APRIL 3. 1917.
A-:.\fEXDI~D IX )\_SSEMBL Y J.\IAHCH 20, 1917:

l. Al\IE:L\DED IX :\}\SEl\lBL'L l\IAHCH 16, 1917.

I ASSEMBLY BILL No. 980

I,
INTRODUCED BY MR. MARKS,

JANUARY 25, 1917.

REFERRED TO COMMITTEE ON JUDICIARY.

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I AN ACT
;-~.

RELATING TO AND REGULATING THE CARRYING, POSSESSION, SALE OR

OTHER DISPOSITION OF :FIREARMS CAP ABLE OF BEING CONCEALED UPON

THE PERSON; PROHIBITING TIIE POSSESSION, CARRYING, liiAKUFAC-

TURING AND SALE OF CERTAIN OTHER DANGEROUS WEAPONS AND THE
GIVING, TRANSFERRING AND DISPOSITION THEREOF TO OTHER PERSONS
WITHIN THIS STATE; PROVIDING FOR THE REGISTERING OF 'l'HE SALES
01!' l:"IREAR1IS; PROHIBITING THE CARRYING OR POSSESSION OF CON-
CEALED \VEAPONS IN }IIUNICIP AL CORPORATIONS; PROVIDING FOR THE
DESTRUCTION OF CERTAIN DANGEROUS WEAPONS ..::1.S NUISANCES AND
J.VIAKING IT A :FELONY TO USE OR ATTEl\IPT TO USE CERTAIN DANGEROUS

vVEAPONS AGAINST ANOTHER.

l'he people of the State of California do enact as follows:

1 1. Every person who manufactures or causes to

SEC'l'ION

2 be manufactured, or leases, oi keeps for sale, or offers, or gives,

3 or othervvise disposes of any instrument or weapon of the kind
.:;
..£;.~
. ' 4 commonly known as a blackjack, slungshot, billy, sandelub,

AG000037
 -2- I
1 sandbag, bludgeon, or metal knuckles, a dirk or dagger, to I
2 any person within this state is guilty of a misdemeanor, and 1

3 if he has been previously convicted of a crime made punish-

4 able by this section, he is guilty of a felony.
5 SEc. 2. Every person -vvho possesses any instrument or
6 weapon of the kind commonly known as a blackjack, slungshot,
7 billy, sandclub, sandbag, bludgeon, metal knuckles, bomb or
8 bombshells, or who carries a dirk or a dagger, is guilty of
9 a misdemeanor, and if he has been convicted previously of
10 any felony or of a crime made punishable by this act, he is
11 guilty of a felony.
12 SEc. 3. Every person who carries .in any city, city and
13 county, to1vn or municipal corporation of this state any
14 pistol, revolver, or other firearm concealed upon his person,
15 without having a license to carry such firearm as hereinafter
16 provided in section [six] of this act, shall be· guilty of a misde-
17 meanor and if he has been convicted previously of any felony, (
18 or of any crime made punishable by this act, he is guilty of a '
19 felony.
20 SEc. ±. The 1tn1awfu1 possessing or eal'ryjng of a.n,v of
21 the instruments, weapons. or firearms enumerated in sections
22 one to secbon three inclusive of this act, by any person
23 other than those authorized and empowered to carry or possess
24 the same as hereinafter provided, is a nuisance, and ~mch
25 instruments, weapons or firearms are hereby declared to be II.
26 nuisances, and when any of said articles shall be taken from .
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27
28
the possession of any person the same shall be surrendered to
the magistrate before whom said person shall be taken, except
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29 that in any city, city and county, town or other municipal
30 corporation the same shall be surrendered to the head of the
r
31 police force, or police department thereof. The officers to t ·I

32 whom the same may be so surrendered, except upon certificate

33 of a judge of a court of record, or of the district attorney of
34 any county that the preservation thereof is necessary or proper
35 to the ends of justice, shall proceed at such time or times as
36 he deems proper, and at least once in each year to destroy or
37 cause to be destroyed such instruments, weapons or other fire- (

AG000038
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1 arms m such manner and to such extent that the same shall
2 be and become ·wholly and entirely ineffective and useless for

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4
the purpose for which it was manufactured.
SEc. 5. Any person ·who attempts to use, or who ·with
5 intent to use the same unlawfully against another, carnes or
6 possesses a dagger, dirk, dangerous knife, razor, stiletto, or
7 any loaded pistol, revolver or other firearm, or any instrument
8 or weapon commonly known as a blackjack, slungshot, billy,
9 sandclub, sandbag, metal knuckles, bomb, or bombshell or any
10 other dangerous or deadly instrument' or weapon, is guilty of
11 a felony. The carrying or possession of any of the weapons
12 specified in this section, by any person while committing, or
13 attempting or threatening to commit a felony, or breach of the
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. 14 peace, or any act of violence against the person or property
15 of another, shall be presumptive evidence of carrying or pos-

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17
18
19
sessing such vveapon with intent to use the same in violation
of this section.
SEc. 6. It shall be lawful for the board of police commis-
sioners, chief of police, city marshal, town marshal, or other
20 head of the police department of any city, city and county,
21 town, or other municipal corporation of this state, upon proof
22 before said board, chief, marshal or head, that the person
I 23 applying therefor is of good moral character, and that good
r 24 cause exists for the issuance thereof, to issue to such person a
25 license to carry concealed a pistol, revolver or other fire-
26 arm; pro·vided, holcn•c·J'_. that the application to carry
r 27 concealed such firearm shall be filed in writing and shall state
t 28 the name and residence of the applicant, the nature of appli-
29 cant's occupation, the business address of applicant, the nature
30 of the weapon sought to be carried and the reason for the filing
31 of the application to carry the same.
32 SEc. 7. Every person in the business of selling, leasing or
33 otherwise transferring a pistol, revolver or other firearm, of a

r 34
35
size capable of being concealed upon the person, whether such
seller, leasor or transferrer is a retail dealer, pawnbroker or
36 otherwise, except as hereinafter provided, shall keep a register
37 in which shall be entered the time of sale, the date of sale, the

AG000039
 1
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1 name of the salesman making the sale, the place where sold,
2 the make, model, manufacturer's number, caliber or other
3 marks of identification on such pistol, revolver or other firearm.
4 Such register shall be prepared by and obtained from the
;:) state printer and shall be furnished by the state printer to said
6 dealers on application at a cost of three dollars per one hun-
7 dred leaves in duplicate and shail be i.n the form hereinafter
8 P.rovided. The purchaser of any firearm, capable of being
9 concealed upon the pei·son shall sign, and the dealer shall
10 require him to sign his name and affix his address to said (
11 register in duplicate and the salesman shall affix his signature
12 in duplicate as a witness to the signatures of the purchaser.
13 Any person signing a fictitious name or address is guilty of a
14 misdemeanor. The duplicate sheet of such register shall on
15 the eYening of the day of sale, be placed in the mail, postage [
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16 prepaid and properly addressed to the. board of police com-
17
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missioners, chief of police, city marshal, town marshal or other
head of the police department of the city, city and county,
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19 to1vn or other municipal corporation wherein the sale was .l
20 made; provicZecl7 that where the sale is made in a district where
21 there is no municipal police department, said duplicate sheet
22 shall tc mailed to the county clerk of the county wherein the
23 sale is made. A violation of any of the provisions of this sec-
24 tion by any person engaged in the business of selling, leasing
25 or otherwise transferring such firearms is a misdemeanor.
26 This section shall not apply. to wholesale dealers in their
27 business intercourse with retail dealers, nor to wholesale or
28 retail dealers in the regular or ordinary transportation of r
29 unloaded firearms as merchandise by mail, express or other l
30 mode of shipment, to points outside of the city, city and
31 county, town or municipal corporation wherein they are situ-
32 ated. The register provided for in this act shall be substan-
33 tially in the following form:

AG000040
I
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1 Series No. _____ _
2 Sheet No. _____ _
')
'-' ORIGINAL.

1 Dealers' Record of Sale of Revolver or Pistol. State of

5 California.
6 Notice to dealers: This original is for your files. If spoiled
7 in making out, do not destroy. Keep in books. Fill out in
8 duplicate.
9 Carbon duplicate must be mailed on the evening of the day
10 of sale, to head of police commissioners, chief of police, city
11 marshal, town marshal or other head of the police department
12 of the municipal corporations wherein the sale is made, or to
13 the county clerk of your county if the sale is made in a district
(
14 where there is no municipal police department. Violation of
15 this law is a misdemeanor. Use carbon paper for duplicate.
( '16
I Use indelible pencil.
17 Sold by -------------------- Salesman ----------------
\
18 City, town or township ----------------------------------
l 19
20
Description of arm (state whether revolver or pistol) --------
Maker ------------------ number ________ caliber _______ _
1 21 Name of purchaser ---------------------- age ______ years.
22 Permanent residence (state name of city, town or township,
23 street and number of d-vvelling) --------------------------
lI 24
25
Height _____ feet _____ inches. Occupation ---------------
Color _________ skin ________ eyes --------- hair _______ :.._
26 If traveling or in locality temporarily, give local address ____ _
27 -------------------------------------------------------
r 28 Signature of purchaser ---------------------------------
29 . (Signing a fictitious name or address is a misdemeanor.) (To
1 30 be signed i:n. duplicate.)
t 31 Witness ---------------------, salesman.
'2 (To be signed in duplicate.)

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AG000041
 I
1

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l Series No. _____ _
2 Sheet No. _____ _
3 DUPLICATE.
4 Dealers' Record of Sale of Revolver or Pistol. State of
5 California .
.6 Notice to dealers: This carbon duplicate must be mailed
7 on the evening of the day of sale as set forth in the original
8 of this register page. Violation of this law is a misdemeanor.
9 Sold by -------------------- Salesman ----------------
10 City, town or township ----------------------------------
·n Description of arm (state whether revolver or pistol) _______ _
12 Maker ------------------ number ________ caliber _______ _
13 Name of purchaser ---------------------- age ______ years.
14 Permanent address (state name of city, town or township,
15 street and number of dwelling) --------------------------
16
17 Height _____ feet _____ inches. Occupation ---------------
18 Color _________ skin ________ eyes _________ hair ---------
19 If traveling or in locality temporarily, give local address ____ _
20
21 Signature of purchaser ----------------------------------
22 (Signing a fictitious name or address is a misdemeanor.) (To
23 be signed in duplicate.)
24 Witness ---------------------, salesman.
25 (To be signed in duplicate.)
26 SEc. 8. Nothing in this act shall be construed to apply to
27 sheriffs, constables, marshals, policemen or other duly
28 appointed peace officers, nor to any person summoned by any /.

29 such officers to assist in making arrest or preserving the peace

30 while said person so summoned is actually engaged in assisting
31 such officer; nor to duly authorized military or civil organiza-
32 tions while parading nor to the members thereof when going
33 to and from the places of meeting of their respective organiza-
34 tions ; nor to the possession or transportation by any merchant
35 of unloaded firearms as merchandise; nor to bona fide members
36 of any club or organization now existing or hereinafter organ-
37 ized, for the purpose of practicing shooting at targets upon

AG000042
T 1
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established target ranges, whether public or private, while
r 2 such members are using any of the firearms referred to in
3 this act upon or in such target ranges[, or while going to and
4 from such ranges].
5 SEc. 9. If any sedion, subsection, sentence, clause or
6 phrase of this act is for any reason held to be unconstitutional
l 7
8
such decision shall not affect the validity of the remaining
portions of this act. The legislature hereby declares that it
9 would have passed this act and each section, subsection, sen-
10 tence, clause and phrase thereof, irrespective of the fact that
11 any one or more other sections, subsections, sentences, clauses
12 or phrases be declared unconstitutional.

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AG000043
 STATE .PRISON AT JfOLGOJl·

G-ENERAL LAWS.
·0]1 THE

.STATE O:F CALIFORNIA

·, AS AMENDED UP TO THE END OF THE

SESSION. OF 1923

CONTAINING THE GE.NERAL LAWS IN FULL AND

REFERENCES TO THE SPECIAL LAWS
.BY TITLE

WI.'J'H

.. ..
STATUTORY HISTORY TO DATE AND CHRONOLOGICAL
INDEX OF ACTS· REFERRED TO IN THE
GENERAL LAWS

IN TWO PARTS

PART ONE
ACTS 1 TO· 5546
ABORTION TO NURSING

EDITED BY'
JAMES H. DEERING
Of the San Francisco Bar

SAN FRANCISCO.
BANOROFT_::.WHITNEY COMPANY
.~ ... •. :''7.. • •• . . . • '

1924
\ ~ .

AG000044
 DAVISVILLE--DEADLY WEAPONS. A'cts 1946-19 68
regulate the business of producing, buying and selling dairy product.s,
oleomargarine, renovated or imitation butter and cheese; to provide
,.for the enfore,ement of its provisions and for the punishment of viola-
tio~s thereof, and ·appropriating money therefor and to repeal section
..seventeen of an. act ~pprqved March 4, 1897, entitled "An act to
prevent deception in the manufacture and sale of butter and cheese,
to secure its enforcement, and to approp1;iate money therefor,"· and to
repeal· all. acts and parts of acts inconsi,stent with this act, is hereby
repealed; and all other acts or parts of acts. in confiict herewith are
. hereby repealed ..
AOT 194.6.
An act to establish a standatd for evaporated milk and condensed milk.
[Approved April 24, 1911. .Stats. i911, p. 1101.]
§ 1. Standard of condensed milk.
§ 2. · Conflicting acts repealed.
§ 1. Standard of condensed milk. The standard of purity of con-
densed milk and evaporated. milk. shall be that' proclaimed and estab-
lished by the secretary "of the United States Depa:rtment' of ~gricul-
ture.
§ 2. Conflicting· acts repealed. · All ~cts and parts ~f acts incon-
sistent. with the provisions of this act are hereby repealeQ.. ·.
ACT
.• . 1947•
.To provide for the inspection of dairies, factories of dairy products, and
of dairy products as to their sanitary condition and as to the health ·
of stock; to preven.t the sa.le of milk and·· the products of. milk
drawn from diseased animals; to prevent the spread of infectio.us
·and contagious diseas·es common to stock. [Stats. 1899, p. 171.]
Repealed 1905; p ..467. See a?-te, Act 1944..

TITLE 150.
D.A.VISVILLR
ACT 1957.
·To pre-y.ent hogs and goats running at large in. [Stat5'.1873-:-74, p~ 82.]
See§ 9, Stats. 1897, p. 198; Stats. ~1)01, p. 603, §§ 9, 10.

TITLE 15~.
DEADLY WEAPONS.
ACT 1967.
To prevent the improp.er and cdminal 'use o·f deadly weapons. [Stats.
. . . .
1855, p. 2·68.]
.
Superseded by Penal Code,§ 417 ..
ACT 1968. . . .
An: act providing for the registration of. the purchasers of pistols·,; ~nd
p1·ovidi~g for the punishment of dealers neglecting t? r~gister: such
purchasers.
·LApproved March 6, 1909. Stats. 1909, p. 163.]
See the Act of 1923, p. 695, post, Act 1970.
·661

AG000045
 IJ j

Acts 1969, 1970 ·GENERAL LA WSr-

§ 1. Registration required.
§ 2. Penalty.
~I . § 1. Registration required. Every person engaged in the bush.
! l
of selling at retail pistols shall keep a register in which shall ~B
entered the name, age, occupation and residence (if residing in e
city then the street number of such residence) · of. each and ev a
purchaser of such pistols, ·together with the number or other in eri
vf identification if any on sueh pistol, which said register shall a~.
open to the inspection of all :peace officers at all times. e
§ 2. Penalty. E'very person violating any of the provisions of th'.
.. . . . lS
act s b a 11 b e d·eeme d gmlty of a, misdemeanor ;an-d s·hall on co-nviction· b
iin:ed a sum not to· exceed iif~y dollars- or in default of the paymen~.
of said iine shall be imprisoned in the county jail not to exceed one
day for each two dollars of said iine. ·

ACT 1969.
An act rela.ting to and regulating the carrying, possession~ sale' or other
disposition of firearms capable of being concealed upon the person.
prohibiting the possession, carrying, manufacturing and sale of cer.~
tain other dangerous weapons and the giving, transferring and dis-
position thereof to other persons within this state; providing for tht>
registering of the sales of iirearms; prohibiting the ca,.ying or pos-.
session of concealed weapons in municipal corporations; providing
for the destruction of certain dangerous weapons as nuisances and
making a. ·felony to use or attempt to use certain dangerous ·
weapons against another.· [Approved May 4, 1917. Stats. 1917,
·p. 221. In effect .Tuly 27, 1917.]
Repealed 1923; Stats. 1923,. p. 702, § 17. See next act.
This act is constitutional: People v. Smith, 36· Cal. App. 88, 171
Pac. 696; In re Dare, 176 Cal. 83, 168 Pac. 19.

ACT 1970.
A.n act -to control and regulate the possession! sale and use of pi~tols, ...
revolvers -and other firearms c•apa.Me of being concealed . upon
the person; to prohibit the manufacture, sale, possession or carry-
ing of certain other. dangero·us weapons within this state; to·
provide for registering all sales of pistols, revolvers or other :fire-
arms capable of being concealed upon the person; to _prohibit the
carrying of concealed iirearms except by lawfully authorized per-
sons; to provide for the confiscation and destruction of such
weapons 'in certain cases; to pTohibit the ownership,· use, or
possession of any of .such weapons by certain cl~sses of persons;
to prt)scribe penalties for violations of this act and increased
penalties for repeated violations hereof; to authorize, in proper
cases, the granting of licenses or permits to carry iirearms ~on­
cealed upon the person; to provide for licensing retail dealers in ··!
l
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such iirearm.s and regulating sales thereunder; and to repeal chap· i1
. ter one hundred forty-iive of California st.atutes of 1917, relating
to th.e same subject.
[Approved June 13, 1923. Stats. 1923, p. 695.] ,
1 1

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I AG000046
 DEADLY WEAPONS. Act 1970, §§ 1-R
§ 1. Manufacture, sale, carrying, etc., certain dangerous weapons
prohibited. , . .
§ 2. .Aliens and felons must not possess certain firearms.
§ 3. Committing felony while canying dangerous weapon. Evidence.
§ 4. No probation or suspension of sentence.
§ 5. Canying ·certain firearms without license .. .Exceptions.
§ 6. Police officers, soldiers, etc., excepted.
§ 7. Nuisances. Destruction of weapons.
§ 8. .Licenses ·to carry firearms. Applications .. Eecord.
§ 9. Dealers' registers. Cost. Signatures. Disposition of duplicate
sheets. Penalty.
§ 10. Restrictions . on transfer of certain firearms ..
§ 11. Local licenses for sale of certain firearms.
§ 12. Penalty for dealing in certain' firearms without iicense.
§ 13. Tampering with ma_rks on certain firearms. · Penalty.
§ 14. Expiration of current licenses.
§ 15.. Antique pistols, etc.
§ 16. Constitutionality. ·
§ 17 .. Stats. 1917, p. 221, repealed..
§ 1. Manufacture, saJ.e, carcy:i:rlg, etc., certaJ.n dangerous we-ap-ons pro-
hibited. On ·and after the ·date upo•n whic'h this ac:t takes e:ffeM, every
person· who within the state of Californ:La rilal;l.ufactures· or •Baus·es to
be manufactured, or who· imports into the s•tate, or who· keeps for
sale, or offer:SJ or exposes· £.or s-al.e·, or who; gives•, le·JlodS', ·or possesses
an:r instrument or weapon of the. kind: ·c·o1nmonly know:rwas• ·a black-
jack, s1mng-shot, billy, s·andcJub, S•and:bag, or met,a:I! knue;:Kl(3s•, or who
car;ries conce•aled upon his· person any expJ:o•sive substance; other than
n;g:eCL ammunition, ·or who •carries conc-ealed upon ibis· pers•on any dirk
or dagger, shall be guilty of a felo;n.y and upow a conviction the!-eof
shall he punis(habloe by 'imprisonment in .!3. Sltate· prison. for n6•t ·le-SS
·than one year nor for mo~e than :fi.v:e years. ···
§ 2. Al'i.ens a;nd felons must not P'ossess certain firearms. .. On and
after th·e date upon whic,.-h thi& act take·s e.ffe.ct., n.o· unn•atur:alri.zeJ.
foreign born p·erson. and no person· who has been c-onvicted o-f a
felony ag.,ainst the person otr property of another or against the gov-
ernment o•f ·the Uni•ted States o·r of the state _o.f California or of any
politic:al Sl\lbdivision. thereof sh,aH own or ·have, in his possession or
under his custody or co-ntroll any pistol, revolver or other fire:arni c.a-
p-able of being concealed up-on the person .. The terms "pistol/' "re-
. volve·r," and ":fi:re,arms capable of bein'g eonce,aled! . upon the perston"
as used in this act sh-ahl ·be •eonstrue<1 tq. •apply to and include all
fire.arm!3 ha.ving a barrel less than twelv-e incohes in.· le-ngth. An.y
perS•On who. srhall Vio}aJte the provisiO'ThSI Of this S16'Ctiolli !3-haU be guilty
\
. of a felon'Y and upon conviction ·th,e·reof shall be punis!l:va,ble by im-
prisonment in a state pTison for not less thalll o·ne, year nor for mor·e
than five ye,a.rs•.
§ 31. C'ommlitting fclony while carrying dang·erous weap•on. E-vidence;
If imy person shall c-ommit. or attempt to •c:ommd:t ·~ny . felony within ·
this state whHe arme.d/.with any of the weapons' m~ntioned in· s.ection
o·ne hereof or while armed with any pi-si;ol, rev-olvea.- or other fi.re•arm
c:apable of being concealed upon the pers,on,. without. having a license
or p-ermit to· '<la;rry su·ch firearm ·as hereinafter pro·vided, upon con-
viction of. sucli felony· or 9f an attempt to commit such felony-, he
sh·all. in addition t·o the punifshment .p:res-c.ribed! for the -crime oof which·
663

AG000047
Act 1970, §§ 4-6 GENERAL LAWS ..

he lms .been· wnvicte·d!, he p:unis·hable by impris·onme.nt in· a· state prison·

for. not less than :five nor for mo·re than ten' years·. <Such additio11al!
pe1'io·CL of· imprisonment s:hall conimence upon th1e expiration or other
termiil:ation of the sentence· illljposed for the e;rime o£ which he s1tands
c•on vic ted and shall no•t run concurrently with suc.h s;enten0e. Upon
a se•Cond conviction und'er like •Cil'·CUlllStances SUCb, additional. period
0 .£ imprisonment ·s·h·all be for not lesiS th.an ten years· nor fo·r more
than :fifte•e.n ye.ars, 1and upon a third· •conviction under like eircumr-
stan~'es such ad:d,itiolJ.a] period of imprisonment S'hall be for not les·s
than :fifteen nor for more th1an twenty-five yearS!, suCJh termS' of addi-
tiona~ imprisonment to run c·ons·ecutively as before. Upon a fourth
· O•r subs·equent con:victioh uilde·r like c.ir0Ums·bances· the . pel'lson so con-.
victed may be impris•oned fo-r life or for a term of ye·ars not less
than .tw,en;ty~:five years; within the discretioru of the: court wherein
su•ch fourth or subs,equent eonvictiou was h1ad. . ·
In the trial of a pers-on c!lJ.,arged with 'C'omm:rtting or attempting to
commit a felony wgainst the person of another while armed wit:h. any,
of the weap·o~s III!entio;ne·O. in section one hereof,· or while armed with
any p1s•tol, revolver or o•ther :firearm c:apable of being conceaJ!ed upon
·the p:ers1on, without 'having. a lic·ens·e or permit, to carry such ;firearm
as h·ereinaf•te·r pro.vid-ed, the fa0t that 'he wa.s so ·armed shaH be :p-rima
facie evide·nce o1f .his· intent to •commit · suc;h felony. ·
§ 4. No pTohation Oi" suspension of se:n.ten~e·. In no case sh,all any
person· punishable und!er the preceding sedilns ·Of. this wet be granted.
probation by the trial court, ·nor sJ:vaH1 the e;x:ecutio·n of the senten0e
imposed upon suc.h perso·n· be sruspeud'ed by :the court. ·
§ 5. -Qal:ryillg cert.ain :fire,a;rms without license. Exceptions. · Exc'ept
as otherwis•e pro,vi·ded in this a0t, it sha.ll be urihuwful .for any. pe-rs'o~:.
Within this st:ate to· 'carry' •Concealed upon fuis pe·rson or within, any
vehicle whieill is under his· control or dire·ction any pis·tol, revo1ver
Or other :firearm <C'aiJ•abl.e of being 00UC·eale•d upon the perSO·n.' Witho'ut
having a lic·eDJS'e to 0arry such .:fire•arm as hereinafter provided in
s'ection eight ,hereof. Any pers.on w'h·o violates . th.e provisions•. of this
s•e,c.tion S'hall he guilty of a misdemeanor, and if' .he J:vas been co·n"
victed. pre-viously of any ferony, or of any CJrime .made punishable by
this act, he is· guilty of a felony. ·
Th.is section shaH not be c·ons~ruec1 to1 prohibit any · dtizen of the
United! States, <iver the age of eighteen, year:SI, who· resides. or is tern-·
porariliy s·ojourning within t'his srtate., and who is . not wit~.in the .ex- .
c~epted cl'ass·es :P•resc:dbed ,by section two: h.ereof, from ow:hhrg, pos·~
s.essing O'r ke·eping within ·his plac•e of residence · or· pla,ce of husines·s
any pis•to~; r'evolver or Qther :fire-arm c1apable of being conc.ealed .upon·.
the person, and no permit o.r lic·imse to purchas·e, own, ·p-os;sess or keep
any such :firearm 'at his p1aCJe o·f residence or plac!e· of ·tu:siness shall.
1:Je required . of any such ·citben. Firearms carr.ied o•penly in belt
holsters· .shaH ?J,Ot he deeme-d to be concealed withi,n .. the ineanin:g
of. this sectio:n, no·r s1hall knives whrc'h .are Clatried operily iu sheat.hs
suspend,eCL from the waist of the wearer. ··
§ 6. Police officers, soldiers, etc., e~cepted. Not'liing in the precedin-g
s·ection shall be constmed to appJ.y to1 or a:ffecrt .sheriffs; cunsta.blJes~
mars·hals·, pori0emen, whether active or hoil•orably retired,. o·r other duly
appointed peace· officers, nor to· any pers·on srummoned by any such
664

AG000048
 DEAJ?L Y. WEAPONS • Act 1~70, §§ -7, 8
o:ffic·ers to assist in makin~
.
.arrests or pres·erving the p~ace · while.
~;aid person so· summoned is 3JCtually engaged: in as,sis·ting suc.·h officer i:
no·r to the poss·ession or transtportation by any· mercha.nt of unl'oaded
firearms as merc.hiwdise·; nor to·. members of the army, navy, or.
. madne corps of the· United St.ates·, or iille· national guarCL, when on ·
duty, or.r to organizations whi0h •are. by· l!aw authorized to purc.has·e
or receive &'UC'h weapons from the UniteCL rStates, o·r from this state;
nor to· duly authorized mli.litary o-r civil organization.& while para;ding,
nor to the members. ther·eof w'hen goin.g to land from the plac~: of
meeting O'f their res:pe·cti ve org,aniz.ations; no·r to members• of any
club or organization now existing, o·r .here,after qrganized; for the
purpose ·of. practicin·g shooting at taTgets upon .t.he establi~·hed •targe~
ranges, whethel' public or private, while Sf\lCU members are using ·any
orf the firearms referr.ea: to in this act upon such target ranges, or:
while going to .and from Sf\l'Cih Tlange&; or to· l'i!cen:sed hunters•. or fisher~
men w.hile engage·d· :in hunting oT. :fishing, or whil!e .going to or re"
turning from such hunting or ,:fisihing expedition. '
§ 7. Nuisances. hestruction of we·apons. T'he unlawful eon'CJealed
carrying iipon the person o·r. within the v·ehicle. Of the c.arrier · of any
CLirk, dagger, pistol,. re.volver, o.r other :firea:rm capable p£ being ·Con~
cealed upon t:he pers·on, is a miisanc·e. Any such we,apons ·taken from
the person o·r vehicle of 'any ·pers·on. unlawfull!y carrying the s·aimi
are he·reby declared to be nuisances, and shall be surrendered to
the magistrate before whom said p·erson shall be taken, except that
in any ·city, city ,a;nd 0ounty, town or other· municipal corpo·r~tion the
same s1haH ·be surrendered rto the head'i"of the· police forc·e or police
departmtmt t'h·ereof .. The offi0ers to whom the ·same may be .so Stl.r-
ren:d·ere•d, e:xocept upon the · certi:fic,ate· of 'a judge of a •court of .record,
or of the ddstrict attorney of the county; th:a,t the pres·ervation thereof
is neces·&ary or proper to the end;s. of ju.stice, shall! annlllally,. between
the first an:d tenth diays of July, in e~c,h ye·ar, ·destroy or cause to be
des:troyed ·sucih weapo:ns· to such, e·xtent that the s•ame s·h:all become and
be wholly :and entirely. ine~e·crtive and ·1\lseless· for the purpose for
whic.h it was mJan.ufactilre·d;' provided, .·however, th,at in the· event any
Sf\lch weapon ha131 been stolen and is· thereafter rec-overed · from .the .
thief or .his'. trap.sfere•e, the s;a.me shaH not be destroyed: .burt s-hall -be
restor:eCL to. the Lawful O•Wn:er: thereof, SO' S•OO·n as its' use' asl .evidenc·e'
has be.en served,· upon his identiftcat.io:o, of the weapon . and pro·of of
owners'Pip thereof~ Blackjacks, slungshots, billies, sandclubs, s·andha.gs.
and metal.knuckles· ·are hereby decl'ared to be nuisance·s 18..nd shall be.
subject tO confis-cation and summary d:es.truc~ion whenever found vr,ithin
the state; . pro-vided•, that upon the· c•erti:fi0at.e• 'Of. a judge or of the
distr~·ct .attomey that the ends· of justice will_ he subserved thereby,
s:ucih weapon shall be preserved until! the nec.es;s.ity for· i~s use. ce;ases.
§,8. · Licenses to ca;rxy firearms.. AppUca.ti.ons: Record. It shall be
lawf.ul for the sheriff of a county, and the board of police: commis~
sioners~ chief orf polic·e; .eity. marshal; town ~arshal, or . o·ther head. of
the po·1ice de·pa:i:tmlent of any city, city and county, town, or other .
municipal '0orpomtio1n of this state·, upon proof. before s·a.id bo·ard, chief~
marsha1 or {>ther· polic.e head, that tille. person applying therefor is of
good moral ehai'acter, and that go·o·d . ·caU:.s~e exis-ts ..!fpr the issllian·ce
ther.eo:f, to is.sue to· Sf\lch pe·rson a license to carry co·ncealed a pistol,
revolv'er or other :firearm for · a period {)f one year from the d-ate o·f

l .6!:1_5
l

AG000049
 Act 1970, § 9 GENERAL LAWS.

such llicen:se. All appJic•a•tions for s,uch licenses sihaH be :filed in writ~
ing, signed by the' appl·icant, 'and shall state ·the name, oc•cupation,
residence and! busines•s address of the applic,ant, his age, height, weight,
coJor of eyes' and hair, ·and reason for desfring ·a licen·s·e to carry
suc.h weapon. Any li·c-ens·e is·sueod upon such applic:a_tion shaH set forth
the. foregoing data :and sh·aH, in addit,ion, contain ·a d-escription of the
weapon authorized to be carried:; giving the _na;me of the ma.nufac:turer,
th·e serial number and the c•alibe·r thereof. When · such license-s are
is•suetl. by •a s:he-riff a re·c'ord · thereof s.hall be kept in. the office o.f
th'e courrty clerk; whe·l!- issued by polic-e :authority such reco-rd shall
·be maintained in the office of the :authority. by who·J;Th issuedi. S'1,1eh
applications anq liocens·es· shaH be· uniform throughout the state, upon
forms· to be prescribed by the attorney gene·ral. ·
§ 9. Dealers• registe·rs.. Cost. Signatures.· Disp-osition of duplicate ·'
sheets. Penalty. Every person in the busin_ess of selling, le:asjng · or
otherwis·e transferring a pistol, rev-olver or other :fire:arm, of a size
c-apable of being c,.once•aled upon the person, wheth.er such seller, le<S-
sor or trans-fero-r is a retail dealer, ·pawn-brolfe·r or otherwise, except
as hereina.fter proVided, s.hall.kee•p a regis•ter in which shaH be entered
the time of sale, the d•ate {)f &ale, the name of the sl3;lesman making
the .g.aJ.te, the pl•ace whe·re soJ.d th-e ·:JU'ake, model, manufacturer's number,
Ctaiiber o·r other Iharkso of identification on such pistoli, · revolver or.
other ·firearm.
. .
.Cost. Hu0h registter s'haH be prepared by and obtainedi from the
state · prin·ter and shall be furnished by the state printer to s-aid
dealers on application at a cost of three dollars per one · hundred
le•aves in duplicate an·d shall be in the form hereinafter provided.
Signature. Th-e ·purchaser of any firearm, capablle of being conce-aled
up·on th·e person shaH sign, and the. dealer shall .require :him to sign
his name andi affix his 'addrress to said registe;r in duplicate and the
J.
salesman. shall: affix his signature in duplicate· as a witnests· to the sig-
natures of the purchaser. Any penwn ?igning ta. fictitious; ·name or
add-ress is guilty of a mi~.d-emeanor. · · ·
Dispo·sition of duplicate sheets. The duplic,ate sthe•et of sucb. register
shall on the -evening o·f th'e ·day of sale,. be· placed· in the maii,,
postage J?'repaid and properly a:ddress.ed to the bo1ard of police com-
missioners:,. ·chief of police, . city marshal, town, marslh·al or other head
of the police department of the c~ty, city ~nCL county, t-o-wn or other
municipal 'corp·or:ation wherein the Hale wa& made; provid:ed-, that
where the sale is mJade in 1a district wh,ere there> i& ·no municipal
police departinent, S'ai& -duplicate s•heet sh:all he mailed to·. tl:Le- •com1ty
13lerk of the -county wherein the s·ale is made.
Penalty, A viol-ation of any of the pro-visio-ns of th:is section by any
pers•on engaged· in the busines·s of seiling, leasing or otherwis:e trans-
ferring such firearm is· a mis·de~eano·r.
Ac.t not to a.pply t:o wholes·alers. This. section shall ll'ot apply to
wlw}es•al·e dealers in their busines-s intercours:e with retail d·e•alers,
nor to wholesale or retail dealers in the regular or ·ordinary trans-
. porta;tio u of unltota_.d·ed :firearms -as merc!htandis'e by mail, expres1s oi
o-ther mo•de of shipment, to points outside of the city, city ~and county,
town o·r municipal corporation wherein they are situated,

666

AG000050
 DEADLY WEAPONS. .Act 1970,·§ 9
Form of re.gist.er. The register provided for in this act shall be S•Ub-
·Stantially in t·he following forni:
Form of Register.
Series No.--
.
.Sheet No.-.-
ORIGINAL •.
Dealers' Record of B·alle of Revolver or Pistol.
State o·f ·O'aliforni,a.
Notice tn de,allers: 'This original· is ,fQ'r your :files. If. spoil~d in
making out,. d-o not de-stroy. . Keep in books1.. · Fill! o-ut in d·uplic•ate.
Carbon. duplicate must be maile·d on the evening of the 'aay of sale,
to .head of police commissioners., c:hie£ of police, . ·cd.ty :marshal, to·wn .
marshal or other he·ad of the police department. of the municipal cor-
' po·r:ations wherein the sale is made, or to the county clerk of yom
· county if the sal~ is mia·d!e in a distri·ct where there is. no munic~pal
police department. V1olation of tihis law iS'..'a. mis·.demeano.r. Us·e car-
bon paper. for d.uplicate. U S'e indelible pen:cil. ·
Sold! by - - Salesman ·--·
City, town o-r township - . -
D'es0ription of arm (state whether revolV'er or ·pistol').___:_
Maker -·- . Number - - . Oalibe·r - -
N arne of· purch,as'er ~ age -·-·· · ye·ars· ..
Permanent residence' (state name -of eity, town or towns·hip, street and
n:umber of dwelling) - · - · '
Height--. fee:t - . - inc.hes.. Occupation·~
Color --·skin -.- eyes - · - hair - - ,
i. If traveling or in }ocality tel'nporarll,y; give· local addre·ss, -:----~~
Signature otf- purchas·er - - .
(,Signing ~ :fictitious name or address is· a misdeme;anor.) (To be signed
in duplicate.)
Witness - - , salesmam
(To be sign·ed in dupld:cate.)l
Seriea No.--
Sh:eet No.--
DUPLICATE.
Dealers' Record· of :S1ale of Revolver or PistoL
Btate of Oalifornia.
Notice to ·dealer.s.: This carbon driplli.CJate must be mailed on the
evening. of the CLay of s,alJe as· ~;~•et forth in. t:he original of this
register page. Violation of this law is a misdenieanorl
Sold by -.~ ,sa1es,m.an ---:-
City, town or township - -
Description of ,arm· (state whether revolver or pistol)
Maker - - numhe·r - - ·· c•aliber - -
N arne of purc:haser - .- •age· ·--. years.
Ferm·anent addte.ss (state ri1ame of city, town· or townsJ:J.ip,· street and
number of dwelling) -··-·
Height -·- · feet--.- incJ:J.es. ·occupation - -
. Color --·skin - eyes -··- · h·air: - -
If baveling or in loc-ality temporarHy, give local addr-ess - -
Sign,ature of :p111rc.has•er ~

667

AG000051
-----.--~----~---

4ct 1970, §§ 10-13 GENERAL LAWS.

(Signing a :fictitious name or address is a misdemeanor.) (To be signed

in duplkate.)
Witness - , s·ales.man.
(To _be sd.•gned in duplic.ate.)
§ 10. Restrictions o~ trans,fe:r of cert:ain firearms. No person sbal.l
sell, deliver or oth.e-rw1s·e. trans•fe1· any p1st.ol, r•e.volver o·r other firearm
capabJ.e of being conce•ale·cl upon the person to •any pers·on whom he· has
cause to believe to be within .an.y of the classes prohibited by section
tWO hereof from OWning Ol' IJ'OS•SeSSing SUch firearms·, nOr to. 1a11y minor
under the· .age of eighteen years. In n·O event s:hal!J any suclh :fire·arm
be .deHvere.d to the purcha.s•er upon the· ·d,ay o·f the appHcation ·for the
purc.hase thereof, and when delivered such firearm shall be -securely
mapped and shall be unloaded. Where neither party to the transaction
h.oJ.ds a deal.er's license, no pers,on .sha:).U.. s•eU or otherwis·e trans·fer •any.
SUc•h :firearm tO• any oth•er person within this state wh·o is ilot perS!Onally
known to· the vendor. Any violation 'of the provisionS! of this s•ection
shall be a misdemeanor.
§ 11. Local licenses. for sal~ of ce·rt!a.in firearms. ·'The. dluly consti-
tute& licensing a;uthorities. o·f a.ny c•ounty, city and .county, city, town
or other municipal•ity wHhin this s.tat:e·,. may grant licenses in form
prescribed, by the attorney general, effective for not more than o·ne
year from date of issue, permitting tb,e licensee to sell at retail within
the s·aid •county, city and coun.ty, dty, town or other munieipality
pi&tols, revolvers, •and other :firearms capabl-e of be·ing con·ceale·d ·upon
the person, subjec't to the following conditions, for breach of any
of which the lic•ens·e s:ha11 be subject to •forfeiture:
1. The business shall be c•ar~ied on only in the bui1ding designated
in, the 1i cens·e·.
2. The licens,e· or a copy thereof, certified by t'h:e is·s.uing authority,
s•hall be· dispJ,ayed -on the premises where it can e•asily be· re-ad.
3. No pistol or revoLver Hh.a.U he· ·delli.veredi
(a) On the d.a.y of the application for t:he purchase., and. w:heli deliv-
·.ered s1tall he unloaded and securely wrapped; nor
(b) U nless1 the purc.ha.ser either is personally known to t'he s;eUe;r ·
or shall pres,ent Clear evidence of his. identity. ·
4, No pist-ol or revol.ver; or imitation thereof, or plac.arru •advertising
th·e s·ale or other tr·ans.fer thereat£, SJh.all be displ,aye·d' in any part of
said .prem.is.es ,Fhere it· can rea~il'Y be see'D.. fro·m t1J.e outside·.
§ 12. P'enalty for dealing in certain firearms without license. Any
. person who·, witib.out hei'ng li0ensed a.s, above, provided; engages in the
busines•s of s·elling or otherwise tr,ansfe.rrin,g, or w'ho· advertises• for
s•ale, or offe·rSJ or exposes. ·for s·ale · or t-ransfer, a-ny pi.st.o1, re•volver or
other . :firearm . oopable Oif being conc1e·aled upon the person is· guilty
. Qf a misdemeanor.
§ 13.. Tampering. with marks on certain firearms. · .Penalty. No per-
s-on shall c·hange, alter, remo·:ve·, or oblit~r~a.te• the name of th•e ma.ke·r,
model, man:tJ.f,acturer's number, or oth,er mark of identifieation on any
pistol or revoliver.- P·os·s·es•sion of. any .such firearm upon. which. the s.ame
shall hav.e b.een. eh.anged, ·altered, removed,. or ob1iter•ated, shall be
presumptive evidell!c:e that su-ch posses:s•or h.a.s c~anged-, aLtered, removed,
or obliterated the· same. Violations of this: &ection shalil •be punished
668

AG000052
 DEAF AND BLIND ASYLUM. Acts 1980, 1981
i
by imprisonment in the st,ate prison f.or not les-s than one year nor.
mo:r:e · th·an :five ye•arSI.
§ 1.4. Expiration of· current license•S·. AU licens·es heretofore issue·d
withil1 this state permitting the ·C•arrying. of pistols: or re·volvers c·on~
cealed upon the. person shtaltl expire :at midnight of. De·cembe·r 31, 1g,24.
§ 16. Antique pd.s:tols, etc. T'his· act shall not ·apply to antiq:ue pis-
tols or revolvers inc•apable of us'e as such.
§ 16. Constitutionality. If ·any section, s:ubs,ection, senten.ce, c,lause
or phrase o·f this a;et is for 'any reas:on held! to be· unc•ons•titutional such·
decision shaF!J J.iot affe·ct the v1alidity of the remaining portions- of this
a0t. Tthe · loegistlature hereby declares• th•at it wou]dJ have· passed this
act and e'ach section, subsection, sentence·, clause and· pJ:Lras-e thereof, ·
irre-spective of the fact that any one- or ,more other section~:?, stU.bs-ec-·
tions, sentences, 'clauses o·r plhilases be decLared unco-nstitutional.
§ 17. S.ta.ts. 19-17, p•, 221, rep·e,aled. That •c.ertain ·act entitled, "An
act ·relating to andi regulating th·e· Ctarrying, poss-e-ssion, ooLe or · othe·r
disposition of :firearms capabl'e .of be•ing con.cealled up•on the pei·son;
prohi'biting the posse-ssion, . carrying, m~nufacturing and. sale of cer-
tain· other dlanger:ous weapons and the giving, transferri:r;tg and P,isposi-
--: '•
tion thereof to other pers,ons· within this s;tate.; · providing for the
registering of the sales. of :fi.retarms; prohibiting t'he ·carrying or ._pos.:-
sessrion of co·n0e·a1ed!. weapons in municipal <:,orporations';. pro,yi·d.ing ·for
the d-estruction ·o.f certain . dangerous W6tapons as nuisances and mak-
ing it a felo-~y to use· or attempt to use cert,ain d,angerouSJ weapons·-
agajnst ·another," ap•pro-ved May 4, 1917, is hereby repealed,,
This aet is constitutional: Ramirez, In re, 67 Cal. Dee. 468.

TITLE. 152.
·DEAF AND BLIND ASYLUM.
AJOT .1980. . .
A.n act to provide for the separation of the deaf and the blind depart,
ments in the California School for the Deaf and the Bli;nd. · · · ·
[Approved·.April-1;· 1915·. -Stats. 1915, ·p. 20.. In effect August 8, 1915;]· .
§ 1. S·e:P·aration of deaf .and Q~d departmeints.
. .
. § 1. Separation. of deaf and bJ.ind Q.ep.artmen:ts. The bo·ard of ·dire·c.-.
tors of the California -8~hoo1 for t4e Deaf and the Blind. are hereby
authorized t{md. empowered, with a vi.ew to. the sepa11~tion .of the de-
partme-nts of the· ded and tl1e blind. in· said' school, to sellect. and
purchase {LS SOOn as the ne0essary fundst cfo·r said pUl'J?OS1b ·sli.all have
been ·appropriated, and subje-ct to thoe ·ap-proval ·of the state bo·ard of
control, ta sruitable tract of l:md for tlw purpos/6 of effe>Gting said
separ-ation. . . .
California School for Deaf: See Pol. Code, § 2236 et seq.
California School for Blind: See Po~.· Code, § 2251 et seq._
ACT 1981.
Powers· of directors. [Stats. 1875-76; p. 686.]
California School for Deaf: See Pol. Code, § 2236 et seq.
California School for Blind: See Pol.. Code; § 2251 et seq. ·
66·9

AG000053
 STATUTES OF ·cALIFORNIA

CONSTITUTION OF 1879
As Amended

MEASURES SUBMITTED TO VOTE

OF ELECTORS, 1922

·GENERAL LAWS, AMENDMENTS TO CODES,

. RESOLUTIONS, . .
· CONSTITUTIONAL AMEN.DMENTS

PASS ED AT THE

REGULAR SESSION OF THE

FORTY-FIFTH LEGISLATURE

1923-.

CALIFORNIA STATE PRINTING OFFICE .

FRANK J. S:MITH, Superintendent
S.A..CRAMENTO, 19.23

A 27172

AG000054
 ~~~ .. ~--------

..
Ch. 338] FORTY-FIFTH SESSION. 695
treasurer or the inheritance tax appraiser of the county of the
';..'.

superior court having jurisdiction as provided in section

fifteen o£ this act. .
· ( 6) This a-Ct shall become effective and in force contempo- Act takes
raneously with the taking effect of amendments to sections one effect.
thousand four hundred one and one thousand four hundred
two of the Civil Code, which amendments were enacted at the
forty-fifth session of the legislature of the State of CaJifornia,
and known as chaptm~· eighteen of the statutes of 19·23, and
not otherwise.

. CHAPTER 338.
An act to add a new section to the Civil Code to be numbered
three tho~tsand fifty-one a, fixing a lim~t on the amount of
a lien on property .held under. the provisions of section
three thmt.sand fifty-one of satid code.
[Approved June 13, 1923.]
The people of the State of California do enact as follows:
SECTION 1. A new section is hereby added to the Civil
Code to be numbered three thousand fifty-one a and to read
as follows : . . · .
3051a. That portion of any lien, as provided for in tlie Limitation
.
next prece d1ng .
section, . excess of .one .h un dre d d oll ars, f or recoverable.
In on amount.
nny 1vork, ·services, .care, or safekeeping rendered or. performed.~~~~~n
at the request of any person other than the holder of the legaln?tice not
title, shall be· invalid, unless prior to commencing any such gJVen.
work, service, care, or safekeeping, the person. claiming such
·lien. shall give actual notice in· writing either by personal
service or by registered letter addressed to the holder. of the
legal title to such property, if knowri.. In the case of auto-·
mobiles, the perso:ri.. named as legal owner in the registration
Gertificate, shall be deer,ned· for the purpose· of this section, as
the holder of the legal title.

CHAPTER 339.
An act to control and regulate the· possessi.on, sale and .use
of pistols, revolvers and. othe;r firearms capable of being
concealed upon the person; to prohibit the manufact~we,
. sale, possession or carrying of certain other dangerous
. weapons within this . state; to provide for registering all
sales of pistol.s, revolvers or other firearms capable of being
concealed upon -the person; to prohibit the carrying of
concealed firearms except by lawf~tlly authorized persons;
to provide· for the confiscation and destruction· of· suc"A
weapons in certain cases). to prohibit the ownership, use,
or possess'ion of any of such. weapons by certain classes of
persons; to prescribe penalties fo1~ V·iolations of this a,d
and increased penalties for. repeated violations hereof). to

AG000055
696 STATUTES OF CALIFORNIA. [Ch. 339
/

iB/n·thorize, in proper cases, the granting ·of licenses or

perrnits to carry fi1·ea1·rns concealed ttpon the. person; to .
. provide for licensing retail dealers i?J; stteh firearrns and
regtt.Zating sales thereunder; and to repeal chapter one
htmdred forty-five of California statutes of 1917, relating
to the sarne subject. ·
[Approved June 13, 19·23.]
'Phe peop.Ze of the State of CaUfornia do enact as foUowiS: ·
Manufacture, SECTION 1. On and after the date upon which this act
sale, carry-
ing, etc., takes effec.t, every person who within the State of California
certain
dangerous manufactures or causes to he manufactured, or who imports
weapons
prohibited. ·
into the state, or who keeps for .sale, or offers. or exposes for
sale, or who gives, lends, or possesses any instrument or
weapon of the kirid commonly known as a blackjack, slung-
shot, billy, sandclub, · sandbag, .or metal knuckles,= or who
carries concealed upon his person any explosive substanc·e,
other than fixed ammunition, or who carries· concealed upon
his person any dirk or dagger, shall be guilty of a felony and
upon a conviction thereof shall be· punishable by imprison-
ment in a state prison ~or riot less than one year nor for more
than five years. · .
Aliens and SEC. 2. On and after the date upon which this act takes
felons must .
not possess effect, no ilnnaturalized foreign born person and no person who
certain
firearms. has been convicted of a felony 'against the. person or property
of another or against the government of the United States or.
· of the Stafe of California or of any political subdivision thereof
shall own or have in his possession or under his custody or
control any pistol, revolver or other firearm capable 6f being
concealed upon the person•. The terms "pistol," "revolver,"
and ":firearms capable of being concealed :up_on the person" as ·'·
used in this act shall be construed to apply to andinelude all
firearms ~aving a barrel less than twelve inches in length. Any
person who ·shall violate the provisions of this section shall
be g:uilty of a felony and upon· conviction thereof shall be
punishable by imprisonment in a state p~ison for not less than
one year nor for more than five years.. ·
Committing · SEc. 3. If any person shall commit or attempt to commit
·felony while
carrying any felony within this state while armed with any of the ! '
rlangerous·
weapons mentioned in section one hereof or while. armed with I
weapon ..
any pistol, revolver or other firearm ·capable of being concealed
upon the person, without having a license or p·ermit to carry
f
such firearm as hereinafter provided, 1;1.pon conviction of such .
felony or· of an attempt to commit such felony, he shall in·
addition to the punishment prescribed for the crime of which
he has been convicted, be punishable by imprisonment .in a
state prison· for not less than five nor for more than ten years.
Such additional period of imprisonl!lent shall commence upon
the expiration or other termination. of the sentence imposed
for the crime · of which he stands convicted ·tmd shall not·
run concurrently with such sentence. Upon a second convic-
tion llnder like chcl?-mstances such additional period of impris-

AG000056
 Ch. 339] FORTY -FIFTH SESSION. 697

onment shall be for not less than. ten years nor for more than
fifteen years, and upon a third conviction under like circum-
stal:rces such additional period of imprisonment shall be for
not less than fifteen nor for more than twenty-five years, such
terms of additional imprisonment to run consecutively as
before. Upon a fourth or subsequent conviction under like
circumstances the person so convicted. may be imprisoned for
ljfe or for a term. of years not less than twenty-five years;
within the discretion of the court wherein such fourth or
subsequent conviction was had. · · ·
. In the trial of a person charged with committing or· attempt~ Eridence.
ing to commit a felony against the person of another while
armed .with any of the weapons mentioned in section one
hereof, or while ·armed with. any pistol, revolver or other fire-
arm capable· of being concealed upon the person,· without hav-
ing a license· or permit to carry such firearm as hereinafter
provided, the fact that he was so armed shall be prima facie
evidence of his intent to commit such felony. ·
SEc. 4. In no case shall any person punishable under the :No probation
. preceding sections. of this act be granted probation by the ofor ·Sentence. smpension
trial court, nor shall the execution of the sentence imposed
upon such person be suspended by the court. ·
SEC. 5. Except as otherwise provided in this act,· it shall Ca.rr~ing
: :.
~.
be unlawful for any person w:ithin this state to carry con- ~~~~~~~
cealed upon his person or within any vehicle which is under ~itho.ut
his "control or direction any pistol, revolver or other firearm cense.
capable of being concealed upo:r:t tlie person without having
a license to car:ry such :firearm as hereinafter provided in
section eight hereof. Any person who violates the provisions
o"f this. section shall be guilty of a misdemeanor, and if he
has been convicted previously of any felony, or of any crime
made punishable by this act, he is guilty of a felony.
This section shall not be construed to prohibit any citizen Exceptions.
of the United States, over t4e age of eighteen years, who ·
resides or ·is temporarily sojourning within this state, and'
who is not within the excepted classes prescribed by section
· two hereof, from owning, · possessing or keeping within his
place of residence or place of business any pistol, revolver or
other firearm capable of being concealed upon the. person, and
no permit or license to purchase, ·own, ·posseSs or keep any·
such firearm at his place of residence or place of business
shall be required of any such citizen.·· Fireal'Ill,s carried openly
in belt holsters shall not be deemed to. be concealed ·within
th~ mean1ng of this section, nor. shall knives which are carried
.· openly in sheaths suspended from the waist of the wearer.
SEc. 6. Nothing in the preceding section shalf be construed Police .
t O app1y t o or a ff ect sh en'ffs, .const. a· bles, marsh a·1s, po1'Icemen, officers sol-
diers 'etc.
whether active or honorably retired, Qr other duly appointed excepted. '
pea·ce officers~ nor to any person summoned by any such officers
to assist in· making· arrests· or preserving th~ peace while said
person so summoned is actually engaged in assisting such.
officer; nor to the possession or transportation by ally mer-·
· chant of unloaded firearms as merchandise; nor to members of

AG000057
.---

698 STATUTES OF CALIFORNIA. [Ch. 339

the ·army, navy, or marine corps of the United States, . or the

national guard, when on duty, or to organizations which are
by law authorized to purchase or receive such weapons fro:in ·
the United States, 01" from this state; nor to duly authorized
military or civil organizations while parading, nor to the mem-
bei·s thereof when going to and from the places of meeti1ig ·
of their respective organizations; nor to· members of any club
or organization now existing, or hereafter organized, for the
purpose of practicing shooting at targets upon the established
target ranges, whether public or private, while such members
are using any of the firearms referred to in this act up.on such
target ranges., or while going to ·and from such ranges; or to
licensed hunters or fish.erinen while engaged in hunting .or
fishing, ()r while going to or returning from such hunting or
fishing expedition.
Nuisances. SEc. 7. The unlawful· concealed carrying upon the person
or within the vehicle of the carrier of any dirk, dagger, pistol,
revolver, or other firearm capable of being ·concealed upon
the person, is .a nuisance. .Any such weapons taken from the
person or vehicle of any person unlawfully carrying .the same
are hereby declared to be· nuisances, and shall be surrendered
to the magistrate before whom said person shall be taken,
except that in any city, city and county, town or other munic-
ipal corporation the sa.me. shall be surrendered to the head of
the police force or police department thereof. The officers to
Destmction .whom the same may be so surrendered, except upon the certifi-
of weapons.
cate of a judge 6f a court of record; or of the· district attor-
ney of the· county, that the preservation thereof is necessary or
proper to the ends of justice, shall annually, between the. first
and tenth days of July, in each year, destroy or cause to be ·
. destroyed such weapons to such extent that the. same shall
become and be wholly and entirely_ ineff~ctive and useless for
th~ purpose for which it was manuf~ctured; ·provided, how-
. eve1·, that in the' event any such weapon has been stolen and
is thereafter recovered from the thief or his transferee, the
same shall not be destroyed but shall be restored to the lawful
. owner thereof, so soon as its .use as evidence has been served,
upon his identification of the weapon and. proof of ownership
thereof. Blackjacks, slungshots, billys, sandclubs, sandbags
and metal k11uckles are hereby declared ·to be nuisances and
shall be subject to confiscation and summary destruction
whenever found within the· state; pr_ovided, th~t upon ·the cer- .
tificate of a judge or of the district attorney that the ends of
·justice will be. subserved thereby, such weapon shall be pre~
served until the necessity for its use ceases. · ·
Licenses to
carry SEc. 8. It shall be lawful ·for the sheriff of a· county,
firearm:;.
and the board of police commissioners, chief of police,· city
marshal, town marshal, or ·other head of the police department
of any city, city and county, town, or other municipal corpo-
ration of this· state, upon proof before said board, chief, marshal
'or other police head, that the person applying therefor is of
. good . moral character., and that good c9-use exists for the .
issuance thereof, to issue to such person a lice:rise to carry con-

AG000058
 Oh. 339] FORTY-FIFTH SESSION. 699

cealed a pistol, revolver or other firearm for a period of one

year from the date of such license. All applications for such Applicatiuns.
licenses shall be filed in writing, signed by the applicant,·
and shall ·state the name, occupation, residence and business
address of the applicant, his age, height, weight, color of
eyes and hair, and reason for desiring a license to carry
such weapon. Any license issued upon such application shall
set forth the foregoing data and shall, in addition, contain
a description of the weapon. authorized to be car~ied, giving
the name of the manufacturer, the serial number and the
. caliber · thereof. When such licenses are · issued by a
sheriff a record thereof shall be kept in the office of the county Record.
clerk; when issued by police authority such record shall be
maintained ·in the· office of the authority by whom issued.
Such. applications and licenses shall be uniform throughout
the state,upo:ri forms to be prescribed by the attorney general.
· SEc. 9. Every person in the business of selling, leasing or De~lers
.otherwise transferring a pistol, revolver or· other firearm, of registers.
a size capable of being concealed upon the person, whether
such seller, lessor or. transferrer is a retail dealer, pawn-
bl'loker or otherwise, except as hereina:fter provided, shall keep
a register in which shall be entered the time of sale, the date of
sale,· tht> name of the salesman making the sale, the plaee
where sold; the make, model, manufacturer's number, caliber
or othP,r marks of identification on such pistol, revolver or.
other nrearm. · Such register . sliall be. prepared by and
obtained from the state printer and Rhall be furnished by the .
state printer to said dealers on appHcation at. a cost of three Cost.
dollars per one hundred leaves in duplicate and shall be in
the form hereinafter provided. The pur.chaser of any· fire-
arm, eapable of bein:g concealed upon thr. person shall sign,
and the dealer shall require hiiu to sign his na.me and affix Signatures.
his address to said register in duplicate and the salesman shall
affix his signature in duplicate as a witness to the signatures of
the purchaser. Any. person signing a fictitiot~.s name .or address
.
is gnilty
•
of a misdemeanor.
• .
The duplicate sheet of such Disposi.tion
• of dupllcate
registP.r shall on the evemng of the day of sale, be placed In sheets.
tbP maiL postage prepaid and properly addressed to the board
of police c.ommissioners, chief of police, city marshal; town
marsha] or other head of the police department of the city, .
. ~ity ann county, town or other municipal corporation wherein
the sale was made; proV?:ded, that where the sale is made in a
district. where there is no mnnicipal police department, said
duplicate .sheet shall be mailed to the cou.nt.y clerk of t.he
:';
!t·' r.onnty wherein the sale is made. A violation of any of the Penalty. ·
r.:
·->
provisions of this section by any person engaged in the busi-
ness of selling, leasing 9r otherwise transferring such fire-
arm.is a misdemeanor. This seytion shall not ~pply to whole-
sale dealers ·.in their business intercourse with retail dealers,
nor to 1vholesale or retail dealers in the regular or· ordinary
transpol"tation of unloaded firearms as merchandise by ·mail,
exprP.::-<'? or other mode of shipment, .to points outside of the
city, city and county, town or municipal corporation wherejn

AG000059
 -------- ~-----~-­

1
'..
.
.
-~}1

'700 . STATUTES OF CALIFORNIA. [Ch. 339

Form nf
register. · they are situated~ The register provided for in this act shall
. be substantially in the following form:
F;orm of Register.
·Series No. _____ _
Sheet No. _____ _
ORiGINAL.
Dealers'. R-ecord of Sale of Revolver or Pistol.
"State of California.
Notic~ to dealers : .This original is for your files. If spoiled
.in making out, do not destroy. Keep in books. Fill out in
duplicate.
· Oarhon. duplicate must be mailed on the evening .of the day .
of sale, to. head of police ~ommissioners, chief of police, city
marshal, town marshal or other head of the polic.e department
uf the municipal corporations wherein the sale is. made, or to.
the county clerk of your county if the sale is made in ·a district ·
where there is no. municipal poli~e department. Violation of
thjs la\V is a misdemeanor. Use carbon paper ·for duplicate.
use .indelible pencil. . .
Sold by-~'-------~------------ Salesman_________________ _
.Cit:v, ·town or township. ____________ .:. . __ .:._---,-----"---------
Dr.scrjpt-ion of arm (state whether revolver or pistol)--~--..,--
Maker ___ ..,.--------------- Number""----- ___ · Caliber _____ _
Na.me of purchaser ___________ ;_ ___ age __ .:._ ____ ,..._..:. ____ years.
Permanen.t residence (state name· of city, town or township,
street and :tmin.ber ·of dwelling) ______ . :. _____ _:_ ____ .,.:_...; _______ .·
Heiglit ___ _:_ __ feet_ ____ jnches. Occupation______·. :. _______ _
n.,o l or ,.. _____________
· · s1·
nn_.:.. ______
· eyes ________ h a1.r
· _______ _
If traveling or in locality. temporarily, give local address
------- .. -------- __: __ -------- ------ ____ ___ - --
~-------:._- _-:. ;._
. . .
sig~~tl;;;-~f:-p~;;h~;;r~-:_-_-_-_-_:-_-_-_-_-_-~---~-~-----_-_-_-_-_~~--_-.:... ____________
(Signing a fictitious name or address is a misdemeanor.) (To
be signed in duplicate.). . · ·
·Witness _____ . .:. ___ _:_ _________ , salesman.
(To be signed in d:uplica~e.') ·
Series No ...----"'-
Sheet No. ______ _
DUPLICATE.
. . .
Dealers' Record of Sale ·of Re;volver or Pistol.·.
State of California;
Notice to dealers: This· carbon duplicate must be mailed
on the evening of the day of sa:Ie as set forth in the original
of this register page. Violation of this law is a misdemeanor.
;_Sold by _______ .:.__~ _______ _:_ __________ Salesman ___ _:__:_ __ ~--
Oity, town or township ~--------~--------------·--~----- .
.Description of arm (state whether revolver or pi;stol) ------·--
.Maker· ------~---------_: _______ .number ______ caliber _____ _

AG000060
 Ch. 339] . F.ORTY-FIFTT-I SESSION. 7.01.

Name of purchaser -------------'---------'-age ______ years.

· Permanent address (state name of city, town or township,
street and number of dwelling)~------'-~--------------------
Height_ _____ feeL _____ inches. Occupation --------~-------
Color· ·-- ._· _____ :--- __ skirL _..:._-:- __ eyes_:.. _______ hair ________ _
If traveling or in locality temporarily, give local address

Signature 6f purchaser----------~-'-----------~---------­
(Signing a fictitious name or address is a misdemeanor.) (To
be signed in duplicate.) ·
Witness..:. ______________ . ., ____ , salesman.
(To be signed in duplicate.)
SEc .. 10. No person shall sell, deliver or otherwise _transfer ~~st~;;~~}~~s
any pistol, revolver or other firearm capable of be1ng con- of certain
cealed upo'n the person to any. person whom he has cause to firearms.
believe to ·be within any of the classes prohibited by section
two hereo·f from owning or possessing such firearms, nor to any
minor underthe age of eighteen years. In no event shall any
such firearm be delivered to the purchaser upon the day of the
application for the purchase thereof, and when delivered such .
firearm shall .be securely wrapp~d and shall be unloaded.
vVhere neither party to the transaction holds a dealer >s license,
no person shall sell or otherwise transfer any .such :firearm
to any other person within this state who is not personally·
lmown to the vendor~ Any violation of the' provisions of this
section shall be a misdemeanor.
· SEc .. 1L The duly constituted licensing authorities of L1_ocal "r
any county, City . an d county, mty, . .. . l"t
town or oth er municipa 1censeo or
1 y sale of cer"
within this state, may grant licenses in form prescribed by the tain firearm 3,
attorney general; effective for not. more than ·one year from .
date of issue, permitt~ng· the licensee to sell at retail within·
the said. county, city arid .county, city, town or· other munic-
ipaJity pistols, revolvers, and other firearms capable of being
coneealed upon the person, subject to the folloWing conditions,
for breach of any· of which the license shall be subject to
forfeiture: ·
1. The business shall be carried on only in the building
.designated in the license ..
· 2. 'rhe license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can
easily be read. .
3. No pistol or revolver shall be delivered .
(a) On the day of the application for the purchase,· and
when delivered shall be unloaded and· securely· wrapped; nor
(b) Unl~ss the purchaser either is personally known to the
seller or shall present clear evidence of his identity.
4. No pistol or revolver, or imitation thereof; or placard
advertising the . sale or other transfer thereof, shall be-displayed
in any part of said premises where it can readily be seen "from
the outsiqe. ·

AG000061
 702 STATUTES OF CALIFORNIA.

~:~\~~~i~~r bSEc. 12. 'dAdny perso~ who, ~ithout being licensed as

· certain_fire-· a ove prov1 e , engages m the business of selling or otherwise
f errmg,
arms without ·.t rans·..
license. · or wh o. a d ver t'1ses ·for· sa1e, or off ers or exposes f.or
sale or transfer, any pistol, revolver or other firearm capable
of being concealed upon the per,son is guilty ·of . a misde-
meanor. ·
Tampering
with marks SEc. 13. No person shall change, alter, remove,. or oblit-
on certain
fire:t!·ms.
erate the name of the maker, model, manufacturer's number,
or other mark of identification on any pistol or revolver.
Possession of any such firearm upon which the same shall
have been changed, altered, removed, or obliterated, shall be
presumptive evidence that such possessor has changed, altered, ·
Pr.nalty. removed, or· obliterated the same. Violations of this section
shall. be punished by imprisonment in the state .prison for
not less than one year nor more than five years.
Expi~ation SEc. 14. All licenses heretofore issued within this state
of cm·rent
licenses.
· ·
perm1ttmg t h e carrying
· of p1sto
· l s or revolvers concealed 'upon
the· person shall'expi:re at midnight of December 31, 1924.
Antique
pistols, . etc.
SEC. 15. This act shall not apply· to antique pistols or
revolvers incapable of use as·such.
Constitution- SEc. 16~ If any section, ·subsection, sentence, clause or
ality. pfl.rase o~ this act is for any reason held to be unconstitutional
such decision shall not affect the validity of the remaining
portions of this act. The legislature hereby declares that it
would have passed this act and each section, subsection, sen-
/ tence,· clause and phrase thereof, irrespective of the fact that
any one or more other se·ctions, subsections, sentences; clauses
or phrases be declared unconstitutional.
stats. 1917, SEc. 17. That certain act entitled, ''An act relating to
::~P~~t~~- . and regulating the carrying, possession,· s_ale or other disposi-
tion of. firearms capable of being concealed upon the person; .
. prohibiting the possession, carrying,· manufacturing and sale
of certain other dangerous V'\ieapons and the giving, transfer-
ring and disposition thereof to other persons. within this state;
providing for the registering of the sales of firearms; prohjbit-
irig the carrying or possession of concealed weapons in munici-
. pal corporations ; providing for the destruction of certain
dangerous weapons as nuisances and making it a felony to
use or attempt to use certain dangerous weapons against
another," approved May 4, 1917~ is hereb3r repealed.

AG000062
 .,~- . "·--·

'
c· A L I ·F 0 R N I A LEGISLATURE-··
..
F 0 R T Y~ - F. I F T H S E S .S I 0 N, - ·. 1 ·9 2 3

;.
!
;
..... ·.

Final Ca~lendar of.

, Legislative Business
· History and lnd~x of all_ Senate
and Assembly Bills, Constitutional
Amendme~ts, Joint and Concurrent
' .
'

Resolutions Introduced

;t.··

<
: ·.
Also List of Officers and MeiiJ.hers,
Standing Committ~es and
Attaches of the Senate
and Assembly

Compiled under the direction of

JOSEP:M A. BEEK, Secretary of the Senate and ·
ARTHUR A. OHNIMUS, Chief Clerk
of the Assembly .
;.·.

~ .
. ' . . ..lv···.

.,_

..
;;
. CALIFORNlA_ STA~E PUINTING OFFICE
FRANK J. SMITH, Superintendent
. ~
. SACRAMENTO, 1923
. 27155

AG000063
---. -----~------------------ --------- ---------------·-··--------~---------~---- - -- ----·

.l-.

ASSEMBLY FINAL HISTORY

FORTY-FIFTH SESSION

COMPILED UNDER DIRECTION·OF

. ARTHUR A. OHNIMUS, Chi~£ Clerk

ELLSWORTH E. EUSTICE, .A:ssistan.t Chief Clerk
..
DURATION OF SESSION·
·First ·Half-} anuary 8-Febru~ry 2, inclhsive, 1.92~
Second Half..,.-March !5-,-May 18, inclusive, 1923
(Duration, 101 days)

f '.

21-:-271Qp .AFH

AG000064
 '
128 FINAL CALENDAR OF LEGlSLATIVE BUSINESS.

260-Emme, Jan. 24. To Corn. ori Ins.

An act to amend section 29 of the "\Vor)rmen's Compensation Insurance. and
Safety Act of 1917," as amended, to permit the revocation of ·certificates. of
self-insurance, to make failurP to secure the payment of. compensation a mis-
demeanor, and to require employers to furnish the Industrial Accident· Com-
mission with statements showing the name of their insurance carder or. how
they have secured the payment of compensation.
Jan. 24-Read first time. To printer.
Jan. 26.,.-Freim printe,r. To committee. .
Mar. 15-From committee with recommendation: Do pass.
Mar. 19-Read second time. To engrossment.
Mar. 23~ReporteQ. correctly engrossed.
April 9-Read third time, passed, title ap.proved.
April10~To Senate. .
April10---"-In Senate. Read first time, and referred to Com. on Ins. To committee.
May 4--From committee with recommendation: Do pass.
May 9<-Read second time.
May 10-Read third time, passed, t~tle approved. To ~ssembly.
May 10~In Assembly. To enrollment.
May 16--Reported correctly enrolled. To Governor; ::).t 1.30 p.m.
June 22-Pocket veto· by Governor. ·

...:
261-Emrne, Jan. 24. To Corn. on L. & C.
An act to amend section 3 of an act entitled, "An act requiring· employers to
provide hospital service for their employees and to make a charge therefor
. and to keep records and accounts of all such charges and to make an a~nual
written report thereof; requiring each· such charge to be just and ·reasonable·
and to be devoted to n_o other ,purpose than .such hospital service and prescrib-
ing penalties for the violation of the provisions thereof," approved June 8,
1915, as amended.· · · ·
.Tan. 24-Read first time. To printer.
Jan. 26-From printer.. To committee. ·
1\~)ay. 18~Fr·om commilbtee witho•uJt recomm€nd·ation.

26~-·Weller, Jan. 24. To Corn. on J ud.

An act to add a new section to the Civil Oode, to be numbered 2957a, relating to
the filing oJ memorandum of conditional sales contracts and. certain leas·~s .. ·
J.an. 24-Read first time. To co·m. on Rev. & Ptg. From committee. To printer.
Jan. 26--From printer. To committee.·
May 1~From commirbtee witho·l]t recommendation.
263-.Hawes, Jan. 24. To Com. on Jud.
An act to control and regulate the possession, sale and use. of pistols, revolvers
a:iJ.d other ·firearms capable of being .concealed upon the ·person; to prohibit the
manufacture sale, possession or carrying .of certain other dangerous weapons·
within this State ; to provide for registering all sales of pistols, revolvers or
other firearms capable of being concealed upon the person; to prohibit the
carrying of cqncealed firearms. except b:v. lawfully authorized persons; to
provide for the confiscation and destruction"' of such weapons in certain cases;
to pr.ohibit the owne·rship, use, or possession of any of· such weapons by.
certain classe:;; of persons;· to prescribe penalties for violations of this act· and
increased penalties for repeated violations hereof; to authorize, in proper
cases, tb.e granting of licenses or permits to carry- fire::trnis concealed ·upon: the
person ; to provide for licensing retail d.el:J.l.e"rf'l in such firearms and regulating
sales thereunder; and to repeal chapter 145 of Cali~ornia Statutes of 1917,
relating to the same subject. ·
Jan. -24_:_Read first time. To printer.
Jan. 26--From printer. To committee.
April12--From eommittee with recommendation: Do pass as amended;
. · Apri113-Read second tl:tr).e. Amendment adopted.· 'l'o printer.
April16-'-From printer. To engrossment.
April17-Reported cori·ectly engrossed.
April27-Read 'third time.· .Amende'd. · To printer.
April30-From printer. To re-engrossment.
May 1-Reported correctly re-engrossed.
May 2-Read third time, passed, title approved. To Slenate. ·
May 2-In Senate .. Read first time, and referred to Com. on Jud: To com·
· m:itte.e. . .
1'.1ay 9-From committee with recommen.dation: Do pass as amendfld. '
May 10--:Read second time. Amendment adopted. To printer. . .
May 11-From printer. · · ·
· May HJ.-Read third time, passed, title .approved.- To Assembly.
May 17-.In.Assembly. Assembly concurs in Senate amendments. To enrollment.
May 18-Reported correctly enrolled. To Goyernor at 4.50 p.m. · -
June 13-Approved by Governor. Chapter 3,39. ·

AG000065
~~~------------------~----~-~-----~-------

.....

·:.·· .·

..._., \
,·' ;. .·

ASSEMBLY BILL . No.· 263.···

. . .'· -~ .

INTRODUCED BY MR.. HAWES,·

·~.

.,

January 24, 1923.

·'.
·REFEREED TO COM.Ml!l'TEE ON JUDICIARY.

An .act to co;,tr_ol··the possession, sale, ··and. use of. pistols ·.and.

revolvers, .to provide penalties, andJ for ·other purposes;· .·.

·· The people ·of the State. of .(Jalifornia do enact: a~ fo.lloi{)s:

·. ·1. SEcTION 1. · '-'·Pistol or· revhlver," as used in this act,: shall

2 b.e construed as meaning any firearm with barrel less than · ·
3 twelve inches in length. · • · . ! •. •

4 · S:Elc. 2. If any person ·shall commit or attempt ··to collllilJ.i; ·

'5 a crime when armed with a pistol or revolver,· arid having 1:1.0· ··
- 6 permit to carry the sam~, he shall in addition tci the punishment
7 . provided for the crime, he pu;nis1;u~d by imprisonment in :the '
8 state prison. for not less than. five nor more than ten years~ · ··
. 9 . . SEc. 3. The. judge shall have the power to senten<}e aiiy.
10: person who may be'·convicted for a second. or third offense
. 11 under section two, of this act;·to double and triple the penalty ....
·.. 12 ·.··imposed thereby, and for a fourth offense· the person so co;tl;.. · ._, :
13 ·'V~cted m~y be sentenced to perpetual imprisonment. ._ - ·
14 · . SEic. 4. · In the trial of a ,person for the com;mission :of· a·
· ·15 felony O'r of an attempt to commit a felony against the person · · · .. · ·
16 of another, the fact that h~ was armed.with. a pistol orrevolver .·. '-
17 and having no permit to carry the same 'shall be prima facie .
.18 ·evidence of his intention to commit said felony. · . .· ·:_ . . ;_
19· SEc. 5;. No u:tui.aturalized foreign-born person -and no pel'- . · · · . ·.>

20 son who has been convicted of a felony against the person or --- ·
·21 property of another m.· against the Governrnent of the United . .. . - ·
·. 22 · States or of the State of' California or any subdivisions thereof, ···
in
23 · shall own or have hls possession or under his··control, a piStol .
24 qr revolver. ·Violation of this section shall be punished·· by. . · .. ·
. 25 ·. impriso.hment i;n the state prison for not less than five years;
· 26 ' · SEO. 6. No .person shall carry a; pistol or revolver ·coil- · - ·,.,·.
·.::

27 ·.cealed_in any vehicle .or upon hi~'person,-except in his dwelling .

. . .....
-.,
. :- :: .

. .. ·~

AG000066
 ,.-. l----;:.
·- ·2--- --,; I

:-.

1. a
house or place of busl.iless; without license~ therefor ~ here-. · ...·./
.J
2. · inafter. provided. Violations of this section. shall be punished
3 by imprisonment in the state prison for not less than one yea.r
4 and upon conviction the pistol or revolver shall be confiscated.
5 and destroyed. · ·
6 SEc. 7. The -provisions of the preceding section sha1i trot
7· apply to marshals, sheriffs, policemen, or other duly appointed
8 peace officers, nor to the· regular and ordinary transportation
9 of pistols or revolvers as merchand_ise, nor to members of the
· 10 army, navy, or marine corps of. the United States,· or the
-11 national guard,_ when on duty, o.r organi_zations.j';by law author-
12 · ized to purchase or receive such weapons fron;1. the· United
13 States, or this _stat_e, .nor to chily authorized military or civil--
14 .organizations when parading, nor to the .members thereof when
15 at or going to or from their customary places of assembly.
16 S:Ec. 8.. · The judge of a court of record, the chief of police .
17 or marshal of a,' city or town and the sheriff of -a co.unty; or
18 persons authorized by any of them, shall, upon the application
19 of any person having a bona fid_e residence ·or place of business
20· within the. jurisdiction of said :licensing authority, or of· any.
21. person having a bona fide re$idence or pla0e o£ husiness within
a
22 t.he State of Cal~fornia- and license to. carry. a firearm ·con-
23 cealed upon his person· issued by the authonties- of this state
24, or, any .sul;ldivision ·. of the tJ;nited. :States, issue . a. license, to
2.5 · such person to carry a pi8:t;ol or revolver within this state
:26 · .for. not more than one yeaJ; from date of issue, if it appears ·
27 . that the applicant has good reason to fear an injury to his
· 28 p€rson or· property or for any other proper purpose,- and that.
· 29 h~- is a suitable person to he so licensed. The license shall be
30. in triplicate, in form to be prescribed by the Secretary of State
31 of the· State of California, and_ sh;:Lll ·bear the name, address-,
32 description and signature of. the licensee and the reason given
33 for desiring a license: The original thereof shall be delivered
34: to the licensee, the duplicate shall.,within seven days he sent
<.- 35. by registered-mail to the secretary of state, and the triplicate
. .,;.. . ..' 8376.·. • shall be pre~erved _for six_ years by the authority issuing said
l~cense. · . ·
. 3S ·SEo. 9. ..Any person or _persons who shall sell, bar~~r, hire,·
39 lend., or give to any minor un!ler the age of eighteen _years any
·40 . pistol . or r\:)vol:Ver shall . be deemed guilty of a misdemeanor,
4L and shall upo:o. conviction thereof be fined n0t less than- oue
42 hundred dollars nor more than _one thousand doU~rs, or; be·. ·. ·. ~1
43 imprisoned in the county jail not less. thau'thr:ee .months, nor
44 '. more tha;n one year,. or both sp.~h fine aD;d i:rp.prison:tp.e:p.t. ..
45 .. SEC~ 10. Nci person shall· sell, d,elivet, or oth.erwise tra1;1~~er I

46; a.pistoi or~,r~volver to .a person_ w;:P,o· he has re~sonable.'eaus-e to ·.!

47. believe . either is· al).. ,unuatul;'(Lliz~d jor,etg11-porn: p~rs9n or: has .
a
· ·. 4S-· been c9nvicted 0£ _felony again~t the person .or· p;roperty of
49-. another, 01~ again~':\t the: government-of the_Un,it~~ States, or the ·
· - 5:0:. State of. Callfornia. or any sul;ldivi~ion thE)r-eof, n,qr . in;. a:p.y
51 ev~nt ·:Shi1ll lifl delive:r--a,.:Pisto+. or., revolvE?r .. on the:;day of .t~e . .
5~:;, application for the.-p;urcl].a,:;}~ thereo~, a!ld w.hen"d~!r,v~red, ,s~:ud · .·

AG000067
 _..,
t··· .. :·;,"f ...

.·. . ·1. . ·.. !pi~t9l qr \reyol.ye;r sh11lt he sec:urely: wrappe\l. -and . shall be
2 unloade-d: ]3efo.re a. delivery be made thrq pur<;;hal:ler shall .sign
3.•. intriplicate. and deliver. to the seller a. statement co:utaini:g;g his ·
4 full n~me~ addr.ess; occupation, .aJ:ld nationality,··~ the date of
·. 5 · sale, the caliber, make, inodel, and manufact11rer's numb:er·of
6. the ''reap on. The, seller shall, within seven days, sign and for- .
7 ·w;:trd. by registered 1n,.ail one copy each thereof to the secretary
8 of state, .and one copy each thereof to the chief' of police of the
9·. cit3i: or town and the sheriff of the county ·.of which the seller·.
10 ·· is a resident, and sl1all retain the other copy for six years; · ' .• ·
-11 This. s.ection . shall not apply to sales at wholesale. Where . ·· _.~'
12. neither party to the_ transaction· holds a de~;tler's ·ticeiis.~, 'no·. -
13 person shall. sell or otherwise transfer a pistol or revolver to , · ··
14 any person·not pers.onally known to him. Violations of: this ::.
15 sectionshalfbepunishedby a :fine of not .less than one hun_dred
16 dollars.or by imprisonment in the COUnty jail for 110t less than
17 one year, or by both such :fine and impr~sonro.ent. . · .
18 SEc. 11. Whoeve;r, without bei11g licensed as. hereinafter .
.19 provided, sells, or otherwise transfers, advertises, or exposes . '
20 for sa!e, or transfer or has 'in his possesssion wit1:1 inteb..t to ..
· 21 sell, or oth,erwise transfer, pistols or revolvers, shall be p.rin"' . ,_.
22 · ished by imprisonme11t '·in the ·state prison for not .less·.t1ian
· 23 . two. years; . · . . . ..
24 SEC. 12. Tl.te duly constituted l}censing authorities ot auy -~-: .
.· 25 . city, town _or political suhdivisiori. of this state, may gfant : . '
26 licenses in ··form prescribed by ·the secretary of state, .effec-, · :·· .
'27 five for :p.ot more than one year from date cif'issue: permitting'
28. the licensee. to sell ~t retail within the said city ·or town or .·
. 29. political subdivision,· .pistols and revolvers~ subject to the 'fol:. .
~ 30 lowing conditions, for breach of any of which the license shall ,.
31 be subject. to .forfeiture·: . . ~--" · . . . :'\
32 1. The business shall be carried on only in the building · · . -· ·
in
q

33. designated. the license.' · · · ·· ·.

· . 34 2, .The iicense. or a copy thereof, certified by the issui!lg . ·
35 authority, shall be displayed on the premises whre it: ca,JJ. ·. ·
3 6 ·easily be read. . · / ·
37 3.. _No pistol or revolver shaH. be :de1ivered-. _.· . . . ..
'· 38 (a). On the day of the apphcatwn for the purchase,. a:q.d :. ·. •'

, 39 -vvhen delivered shall be unloaded and securely wrapped; nor · .. ··

'40 · (b). Unless the purchaser either is personally known to the
41 seller or shall·present' clear evidence of .his identity;· nor. · :. :. ...
42 (c) If the seller has reasonable cause to· believe that tli\3 : ··
·43 purchaser either is an unnaturalized foreign born person .or• ·
44 has been convicted of a felony against the· person or property: ...
45 · of another or ~gainst the government of the U1iited. ·States:·
46 or ·the State of California qr any subdivision thereof. · · ; ·
· 47 4. A true record, in quadruplicate, shail be made of eyery :......
.48. pistol· or revolver sold; said record. to be made in ·a book kept .
· 49 · for the pu-i-pose, the form of which may he prescribed by' the .

· ..· .. ,
_

. -~···· ·.

AG000068
 ·1 secretary of state, and shall be personally signed ·by the .pur- .
2 ch'aser and by the :Person effecting the sale, each in ·the pres-
3 ence of the other;-and shall include the date of sale, the cali-
4 · ber, fu,ake, model,· and manufacturer 1s number of the weapo:ri,
5 the name, address, occupation, and nationality of the pur-
6 · · chaser. One copy of said record shall, within seven days, be
7 forwarded by registered mail to the secretary of.state and one
8 copy thereof each to the :chief of police of the city or town and
9· the sheriff of ·the county. of which the seller is a resident, and
10 the other copy retained for siX: years. . . . .
11 5. No pistol or reyolver, or imitation thereof,· or placard
12 advertising the sale qr· other transfer thereof, shall be dis- ·
13 played in' any part of said premises. where it can readily be
.14 seen from the outside.· . .
· 15 SEc .. 13. If any person in purchasing or otherwise securing ·
16 delivery of a pistol or revolver or in applying :for a permit to
17 ·carry the same, ·shall ·give false information or offer false
18 evidence of his identity he shaH be punished by imprisonment
' 19 in the state· p·rison ..for not less. than five nor more
" . than ten·.
'"

20 years.
· 21 SEc. 14. No person· shall change, aHer, remove, or obliter:.
22 ate the na:r;ne of the .maker, model, manufacturer's ·number;
23 or other mark of identification on any pistol or r.evolver.
24 Possession of: any such. firearm upon which the same shall .li
25 , have heen changed; altered, removed, or obliterated, shall be ·
·26·r presumptive .evidence. that suchpossessor has changed, altered~.
27 . removed, or obliterated the same. Violations of this section
· 28. · shall ·be punished by imprisonment in the state prison· for
2H- · not ~ess than one year· nor more .than five yea.rs. .,. ·
30 S:Ec. 15 .. All licenses heretofore issued within· this state
31 ·permitting the-. carrying of pistols or revolvers concealed upon
32 the person shall expire at midnight .of December 31, 1924.
33 . ..SEC. 16. This act shall not apply to antique. pistols or
· 34 .revolvers incapable of use .as such. . .-
. 35 SEc. 17. All acts or parts of acts inconsistent herewith
36 . are hereby repealed .
. .· . . . . ~

.•\

: ~
~
1
;j

' ' 'i

0

.. ·.~
.~
···=··

AG000069
 ,..· .. -

. . . ,·. ' . . .
. AMENDED IN ASSEMBLY .APRID 13, ·1923 ..
I • .

ASSEMBLY. BILL No. 263-·

I~TRODUCED BY MR. HAWES,.

January 24, 1923 .

. REFERRED
. TO COMMITTEE
. ;..·.
ON JUDICIARY
. •

.... ,··

, ..An. act [to control and 'reguLate the possession, sale and ug~ · · '·
or pistols, revolvers and other firearms capable_ of being
.concealed upon the person/. to prohibit the manufacture,
.. ·sale, possession · or . carrying of certain · other dangerous
weap_Qns within this state_;_ to- provide for registering all
sales of pistols, revolvers .or other firearms capable of being
concealed ttpon the person)· to prohibit the carrying· of
eoncealed firearms. except- by lawfttlly atdhorized persons).
to provide {o1· the confiscation and. destruct_ion of such . . ·
we·apons in certain cases; to prohibit the ownership, use, .
or possession. of any of such weapons by r;ertain classes· of
persons)· to prescribe· penalties for. viol&tions of thi~ act
and increased p·enalties· for repeated violations hereof). to .
attthorize; in proper cases, the . granting' of licenses o·r
. permits to carry firr;,arms concealed upon ,Jhe person)· to
prO'Vid_e for licensing retail dealers in such firearms. Mid·
-regtt.lating sales {hereunder). and to repeal chapter one
htmdred forty-five .of California statutes of 1917, relatii.ng ·
to the same subJect.] · · . ·:-,,_· ·

The people of t~e State of Oalifor._nia do enact as followE:

1 SECTION 1~ [On and after the date upon which. this act
2 takes effect, every person-who within· the state of California
3 manufactures or causes to be manufa-ctur.ed, or who inipo-rts :r
4
,5
into the·· state, or who· keeps for sale, or offers ·or expo$es for
sale, or who gives, lends, or possesses any .instrum~nt. o-r .. ·.

6' weapon of the kind commonly known as a blackjack, slung-:-

7 shot, billy, ··sandclub, sandbag, oi' meta1 knuckles, or who · ·
8- carries concealed upon. his .person any explosive . s.u(lstance; .
9 other than fixed ammunition, or who carries concealed· upon
·::"

AG000070
 -~

2-
1 _his person any dirk or dagger, shall be guilty of a felony and
2 upon .a conviction thereof shall be punishable by imprison-
3 ment in a state prison for not less than one year nor for more
4 than five years.] ·
5 SEC. 2. [On and after the date upon which this act takes
6 effect, 'no unnatp.ralized foreign born person an,d ·no .person who
7 has beexl. convicted of a felony against the person or property
·8 of another or against the government of the United States or
9 of the State of California Ci!' of any political subdivision thereof
10 shall own or have in his possession or under his custody or
11 control any pistol, revolver or other firearm capable of being
12 concealed upon·. the person. The terms ~'pistol,'' ''revolver,''
13 and "firearms capable of being concealed upon the person''--as
14: used in this act shall be. construed to apply to and include all
15 firearms having a barrel less than twelve inches in length. Any
16 person who shall violate the provisions of this section shall
17 be g1;1.ilty · of a felony_ and upon-· conviction thereof shall be /
18 p-q.nishable by imprisonment in a state prison for not less than
19 one year uor for more. than five years.]·. ·
20 SEc. 3. [If any person shall commit or attempt to commit
21 any felony within this state while armed with any of the
· · 22 weapons ment!oned in section one hereof or while armed with
~3 any pistol,.revolver or other firearm capable of being concealed
24 . upon the person, without having a license or per~nit to carry
25 . such fi·rearm as hereinafter provided, U:pon conviction of such
26 felony or of an· attempt to commit such felony, he shall. in·
_27 addition to the punishment prescribed for the crime of which
28 he has been couvicted, be punishable by irnprisomrient in a
29 state prison for not less than fiye nor for. more th~;~.n ten years.
30 Such additional period of imprisonment shall commence upon
31 · the expiration. or other termination of the sentence imposed.
32 for the crime of which he. stands convicted and shall not
33 run concurrently with· such sentence. Upon a second _convic- _
34 tion under like circumstances such additional period of imp:ris~ ·
35 onment shall be for not less than ten years nor for more than
36 fifte.el'l years, and upon a third conviction under like circum-·
· 37 stances such additional period· of imprisonment shall be· for
38 not less than fifteen nor fo:r more than twenty-five years, such
39. ·terms· of additional imprisonment to run consecutively as
40 ·before .. Upon a fourth or subseque:p.t conviction under· like
41 circumstances the person so convicted may be. imprisoned for·
42 life or for a term of years not less than twenty-five, within
43 the discretion of the court wherein such fourth or subsequent
44 · conviction was had.
45 In the trial.of a person charged with committing or atterript-
46 in·g to· commit. a felony a,gainst the person of another while
4 7 armed with any of. the weap~ons mentioned 'in section o'ne
48 ·_hereof, or while armed with any pistol, revolver or other fire-
49 arm capable of being concealed upon the person, without hav-
50 ing a license or permit to carry. such firearm as hereinaft~r
51. pr?vided, the. f~ct that he was. so armed sh~~l be prima facie
52 ev1dence of h1s mtent to comm1t such felony. . ·

AG000071
 -~~~ -------------~-~---------

__, 3--- . -
. •' . .. . . .

1 .SEc. 4. In no case shall any person puni~hable under the

· · 2 . preceding· sections. of this act be granted probation· by the .,;·
3 trial court, ·nor -shall· the- execution of the sentence imposed
. 4' . upon such person be suspended by the court.]
5 .BEe. 5. · No unnaturalized foreign-born ·person and nci' per-
. 6 son who has been conviCted of a felony against the person. <!r
7 property of another or against the Govermnent _of the pnited
8 States or of the State of California or any subdivisio:o.s thereof,
9 shall own or have in his possession or under his control, a pistol
10 or revolver. Violation of' this section shall be: punished .by
11 imprisonment in the state pri~on for not less than five years.
12 [SEc. ·5. Except as otherwise provided in this- act, it' shall
13 be unlawful -for any person within .this state to carry con-
14 c~aled upon his person or within any vehicle which is under "
15 his control or- direction .any pistol, re:volver or other firearm
16 __.- capable of being concealed- upon the. person without having
· 17-- a license to carry such firearm. as· hereinafter provided in
18 section eight hereof. Any person who violates the provisions
19 of this .se.ction shall be guilty of a misdemeanor, and if he /
20 . has been convicted previously of any felony; or of any 0rime
21 made pu:i:lishaple by this act, he is guilty of a felony.
22 - . This section shall not .be construed to prohibit- any citizen
)
23 · of the United States, over the .age of eighteen years,- who ·.-
24 resides or is temporarily sojourning withi11 this state, and' ·
25 _~ho is not within the excepted classes prescribed by s·ection
26 · two hereof, from owning, possessing or keeping within his .
27 place of residence or place of business ariy pistol, revolver or'
28 _other firearm capable of being concea:led upon. the person, and
29 no permit .or license to purchase, own, possess. or keep any~
30 such. firearm at his . place . of residence· or place . of business
31 shall be required of any such citizen. Firearms car:r:ied openly
32 · in belt _holsters ·shall not be deemed to be concealed· within
-. \::.:
. 33 the meaning of' this section, nor shall laiives which are carried
. 34 openly in sheaths suspended fro:in the waist of the wearer. .·.
35 · SEc. 6. Nothing in the preceding section shall be· construed . ·
3'6 to apply .or to affect sheriffs, constables, marshal~, policemen,
37 whether active or honorably: retire,d, or other duly a.pJ?Oi:i:lted
·- 38 . peace· officers, nor to any person summoned by any such officers
39 to assist in making arrests or _,~reserving the peace while .said ·
· 40 ··.person so s:ummoned is actually engaged in assistiiJ.g· -~.such
41 offitier; nor tq the possession or transportation. ·by. any. mer- .·
.42 .. chant of unloaded firearms as· merchandise; nor to n1embers; of
43. the ~rmy, navy, or marin~ ~orps of. the United States, or the
44 · national guar-d, when on duty, or to organizations which are
',45 by law authoriZ;ed to purchase or receive such we~pons from
· 46. the United- States, or from this_ state; nor to duly ~uthdijzed
47 . niilitary or .civil organizations while_ parading; 'nor to the inem-
48 bers ·thereof: whmi going to and from the place~ o£ mee.ting
.~-- .

49 .'of their respeotive orga,:riizations ;· nor to members bf any ~lub. ·

50. or orgailizatio:n. :now existing, or here:after .prganized, for: the .
51 purpose. of pi.'acticing shooting at ·ta;tgets· upon th'e. established
.. .
52 .. target
. ....
.'
:ran,g,es,
. . :·.
·..
,_yYhe.ther
.
:public . or private,
:- .
while. . .S~Gh
··.' .· . ·.
··me;nibers--
..·.
.
.
\~ _·.. ·

AG000072
 -4-·

1 ·are using any of the :firearms referred to in this act \lpon S"\lch
2 target ranges, or while going to and from such range.S; or to
3 licensed hunters or fishermen while engaged in hunting or ·
4 fishing, or while going to or returning from such h-t;mting or·
5 :fishing expedition.
6 SEc. 7. The unlawful concealed c-arrying upon the person
7 or within the vehicle of the carrier of any dirk, dagger, pistol,
8 ~,evolver, or. other :firearm capableof being concealed upon
9 the person, is a nuisance. Any such weapons taken from the
10 person or. vehicle of any person unlawfully carrying the same \
11 · are hereby declared to be nuisances, and shall be surrendered
12 to the magistrate .before whom said person shall be taken,
13 except that in any city, city and county, town or other munic-
14 ipal corporation the same shall be surrendered to the head of
15 the police force or police department thereof. The officers to·
16 whom the same may be so surrendered, except upon the certif-
17 ·icate of a judge· o.f a court of record, or of the district ·attor-
/ 18 ney of the county, that the preservation·thereof is necessary or
19 proper to the ·ends of justice, shall annually, between the first
20 and tenth days of July, in each year, destroy or caus.e to be
21 destroyed such weapons to such "extent that the same shall
. 22 ·. become and he. wholly and entirely ineffective and useless for '
23 · the purpose for which it was manufactured; provided, how-
24 ever, that in the event any such weapon has been stolen and
25 . is thereafter recovered from the thief or his transferee, the
26 same shall not be destroyed but .shall be restored to the: lawful
27 owner thereof, so soon as its use as evidence has been served,
28. upon his identification of the weapon and· proof of ownership
29 thereof. Blackjacks, slungshots, billys, sandclubs, sandbags
30 and metal. knuckles are hereby declared to be nuisances and
31 shall be ·subject to confiscation and summary destruction
32 whenever found within the state; provided, that upon the cer-
33 ti:ficate of a judge or of the district attorney that the eiids of
34 justice· will ·be. subserved thereby, such weapon shall be .pre-
35 . served until the necessity for its use ceases. . . .
36 · SEc. 8. · It shall be lawful for a judge of .the superior court,
· 37!.' the sheriff of a county, and the board of police commissioners,
38 . chief .of police, city· marsha1, town marshal, or other head of i
39 the police department of any city,. city and -county, town, .or
40 other municipal corporation of this state, upon pro01; · be! ore
41 said board, chief, marshal or other police head, that the person ..
42 applying therefor is of good moral character, and that good.·
43 cause ·exists for the issuance thereof, to issue to . such person a
44 · license to carry concealed a pistol, revolver or other :firearm
45. for a period of· one year from the date of such license. All
46 applications for such licenses shall be .filed in writing, signed
4 7 by the applicant, and shall state the name, occupation, res1-
48 dence and business address of the applicant, his age, height,
49 weight, color of eyes and hair, and reason for desiring a license
50 to· carry sU:ch weapon. Any license issued upon .such applica-
.51 tion shall set forth the foregoing data and shall, in addition,
52 · contain a description of the weapon· authorized. to he .carried,

AG000073
 5 -~.

1 giving the name of the manufacturer, the serial number and

2. the· calibre thereof. When such licenses. are· issued· by a
3 superior judge ·or by a sheriff a record thereof shall be.kept .:'··
4 in the ·office of the county clerk; when issued by police author~
5 . ity such record shall be mai1itained in the office of the authority
6 . by whom issued. S11Ch applications and licenses shall be uni-
7 form throughout the state, upon forms t6 be preseribed by
8 .the attorney general. · ·
9· SEc. 9. Every person in the business of selling, leasing or
10 otherwise transferring a pisto1, revolver or other firearm, of .
11 a size capable of beine- concealed up.on the person, whether
.- 11.. 32 .. suchseller, leasor or transfe:r~er is a retail dealer, pawnbroker : \ ..
or otherwise, except . as hereinafter provided, shall keep a
.·.::·
14 register in which shall b,e entered the time of sale, the date of
15 . sale, thP . name pf the: salesman making the sale; the plaee . , ·
16 where sold, the make,· model, manufacturer's number, caliber .
17 or. other marks of identification on such pistol, revolver .or .·.
18 other .firearm. Such register shall be . prepared. by and·. ·
19 'obtained from the state printer and sha,Jl be furnished by the .
· 20 state printer to said de:;~lers on application at a cost· of three
21 · dollars· per one hundred leaves in. duplicate and s·hall be in. ~·""''
22 · the form hereinafter provided. The purchaser of any fire- i •

23 · arm, capable of. being concealed upon the person shall sign,·
24 and the dealer. shall require hl.m to sign his name and affix. ~ ·
25 .b.is address to said register in duplicate and the salesman shall .
a
26 affix his signature in duplicate as witness to the signatures of :
27 . the ;purchaser. Any p-erson signing a fictitious name or address .
28 is guilty of ;a mjsdemeanor. The duplicate sheet of such ·
29 register shall on the evening· of the day of· sale, be placed in ·
30 th~ mai_1~ postage prepaid and properly addressed to the board, ·
31 · of"'poli.ce commissioners, chief of police, city marshal; town '
32 marsha] or other head of the· police departm~nt of the city, : ;
33 city' an(! county, town or other municipal corporation wherein
34 the sale was made; provided, that where the sale is made in a
35 ·district where the.re is. no _municipal police. department, said_·.·
36 dupllcate ,sheet shall .be mailed to· the co"L1nty clerk of 'th~
.37 .rminty. wherein the sale is made. A violation of any ·of the .
38 provisions of this section by any person engaged in the busi.:
39 neSS· of selling, leasing or otherwise transferring SUCh- fire-
. 40 arin is j:j_ misdemeanor.· This section shall not· apply to ·whole-
41. sa1e dealers in their business intercourse with retail dealers, .
42 nor .to wholesale or _retail dealers in the regular .or ordinary .
43 trimspor.t.ation of ·unloaded firearms as merchandise by:_ mail, ·
44 expresR ·or ·other niode of shipment, to points outside of the
45 city, city and county, town or municipal cor,poration 'whe·rein
46 the:v are situated; The register provided for in this act shall
47. be. substantially in. the folloWing ·f.Qrm : ·, '· ..
48 For1D , of Register. .· ··~ ..
49 Seri~s No.-~---- .
50 I
, Sheet" No.,.: _____ _
51 ORIGINAL. . ',.

·52 Dealers' Reeord of Sale of Revolver or Pistol.

• 53 State of California. ·

AG000074
-~--~- -~-~--~--------~--·----

.. --
. . a·""'---".
~-·.,....,.
......·. '':r".

\
1 ~ot.i~f' to dealers: This original is for· your files. If spoiled
2 in making out, do not destroy. Keep . in books. Fill out in
3 dunlicate. . . ·.
4: Carbon duplicate ~ust be mailed on the evening of the day
. 5 of sale, to head of police cmrunissioners, :chief of ·police, city
6 marshal,. town mars:hal or other head of the polic.e department
7 of the municipal corporations wherein the sale is made, or to ·
8 the .county clerk of your county if the sale is made in a district·
9 Where there is no municipal police department. Violation of
. 10 thjs law is a misdemeanor. Use carbon· paper for duplicate ..
. 11 Use indr>lible pencil. · · ·
12 Sold by~ ____ _: __ ~ __: ______ -:-.:.__ Salesman_..: __________ -:.:..:....:._:..
13· · City, town or· township --------~------- ------,.-~-r~----~- ·
14 DP-scription of arm (state whether revolver or pistol)' _____ :_.:._
15 · ·Maker.,. ____ ;. . ___________ ..:._ Numbe.r ______ ___ Caliber ___ . .:. __
16 Na.me of purchaser _______________ age ______ :.. _______ years.
17 Permanent residence (state name of .city, ,town or township-,
18 street and number of· dwelling)------------------~----..:-:-.:...
19 Height ______ feet_ ____ _inches. Occupation ____________ ~--
20 ·color __._____ .:_ ________ skin ___ .:_ __ ....c_eyes:...:. ______ hair ___ :_ ___ .:.
21 If · traveling or. in locality temporarily, give local address
22 ----------~...:.----------~----~------------------~---------
24 ------·------------~---------~--------------------------
. 23
Signature of purchaser_...,- ____ :_ __ :...:_ __ :.._:.. _____________ ...:._--'.
25 . (Signing a fictitious. :tmme or address is ·a misde~eanor.) ·(To
26 he signed in duplicate.)
27 Witnesc;; ______ .;. ____ .:. _____ .:._, salesman.
28 ('l1 o be signed in duplicate.)
29 Serl.es No. _____ _
30 Sheet No:_._..:._'""_
31 . ·DUPLICATE.
32 Dealers' Record of Sale ~f Revolver or PistoL
33 · State of Oaliforn.ia.
34 Notice to
·aealer.s: This carbon· duplicate must be .mailed
3·5·• on the evening of the day of sale. as set forth in the original
3 6 ot thjs register page. Violation· of this 1aw is .a misdemeanor.
· 37 . Sold by _:.... ___________ _.: ____ .: : ______ :.. __ Salesman.:.~-.:....:.--'--~
as
· ·. c·,1ty,· ·'town or towns · h··.1p ------------------~..:..
·· · ·
____________ _
39· · Descrfpth:>n of arm· (state whether revolver or pistol)---'-~---
..40. Maker '· -----~.::
. . ._________ . . ' ._..:.....;
. ____ :_number .. ~· .
------'....:cahber...: ____ _
·. 41~ Name of purchaser -------~---:.......: _____ ~ ____ age~-----Y.ears:
42 Permanent address (state name of 'city, town or township,
43 ~treet and number of dwelling) ___________________ :.,-:- ____ :_
44 ------~-----------_: __ __; ____ ..:_~~..:.--------~---~------------
' · 45 ·.· HeighL ~ __: __ feeL ____ -:inches. Occupatiol1 ---~:...~----~----'""
·, · 46 · Colo.r. ---~-----'"'----skin...: ____ .:_.:__eyes~ ________ hair___ . :. ____ _
.4 7 If .traveling or in ·localify · temporarily, .give local ·address
48 __ _: _____ ~-----·--.:..~:...: ____ ~ __ .___ .____ :::, _______________ .___ :_ ___ ._ ..
49 Signature of purchaser _____________________ . .:. ______ --:-:--~-,-
50 . (Signing a fictitious name or address is a misdemeanor.)· . (To
51 be signed i:q. duplicate.) ·
52 .. W.itnes~- ~__;:... __ :...._..:.. ____ ::...~--:...:-:--, .· salesmalJ...
53 (To b.e signed in duplicaie.)- . · .....;:.

AG000075
 -7-.··

1 SEc. 10. No person shalL sell, deliver or otherwise transfer

2 . any pistol; revolver or other :firearm capable. of bei11g con-- .
3 cealed upon' the person to .any person who :in he has cause to
4 believe to be within any of the classes prohibited. by section
5 two hereof from owning or possessing such :firearms, !lOr to a:riy .
6 minor under the age of eighteen years. In~no event sh11ll any
7 such firearm be· delivered to the purchas~r upon the day of th~
8 application for the purchase thereof, and when delivered such
9 :firearm sh~ll be securely wrapped --and shall be unloaded,
10 Where neither party to the transaction holds a dealer's license;
11 no person .~hall sell or otherwise · transfer· any such ·:firearm .
12 tb any other person within this state wJ;10 ·is not personally
13 known to the vendor. Any vio~ation· of the provisions of this
14 sectioil Sh!1ll be a misdemeanor.]· .
15 - _( )'" . . . .

16 [SEc. 12; The duly constituted licensing aut~orities .of any .

17 county, city and county, city, ·town or other municipality' ·
18 within this state, may; grant licenses in form prescribed by the.
19 attorney general, effective· for not more than one year. from .
-20 date of issue; permitting the licensee to sell at retail· .within.·
21 the said county, city and county, city, town O-r· other munic-
22 ipality pistols, revolvers, and other :firearms capable. of being
23. concealed upon the person, subject to the following· cond~tions, ,
24 for breach of .. any of which the license shall be· subject to .
25 ·forfeiture:
-! 26 { The business. shall be carried· on only in the .building
27 designated in the license. .. . -~ r.:
28 2. The license or a copy .thereof, c_erti:fi.ed by the ·issuing
29 authority, shall he ·displayed on the premises where .it can
30 · easily be read. _ . ·
31 3: No pistol or revolver shall be delivered . . .
32 · (a). On the day_ -of. the application for ·the purchase, and ·
33 when delivered shall be unloaded and. securely wrapped; nor
.. 34 (b) Unless ·the purchaser either is perso:o.ally known to the .·
-35 seller or shall" pr;esent clear evidence _of his identity.. ·
36- 4.-:·No pistol or revolver, or· imitation ·thereof, or placard:
37 advertising the sale or othert:ran.sfer thereof, shallbe displayed
38 in any part of said premises where it c-an readily be seen fr.om
3$ . the outside. .· · · · · ·
4() - SEC. 13. Any person who, without being licensed as above
-41 ·provided, ·engages in the business of selli11g or other.wise trans-
42 ferring, or who advertises for· sale, or offers or 'exposes fpr-
43 sale or transfer, any_ pistol, revolver or other :firearm capable
44 of. being conce~tled upon the person is guilty of a mfsde-
45 - mei;l,nor.] · .
46 SEc. 14. No person shall_ change, alter; remove, or obliter- ·,
47 ate the name of the maker, model, manufacturer's number,
4.8 or other· mark of identification on any pistol. or. revolver. ?' ·.

49 Possession of any such -:fi.re~rm upon which the same shall

50 have .been changed, altered, removed, or obliterated, shall P.:e
51 -presumptive evidence that such possessor has changed, altered,_
. 52 removed, or obliterated the sam~. Violat~ons of this section -
·""

AG000076
 :; ,· .•

\ ...__ 8-·· .

1 . shall be punished by imprisonme11.t in. the state .pnson for

2 not less than one year nor more than five years. . .
3 SEc. 15. ·All licenses heretofore issu~d within this s·tate
4 permitting the carrying of pistols or revolvers concealed upon
5 the person shall expire at midnight of December 31, 1924.
6 · . SEc. 16. This act· shall hot apply to antique pistols or
7 revolvers incapable of use as such.
8 _. [SEc. 17. If any section, subsection, sentence, clause or
9 .phrase of this act is for any reason held. ·to be unconstitutional
10 such. decision shall not affect the validity of the remaining
11 · portions·· of. t;his act. · The legislature hereby declares that it
· 12 · would. have passed this act and each section, subsection, sen-
13 tence, clause aJ;Jd phrase· thereof, irrespective of the fact that
14 any one or more other sections; subsections, sentences, clauses.
15 · or phrases be declared unconstitutional. · . ·
· · 16 SEc. 18. That certain act entitled, "An act·relating tb and
17 regulating the carrying, possession; sale or other disposition of
18 firearms capable of being conce~tled upon the person; prohibit~
19 ·ing the ·pnssession, carrying, manufacturing and sale of certain
20 -ether dangerous weapons anq the giving, transferring and dis-
21 position thereof to other persons within this state; providing·
· 22 · fo:r the registering of the . sales of firearms; prohibiting .the
23 ·. carrying or possession of concealed weapons in municipal cor-.
24 porations ;. providing for the destruction of .certain :danger.ous
_25 ·weapons as nuisances a:rid.niaking it a·felony to use or attempt
. 26 to use certain d~ngerous weapons against another,'' ap'proved
27 May 4, 1917, is hereby repealed.] ·

.,

•/,

"' .
..

AG000077
 ' .... ·.. I
!

···.-.

AMENDED IN ASSEMBLY APRIL 27, 1923.

AMENDED IN. ASSEMBLY APRIL 13, 1923.

ASSEMBLY BILl.~ No~· 263

..
.INTRODUCED BY MR. HAWES, '•"'-

·.·-·.::.
January 24, 1923.

i- -
REFERRED TO COMMITTEE ON JUDICIARY.
. .. ' .

,. -··
An act to contr.ol and ·regulate the · p·ossess?.:on, sale and use :··· . ... . ~~
of p:istols, · revolvers, and other firearms capable of being
concealed upon the person; to prohibit the man'/..t,fact?.tre, .
·sale, possession or can·ying of certain other dangerous .: ; ·
1.veapons within this state). to p1·ovide for registering ·aU ·. .
sales of pistols; 1·evolvers o'i· other firea1·ms capable of bein[f · ·,.
conce·aled upon the person_; to prohi'b'·it the carr,ying of
.. concealed firearms except by lawf'l.tlly. a1.dhorized persons/
.. to prov·ide· for th,e. confiscation and destr·uction of such. ....
.weapons in certain ca,ses)· to. p1·oh1.:bit ·the ownership, -us~,, ... ,
.or possession of any of such weapon-s. by certain clas~es of . . .· .
persons/ to p·rescribe penal.ties for· violati01ts of this act· . . (.
and increased penalties fo·r repeated violations· hereof; to .....
a1.dhorize, jn p1·oper cases, the g1·anting of licenses or · ·
per_mits to carry ji1·earms concealed 'l.tp'~n the person/ to ·<. · ·
provide for licensing, retail dealers in s1.tch fi,1·earms....Ctnd" ·''' ·
reg'l.tlating sales theretotde?")• ancl to 1'epeal chapter. on.e . . ... ·....
hnnd·red fody:.five of California si'ah.des of 1917, relating ,
to the sart'}:e subject: ·· :i ..
The people of the State of California do e·nact as follows:
..·

1 SECTION 1. On ·and_ after the date upon which. this act

~ 2 takes effect, every person who within the state of California . .. ·....
. ..
.' a manufactures or causes to be manufactured, or. who imports .
· 4. ··into the state, or Virho keeps for sale, or offers or exposes for ..
5 sale, or who gives, · lends, or possesses .any instrument . or·
6 . ·weapon -Of the -kind commonly known· as a blackjack, .slung-
:7 shot,· billy, · sab.dclub, sandbag, ·or ·metal knuckles, . . ·or who
8 c"arries concealed upon his person any explosive substance;
. I

AG000078
 ~
-- ..-

1 other- than .:fixed q,mmunition; or who carries concealed upori

2 his-person any dii·k or dagger, shall be guiity of a felony a1id
3 upon a conviction thereof shall be 'punishable by imprisori:-
4 ment b1 a state prison for not ,less th~m one year nor for more
5 than five years. . · _ .
6 SEc. 2'. On and after the date upon which this act takes
7 effect, no unnatur.alized foreign born person and no person who
8 has been convicted of. a 'felony against the person or property
9 of another or against the goyernment of the United States o;·
10 of the State o£ ·(Jalifornia or of any political subdivision thereof
11 shall own or have in his 129ssession or under his custody or ·
12 control any- pistol, revolver or ot]Jer :firearm capable of being··
13 concealed ·upon the per~,on. The terms ''pistol,'' ''revolver,''
14 and ,., :firearms capable of being concealed upon the ·person'' as
15 used in this act shall be construed to apply to and· inc.lude all
16 firearms having a-barrel less than twelve inches in length. Any;
. 17 p·erson who shall violate the provisions of this section shall _,
18 ·be guilty Of a felony and· upon conviction· thereof shall be . - ;.
19 punishable by-imprisonment in a s.tate prison for not less than
20 · one year nor for more than ·five years. ·
- 21 SEc. 3: , If any person sP,all commit or .attempt to commit
· 22 . any felony within this state ~rhile armed witp. any of the .
23 . weapons mentioned in. section. one hereof or while armed with
-24 any pistol, revolver ?r other fi~earm ~apable of beiJ:lg; concealed -
25 upon the person, w1thout havmg a license or perm1t to carry ~J
26 such firea..rrri as hereinafter- provided, upon conviction of .such :~
27 felony or of an attempt to ·commit such felony, he shall in- ·;~
28 addition to the punishment prescribed for. the crime of which - ~-~:!
.29 he has been. eonvicted, be punishable by imprisonment in a r
30 state prison for not less than five nor for more than ten years.·
. · 31 Such additional period of imprisonm.ent shall commence upon· ';
-:32 the_ expiration or other. termination of the sentence imposed . ;~
33 for the crih1e of which ·he stands convicted and shall not · d
34 . run concurrently with such. sentence. Upon a second'· c~nvic~. · ;i
1
35 tion __ under like circumstances such additional period "of impris-
"36 . onment shall be, for not less than ten years nor· f. or more than
37 ·fifteen years, .and upon a third convicti~m under like· circum-
38 stance~ si1ch ·additional period of imprisonment shall be for.
39 not less than fifteen nor for more than twenty~five years,· such· ..
·40 terms of addition:a1 imprisonment to ru.n consecutively as t> .
41 before. Upon a fourth or subsequent conviction under like
. 42 circumstances the person so convicted may be imprisoned for . ~
43 life or for a term of ·years :o.ot less than- twenty-five, within _ -~
· 44 the discretion of the court wherein such fourth or subsequent . ·~
45 . conviction was had. · · .l
· ·46 In the trial of a person cha.rged with committing or attempt- .·. 1
4'7 -ing tdo co~mit a felonhy against the pert~on do£. anoth~r while_ ·-·~
4 8 . arme · · W1tn any O.L t e weapons men wne . 111 sectwn one :l
-49 · . her_eof, or while armed with any ·pistol, revolver or other- fire~. ·--~
50 ar:m capable Of being coneealed upon th~ per:son, without hav~ .Jl
51 · }ng a ·-license or permit to carry such firearm as hereinafter
·"

AG000079
 3 "-·

1 p·rovided, the fact that he was· so armed shall be prima facie

·2 ·evidenc_e of his intei1t to commit such felony, .
.. ·-:-·
3. SEC. 4. In no case shall any person punishable. under the
4 ·preceding sections of this act ·he granted probation by the·
5 trial court, 1ior shall the execution ·of the sentence. imposed
6 upon such pers.on be suspended bjr the court.
7 --SEc. 5. No unnaturalized foreign~born person and no per-
8 son vvho ha.s qeeri convicted of a felony against the person or
9. propertv of another or against the Government of the United
10 . States o"r of the State Of California or any subdivisions thereof,
11 shall own or have i:ri his possession or under his control; a pisto~·
· 12 or revolver·._ Violation of this secti_on shall be punished. by
13 imprisonment iii-the state prison for not le-ss than five years ..
14 SEc. 5. Exeept as otherwise provided in· this act, it shall ·
1-ti be unla"vvful fqr any· person within this -state --io carry con:-
. ,.. 16 cealed upon his perso.n or withi:p. any vehicle which is under·
17 his control or direetion any pistol; revolver or .other fireal;m
18 capable of being concealed up0~1 the person -~;vithout· having
19 a license to carry such firearm. as hereinafter provided· in
20 section eight hereof. ~ny person who violat~s the pr9visions
· 21 · of this· section shall be guilty of a misdemeanor, and if he
2·2 ·. has been convict~d previously of any felony, .e>r of .any crime ·
· ....
23 made punishable by this _act, .he is guilty of a felony. . .
. 24 This section shall not be .construed to prohibit any citizen -~- _·· ..
25 of <the United States, .over the age .of eighteen years, who · .· ...
26 resides or is temporarily sojourning within this state, and
27 . who. is not' wit-hili the excepted .classes prescribed by se'Ction
28 two hereof, from owning, possessi:tJ.g or keeping within his
29 place of residence or place of business any pistol, revolver. or
30 other firearm capable of being ~coneealed upon the person," and_·
31·· no permit Cir license to· purchase, own, possess or keep any
32 . such firearm at . his place of residence or place or business
33 shall be required of any such citizen. · Firearms carried openly
34 in belt holsters shall not be- deemed to be concealed within
.35 the meaning of. this section, nor shall knives which are. carried
;36 . ··openly in sheaths suspended frorn the waist of the wearer. .. --:~
-~7 SEc. 6. Nothing in· the preceding section shall be construed
. 3S'r~ to apply or to affeet sheriffs, constables, marshals, policemen,
39 . whether active or hOII.Orably r.etired, or other duly appointed ..
40 peace officers, nor to any person summoned by any such officers
41 to assist in making arrests or preserving the peace~ while sa.id
42 person so summoned is actually engaged in assisting such.
43 . officer; nor to the ·possession or transportation by. any -mer~ . ......·.
..._ ·:.

44 chant of unloaded :fireanris as merchandise; nor to members of· ·'"'

45 the army, navy,or mari;ne corps of. the United States, or the
46 . natio.nal guard, when on duty, or to. organizations which are
47 by law authoriied to purchase or receive such weapons from
48 · the United States, or fr'om this state; nor to duly authorized .
49 military or civil organizations while parading, nor to .the mem-
..: ·.- '-~~- ::.... -
50 . bers thereof when going to and from the -·places of meeting
51' of their·respective organizations; nor to members of any club .........
52 or organization now existing, or hereafter organized, ·for :the
~--"'·:

AG000080
~~~----------~---~---~---------~- ------~------- ----------- --- --- -- -·--

-4-
. .
·1 purpose of practicil}g shooting at targets upon· the established .· ·
2' target ranges; whether public or private, while such members·
3 are using any of the firearms referred to in this act 1fpon such
4. target ranges, or while going -to and from such ranges;· or to
5 licensed hunte-rs or fishermen while engaged in· hunting or
6 fishing, cir ·while going to or. returning from such hunting or
7 fishing expedition.
8 ·SEc. 7. The unla-vvful concealed carrying upon the person
· 9 or within the vehicle of the carrier of any dirk, d.agger, pistol,
·10 revolver, or other firearm capable of being concealed upon
11 the person; is a nuisance. Any such weapons taken from the
12 person or vehicle of any person·unlawfully carrying· the same ·~
w.··

'.\

,':
13 .are· hereby declared to be nuisances, and shall be surrendered
14 to the m.agistrate before whom said person shall be taken,
15 ·~xcept that in ap.y city, city and county, town or other munic-
16 ipal corporation' the same shall be s~rendered to the hea.d, of
i 7 the ·police ·force or police department thereof. The officers to
18 whom. the same may be so surrendered, except. upon the certif-
19 icate of a judge of a court of record, or .of the district attor-
20 . ney of the county, that the preservatl.oi1 thereof is necessary or
21 proper to the. ends of jt.lstice, shall annually,. betweenthe first
22 and tenth days of July, in each year, destroy or cfl,use to be
23 destroyed such weapons to such extent that the same. shall
24 become and be who1ly and entirely iiieffective and useless for
.25 the purpose for which it wEl,s manufacturecl; provided, hoiu-
26 ever, that in th.e event any su..ch weap.on has been stolen and
27 is thereafter recovered from the thief or his transferee, the
28 same shall not be (j_estroyed but shall be restored to the. lawful
29 owner thereof, so soon as its us.e ·as evidence has been served;
30 upon hi$ identification of the weapon and proof of ownership .
· 31 thereof. Blackjacks, slurigshots, billys, sandclubs,· sandbags
· 32 and metal knuckles are hereby' declared to be nuisances and
33- shall be subject to ... confiscation · and summary destruction_
·. 34 -whenever found within the state; proV1:decl, that upon the cer-
35 tificate of a j 1.-l.dge' or of the district attor:p.ey that the ends of
36 justice will be subserved thereby,. such weapon shall be pre-
37 served until the necessity for its u::.ce .,ceases ..
3 8. · SEc. 8. It shall be la-v1rful for ( ) the .sheriff of a couhty,
3 9 and the hoard of police commissioners, chief of· police, city
40 ·marshal, town marshal, or other head of the,police department.
41 . o.f ai.J.y' city, city and eounty, town, or other municipal corpo~
42 · ration·of' this state, upon proof befote said board, chief, mars_hal
43 - or other police head, that the person applying therefor is o.f .
~44· good moral character, and that good cause exists . for the
45 issuance thereof, to issue to such person a license to car:ry con-
46 cealed a pistol, revolver or other firearm for a period of one
4 7 yea:r: from the date of such license. . All. applications for such ,
~8 · licenses shall ·be filed in writing, signed ·by the applicant,
· · 49 and shall Htate the name, oceupation, residence El,nd business
·.50 address of the applicant, his age; height, ·weight,- co1o;r of
·5.1 eyes and hair, and reason :Cor desiring a lic~nse to . carry
. 52 such weapon.. Any license· issued upon such ~:pplicatiqn shall

AG000081
-----~----·-------------------~-
------------ ·-----·---·--·---

. r.:::
·-_ u·-.;,-;::-c-
~·- .·

"t . set- forth the foregoing data· and shall, in addition, contain····.
2 _ 'iL descl.·iptimi· o.f the we.apon authorized ·.to. he carried, givii:ig.
. 3 \ .the name of. the manufacturer:, the. seria1 numoer and. the . -~ .·
4 . calibre thereof. When . st1ch licenses are issued . by . a ( )" •·...
5 sheriff a record thereqf shall be kept in the office of the county .
6 clerk; .when issued by police_ autho-rity such r~cord shall .be
7 maintained iri the office of the.· authority by ·whom issued.
8 Such applications and licenses shall be uniform throughout
9 the state, upon forms to be prescribed by the attorney .general.
1:0 SEc. 9. Every person in the business of selUng, leasing or .
11 otherwise transferring a pistol, revolver or other firearm, of· ·
12 a size. capable. of being concealed upon the person, wheth.er ·
13 such seller, leasor,or transferrer is a retail dealer, pawnbroker·-:_.·
14 or other-vvise, except as hereinafter provided, shall keep . a · .
15 register in which shall be entered the time of sale, the date" of ..
16 safe, the- name of the salesman making the sale; the. pla.ee ' .. ·
17 where sold, the make, mode1, manufacturer's numl:Jer, caliber
18 . ·or oth0r marl~s. of identification ·on such pistol, revolver.· or:
19 o~he~ firearm.· Such·, re~ister shall be prepar_ed qy a!!,d ~; ·:
20 · obtamed ·from the state prmter and shall be furmshed py the.·- . _
21~- state printer to said dealers on application at a eo~t,of three . :_
' 22 -dollars ner one hundred leaves in duplicate and shall.be 1n' ·..• ··..
'!
.
23 . the· f<;>rm her_eina~ter provided. The purchaser of any fire'-..
~4 arm·, capable of being concealed- upon- the p·erson shall sigri; · .· ·
25 and the dealer shall require him to sign his name a.rid. afilt ·
26 his add-ress to-said register in duplicate and the salesma:Q:'.sna,ll·:·· ·
27. affix his signature in.duplicate as a witness to the sigrfatUT'BSo:f · :
· · 28 ·the .purchaser: Any person signing a. fictitious 'name or addre~s>~-
29 .. is guilty of a misdemeanor. The duplicate .. sheet of f?'uch, · · ·
30 re~istm· sb all on the. evening of the day. of sale, be placed' in
31 tbf> maiL· postage prepaid and properly addressed to .the bmircf
32 of policP C..ommissioners, chief of police, ci.ty marshal, toW:J;i.. ··
33 marshal or other head of the police department of- the city,· .·
34 city an(! comity,. town or other muni,cipal corporation wherei]fi
. 35 the sale was made; provided, that where the salejs:mad¢ ini~ ·•· · ·
36 district w_here the~e is no municipal police 'department; .said: .·' .
37 duplicate sheet sJ:lall be mailed to the c.ounty clerk of the: ·
38 eonnty. wherein the sale--.is made. A violation of a:p.y_ ofth~\ '
39 provisions. of this section by any peL'3on engaged in the· busi-·;:.:.
40 ness of selling, leasing or otherwise tramtferring sueh fire~;~·· .
41 arm is ::t misdeni.eanor. 'This section shall not a.pply to: whol~;- ·.· ;, -:
42' . saJe dealers in their husiness'·-iut_ercourse with retail dealers;:~:_>
43 nor to ·y~rholesale .or .retail dealers in the regular or. ordituiry ... ·
44 transportation of unloaded firearms as merchimdise by :rinin,: ~ ..
45 expre::s:s or other mOde of shiprp.ent, to -poh1ts outside df :tli(:l ::. ·
4;6 city, city and county, town or municipal corporation wherein:·
. '.. ·;,

·.· :·.

. . ' ' •. ~~ .....

- ··..

AG000082
----------

1 thev Al~e s]tuated .. rrhe register. provided for in this act shaU
2 be substanttally" in the ·following form :
3 Form of Register.
4 Series No. _____ .:.
5 Sheet No. _______ .
6 ORIGINAl;.
7 Dealers'. Rf\cord of Sale of Revolver or Pistol.
8 State of California.
9 ~otif'f to dealers: This original i$ for your files. If spoiled
1:0 in making out, do not destroy. Keep in books. Fill out in
11 duplicat~. · · .
12 Carbon duplicate must be mailed on the evening of the day
r3 o£ sale,· to head of police commissioners, -chief of police, city
14" marshal, town .marshal or other head of the police department
15 of t.he municipal corporations wherein-the sale is made,. or to
16 the county clei·k 9£/your county if the sale is ro.ade in a district
17 where t.neie is no municipal police department. Violation of
·18 .thjs law is a misdemeanor. Use carbon paper for duplicate.
··· 1.9 Use indflible penciL . · . .
·-~·~ . Sold by-----:--,...--:-.-----~---- Sale~man ___________ :__,_ _____ _
Oitv. town or township -~·-------------- -----------------
.· 22 · DP-scription of arm (state whether revolver or pistoi) _: _____ ~_
· 2.3. Maker _________ ...:_________ Number __:________ Caliber _____ _
. 24 Na:me .of. ·purchaser _______________ . . .. ;. ____ years.
age ___ _: _____
25- J?ermaneiit residence (state name of city, town or township,
26 street and number of dwelling) ____________ _:_ ____________ _
..·. '27. . He-ight __ . .: ___
/ feet_...: ____ inches. Occupation
. . ______________ _
28 nol.or -· ___ :. _ ____ ._____ skin __ _:. _____ eyes _____ ._ __ hair..:: _______ ,
29 If ·tr8:veling. o.r in locality temporarily,· giye local address·
. :"30. -------·· ----~-------------------------- -----------------
_31 -~---- ----------~----~---------~---------------..:.. ______ _
32 . Signature of purchaser-------~,.. _________ _: ______________ _
. 33 (Sig.umg- a fictitious name or address is a: misdemeanor.) (To
34 be signed in duplicate.)
· 35 · Wit.o.es~ __ :._ ______ _..:'------~--, salesman.
,, 36 · fi'o bP signed in duplicate·.)
. 37 ~- Series No. _____ :_
38 Sheet No, _____ _
:39 DUPJ.;ICAT]).
40- Dealers' Record of Sale of Revolver or Pistol.
41 State of California.
:42 · Notice to d~alers: This carbon duplicate. must be mailed
.-·4a
on the evening of. the 9-ay of sal~ as. set forth in the original
44 . ot this register page. Violatioi,l of this .law is a misdemeanoi·.
45_ .·Sold by ----~--.----------------------- Salesman _____ _._,_~_
46 City, town or township· ______________ _:_ __ ~----'-----_:_ ___ _
: !~ Description of arm (state whether revolver or pistol)-------- ·
Maker ---'-------~---~----------.-,number ______ caliber__ :.., __ _
49 Name of purchaser ---~----------------·---age..:._.., ___ years.
50 Perrnanent address (state name of city, town or township,
51 ~treet P.:rid number of dwelling)...:.------.--~----~-------.:...-:-.:.
52 ------------------------------------~~--~---------------

AG000083
 -· 7-.

1 ·Height_ ----'-3eeL7"_~ __ inches. Occupation ----~-~--'--------

2 · Color ·--·--'--:.: ______ skin.:. ___ .:. ___ eyes ___ ~ _____ hair_""" __ _: __ .:_-: ..
3 ·If traveling ·or in locality temporarily, give local address' ' .. ,_
4 ------~-----------------------~-----------------'---.:..:.--~- '
5 Sig-nature of purchaser ____ :_ __________ ~------.,--'---""'-----~-
6 (Signing a fictitious name or address is a misdemeanor.) · (To
7 be signed in duplicate.)
8 "\Vitr~esR . --------------------, salesman.
9 cro be signed in duplicate.) ' . '
10 SEc. 10. No person shall sell, deliver or otherwise transfer · ,
11 any pistol, revolver or other firearm. capable of being 'con, ' '
12 cealed upon the person to any person whom he has· ca:gse tq .:.
13 believe to· be within. any of the cJasses prohibited by section . ·.
14 two hereof from owning or possessing· such firearms,· nor to any ·. · ' ·
15 minor under the age of eighteen years .. Jn no event shall any· :
16 such firearm be delivered to the purchaser upon the day of the '
17 application for the purchase thereof, ancl when delivered .such ·
18 firearm, shall be securely wrapped and shall be unloaded,·-.
19 Where ·neither patty to the transaction holds a dealer's lic~:fi~e, ~-: · ..
20 no person sl:J,call sell or otherwise transfer' any such firearin '
21 to any other person within this state who is not personally.>
22 known to the vendor. Any violation of the provisions of.this ·
· 22; · section shall be a misdemeanor. . .·
24 SEc. 12. The duly constituted licensing' authorities of any, :
25 county,. city and ·coli.nty, city, town or other · municipality ·: ·
;!6 ·within this state, may, grant licenses in form prescribed by· the, i ... _..

'~7 attorney general, effectfve for not· more than one. year. frOID.···
.28 date of issue, permitting· the licensee to .sell at retail within_·
29 the said county, city and·cou.nty, city, town or. other niuilic~
30. ipality pistols, revolvers, and either firearms. capable of being. ' .·
31 concealed upon the. person, .subject to the following conditions, · ·
32 for breaGh of any of which .the license shall be subje.ct to .. ·
33 forfeiture: . . . · ._ . '"
:34 . L The business shall be carried on only in the hriildidg.
35 designated in the license·. . · . · . ,.
_36 · 2. The license or a copy thereof, certified by the isE!:uing.
37 'authority, shall be displayed on' the prernises·.where it can
.38 easily be read. . ..
39 3. No pistol· or revolver shall be delivered . . ...
40 (a) 0~ the day o:L the applic-ation for the purch~e~ · i:md ,;
,U when dehvered shall be unloaded and securely wrapped; .. nor
42 (b) Unless the purchaser either is personally known to· the ·:·< ·_
4-3 .·seller or shall pr~sen:t clear evidence of .his identity. ·_ · · ·
44 4. No pistol or revolver, or imitati-tn thereof, or placard
45 advertising, the sale or other transfer thereof, shall be displayed- ' ..
46 in any _part of said premises where it can readily be ·,seen from·:
47 · the outside. · · . · : ··
1:8 SEc: 13. A:o.y person who, without being licensed as ~boV:e ._
49 provided, engages Hi: the business of selling or other;wise· trans~ . ..
50 · £erring, or who advertises for sale,· or offers or exposes ·fpr.. ·_ · : .
51 sale or· transfer, any pistol, revolver oi~ other firearm capable:· ·

AG000084
 -s-·
1 of being concealed upon ·the person Is guilty of. a misde-
2 meanor. .
·3 Sic. 14. ·No person shall ell ange, alter, remove, or oblitel'-
4 ate the name . of the maker, model, manufacturer's number,
5 or other mark of identification on .any pistol or revolver.
6 Possession of ··any s1Ich firearm upon which the sa.me shall
7 have been changed, altered, removed; or obliterated, shall be
8 presumptive evidence that such possessqr has changed, altered,
9 removed, or obliterated the same. Violations of this section
10 shall be punished by imprisonment in the state prison for
11 not less than one year nor more than five years. ·
12 SEc. 15. · All . licenses heretofore iss1Ied within this state·
13 permitting the earrying of pistols Or revolvers COJ!Cealed upon
·· 14 the person shall expire at midnight of December 31, 1924.
15 SEc. 16. 'Jihis act shall not. apply to antique pistols or
16 revolvers incapable of usc as such.
17 SEc. 17. If any section, subsection, sentence, clause or
·18 ·phrase of this act is for any reason held to be unconstitutional .
19 ... such decision. shall not affect the yalidity of the remaining
20 porti0ns of thjs act. The legislature hereby declares that it
21 would have passed this act and each section, subsection, sen~ .
: 22 . tence, clause and phrase thereof, irrespective of the fact that
23 any one or more other fjections, subsections, sentences, clauses
24 or phrases be declared -unconstitutional. ·
25 SEc. 18. That certain aet entitled, ''An act relating to and
.26. regulating the carrying, possession, Sfl.le. or other disposition of
. 27 . firear:fi'is capable of being eon cealed upon the person; p:r-ohibit-
28 ing the possession, carrying,, manu.faeturing· and sale ·of certain
29 other dangerotls weapons and the giving, transferring and dis-·
. ·. 30 position thereof to other persons within this s.tate; providing
31 for the registeri1ig of the· sales of firearms; prohibiting the
32 . carrying· or possession of concealed \lireapons in municipal cor-
33 porations; providing for the destruction of certain dangero-:us
a
34 weapons as nuisances and making it felony to use or attempt
85 . -·to use. certain dangerous weapons against another,'' approved
36 . May 4, 1917,is hereby·repealed. ·

AG000085
 '·
. . .
AMENDED· IN SENATE MAY 10, 1923.
AMENDED IN ASSEMBLY APRIL< 27, 1923 ..
AMENDED IN ASSEMBLY APRIJ_j 13, 1923.
ASSEMBLY BILij ·No.. 263:-

INTRODUCED BY MR. HAWES,

January 24, 1923.

. .
.REJ!'ERRED. TO COMMITTEE ON·· JUDICIARY.

'.:··

An act to control and ·Tegula,te the possession, .sa?e dlt~d use_

of pistols, revolvers· and oth.er firearms capable of. qe~ng
concealed upon t.he person}. to prohibit' the manufa.otuif"ci,:
sale, possession or carrying of certain .other dangM:•ouS,
weapons within this state; to p.roV.ide fo1" registering au
.sales of pistols, revolvers o1· other firearms capable of lieii]l[l
concealed _upon the person; to prohibit the carrying, O.f
concealed firearms except ·by lawf~(;lly aut.hori'Zed petsons/
to provide fo1· the confiscation and destruc;tion of suqh/.
weapO??,S in certain casesf to.c pn/hibit the QW.n?rship; use;
o·r possession of any. of such weapons by .certain Class"e$ of ..
per·sons/ to prescribe penalties for violatio1ts of t,h(s ·act
·and increased p·enalties for repea-ted .violations hereof:;Jo:.
a~(;thori'Ze, in proper cases, the·. granting of licenses · o.r
. per.rnits to carry firearms concealed upon the. person} tq .
provide for licensing retail dealers· in such firea1·Jns. cti~;d.
1·erj'u.lating sales thereunder). and to repeal chapter Q.ne .·
h~(;ndred forty-five of Q,alifornia statutes of 1917, relf1tii"ng
t·o fhe Slime subject. - ·· ·
•,

'The people of the State of California do enact as follows:-·

• ,: • I ' '

.•.
] SEcTioN i. On ·and· after .the date upon which this act:
2 tak~s. effle~<;~t, every person who ·within the state of. CaHf9rni~~i
.3 manufac;ti:lres or causes .to be manufaotLI;red, op who import:S'
4; into the state, or who ke~ps for sale, or~ offers or .exposes, for·
5: · sale, or who gives; lends, or· possesses· any: instrument o.r::
.. 6 weapon. of the kind commonly. known as a blackJack,: shin~;;;.
7 shot, b1lly, sandclub, sandbag,· or metal knuckles,· or ·:w:hp··
8 carries _c.oncealed ·Upon.. his_ pe~son any explosive ·.-s:Uhsta:riQ~./

AG000086
 2-
l other than fixed amrminitio.n,· or .who carries concealed upon
2 his "person any dirk or dagget; shall .be guilt:Y' of a felony· and
3 · upon a conviction thereof shall be pmiishable by imprison-
4 m'ent ·in & state prison for not less than one year nor for more
5 than five years.
6 . ·sEc. 2'. · On and after the date upon which this.a~t takes
7 effect, no unnaturalized foreign born person anci. rio person who
· · 8. has been convicted of a felony against the person o:v property
9 · .of another or against the government of the United States or
.10 of the State of ~Oalifornia or of any political subdivision there·of
11 shall own or have in his possessicm or under his custody oi'
·. 12 · control any pistol, revolver or other ·firearm capable of being
13 ·concealed upon .the person. The terms "pistol," "revolver,"
14 and "firearri..J.s cap·able of beip.g concealed upon .the person'' as
. 15 used in this. act shall be construed· tp apply to and include all
··16 fl.rearms having a barrel less than twelve inches in length.· . Any
·17 person who shall 'violate. the provisions of . this section shall
' 18' be guilty 'or a felony and upon conviction thereof shall be
19 punishable by imprisonment in a state prison for not less than -~--
20 · one. year nor for· more than five years. . ··
2i :. SEc. 3. If. any person shall. commit or attempt to commit
. 22 an:i felony within this state while armed with. any of the
23 . weapons mentioned in section one hereof or while armed with
~4 ·any pistol, revolver or other firearm capable of. being concealed
25 · upon .the: person, without having a license or permit to carry
26 'such -firea:rm as hereili.after provided, 1tpon conviction of .such
27 · felony ·or of an attempt to commit such felony, he shall in
28 adclitiQ.li to the punishxil(mt prescri~ed for the crime of which
29 ·he has been -convicted, be punishable· by imprisonment in a .
30 s_tate ··prison for not· less than five nor for more than ten years.
l .}
. !~'

31 . Such additional period of imprisonment shall commence upon

'32 the expiratimi or other termination of the sen'tence :imposed
33 for t!1e crime ()f which he stands convicted and shall not . ·'lli
.J.
..34 . run concurrently virith ·such sentence. ;<)Jpon a second convic~
' 35 ,' tion under like circum'sta.nces such additional period of"imp'ris-
'· ~ _ohnient shall be for not less. ~han teri. Y:~ars n~r for. mor~ than · ·
. 37- fl.fteen years, and. upon a thuO. .conv1ct10n under like Clrcum-
38 · stances such additional period of imprisonment $hall be foi·
· 39 riot less than fifteen nor for inore than twenty-five years, such
40 terms of additional' imp,risohment to run con,secutively as
41 before,. . Upon a fourth or subsequent conviction under like·
' ·42. .circumstances. the person so convicted may be 1mprisoned for
43 t1f'e or for a term of years not less tha:n twenty-five· [years], ,•'!!>
·,
.

, 44 ·vvithin the discretion of the court' :w·herein su.ch fourth or ·

:45 sri.bse'qnent conviction "~as had. ' . ·. . . . .
4'6 .· . In'the trial of a person charged with committ~ng or ·attempt-·
·. '4:7 · ing to· commit· a felony against the person of 'another while
<18. artried with any of the vV.eapons mentioned in secti()n one
. : 49 · )iereof, or wb,ile a~ined with any pistol, revo~ver or. other fire- ·.
·'5o< ami capable of bemg concealed upon the person, without hav- _
. . . 51. Irig. a license or ·permit to C'atry S1lCh firearm as hereinafter

AG000087
 ,.::::

-. 3.
1 provided, the fact that he was so ·armed shall l;Je prima facie
2' evidence of his inte:nt to commit such ~elony. . '
3_ SEC. 4. In no case shall any person punishable under the
4 . preceding sections of this act be granted p1;obation by the
5 trial court, nor shall the ex~cution of the sentence irrfposed
6 upon such person be susp,ended by the court. . ·.
7 ( ) .
8 SEc. · 5. Except ·as· otherwise provided in this act, it 'shall~
9 he unlawful ~or any person within· this state to. carry,; con>
10 cealed upon his person or within a:rw vehicle which is ~~der
11 b.is control ,or direction any pistol, revolver or otl}er fi:r._~arrn .
. i2 . capable of being concealed upon the person witho11t h.~vihg
1:3 a license to carry such firearm· as ·her.eimiftei- ·provid;~d in
14 · section eight hereof, Any person who ·violates the provj~iops ·
-15 of this section shall be guilty of a misdemeanor, and if. -}le -
16 has. been convictecl previously of any felony, or o~ any c#me.
17 made punishable by this aCt, he is guilty •OI a felony. . . .·
18, · This sectioP, shall .not be construed to prohibit .any citizen .
19 of the United States, ·over the age of eighte:en years, 'who
20 . resides or is temporarily sojourning within· this stat13, ~riel·..·
21 who.· is. Iiot withiri. the exeeptecl classes. prescribed by- se(}tio!l. ,.
2.2: two h~reof, from owning, possesshig or keeping withi:ri' his':
23 . place of residence or place of business any pistol, revolVer or:' .
. 9.4 other fi.rearm. caP,.~bl~· of beirig' C0l1Cealed upon the perSO!l/a:nd~ ..;
25 no permit or license 'to purchase, own, possess or keep~.:any.·_
26 such . firearm at his place of. residence . or place of business·
27 ._shall be requ,ired of any such citizen. Firea.r:rns carried o:pt)nly .
28. ii1 belt holsters· shall not be deemed to be concealed wit:hiri
29 the meaning of this section, nor shall knives which ~re c~tried ·
30 openly i!l sheaths suspended from the waist of the wearer.. · .
ql, · SEc. 6. Nothing in the precediiJ.g section sha,ll be const.~ued ·
32 , to apply [to or] affect sheriffs, constables, marshal$, polic€riP,i:ni;
33 whether active or honorably retired; or ot}ler duly a,ppo~i~ted
3.4. pe~ce <;>fficer~, nor to ~ny person sum:r;noned,.·by any .s\tch o1$ceDs .
35 to assist·· in making. arrests or. preserving the p·eace·' while said ·
36 person ~o su~moned is actually engaged in ;assisting · ~uc.h ·
37 officer; nor to the possession or transportation by ~ny: me:ri..r
· 3~ chant ·of ·unloaded fkearms as. merchandise; no.r to ;rnemb,er:s ·of.·
39 th~---l;!.:rmy, navy; or niariue co:rp~ of .t.he United Sta;tes, 9r."the ·
40· :qatichlalguar-d, :When on duty,· or to organizatiim$' which.: are.
41 by lSLW aut1::wri?!~d to purchase o~· receive· such '\-vea:p<;ms ·:firoin
· 42 the Vnited States, or from this.state; nor to duly' ~~th9,;_qjzed.:
.43 m.il~tary or civil. organization~ while ·paradi:q.g, ·no:if to. the mem- .
/ 4~ be:J;s thereof when going to and ~rom the pl~ce$ of m<?:§tiiig, ·
4[) ot their r~spective organizations; _nor. to nieinhers 0~ 'an~--~lul)
46 or. . org~nizl:J,tioil
.. :
~. '.
'now 'e~isti:ng, or.·
. .
]?.ere~:~,fter
.
.6rgaU,:iz~d; for' .the .
~ ~·

)·

AG000088
--~~~--~~~------------- ---

-·4-·

···:r purpose of practicing shooting at targets upon the establishe~l .

2 · target ranges, whether. public or private, while such memb,ers
·3 are using a:p.y of the firearms referred to in this act upon such
4 target ranges, or while going to and. from such ranges; M to
5 licensed hunters or fisllermen while engaged in hunting ·or
6 fishing, or while going to or,. returning from such hunting or
7 fishing expedition. · ·
8 SEC. 7. The unlawful concealed carrying upon the person .
. 9 or within the vehicle of the carrier of any di'rk; dagger, pistol,
10· revolver, or other firearm capable of being concealed upon
11 the person, is a nuisance. .Any such \ve~pons taken from the
· 12 person or vehicle of any person unlawfully ca:r:rying the same
13 . are here.by declared to be nuisances, and shall be surrend<?red
.. 14 to., the magistrate. before whom said. person shall be taken,
15 . except that in any city, city and county, town or other munic-
16 .ipal corporation the same shall be surrendered to- the head of
17 the _police· force or police department thereof. The· officer.s to
18 whom the same may be so surrendered,. except upon the certif-
19 icate of a judge of a court of record, or of the distriGt attor-
20 ney of the county, that the'· preservation thereof is necessary or.
21 proper. to the ends. of justice, shall annually, between the first
22 · ~nd tenth day~ of July, tn each year, destroy or cause to be
23: destroyed such weapons to such extent that the same shall
24 . become and. be wholly and entirely ineffective and useless for
25 th~. purpose for .which it was manufa.ctured; provided,· how-.
· 26 ever, that in the event any such weapon has been stolen and
27 is ther~fter recovered from the. thief or his transferee, the
·28 !3ame shall not be destroyed but shall be restored tq the lawful
29 owner thereof, so soon as its use as evidence has been served,
30 · upon his identification of the weapon and proof of ownership
31 thereof. Blackjacks, slu,ngshots, · billys, sandclubs, sandbags
·32 an<:i. metal knuckles . are hereby declared to be nuisances and
33 . shall· be subject to confiscation . and summary destruction
34 · whenever. found within the state; provided, that upon the cer-
35 tificate of a judge or of the district attorney that· the. ends of
·. 3ffi . justice will be subserved thereby, such weapon shall be. pre- ·
37 serveQ.. until the necessity for its use ceases .
. 38 · SEc. 8. . It shan· be laWful for the sheriff of a county~
3Q . ang the ·board of. poli~e coriunissioners; chief of police, city'
40 marshal, town marshal; or other head o-f the police department
41 of any city, city and county, town, o:r.. other·mu:(licipal corpo.:.
.J2: ration of this state, up-em proof before said board, chief, marshal
43 or ·oth.er police 'head, that the person applying therefor is of
' . 4:4 good moral' -character, and that good c.au$e exists for the
· · · ··~5. ·issuance thereof, to. issue to such person a license to carry 9on-
. 46 cealed a pistol, revolver or 9ther firearm for a perio,d. of one
4 7 · . year from the date of such license. .All applications for such
48 licenses ·shall be filed in writing, signed by the applicant, · .·
...· 4:9 . and shall state the name, OCCUpation, residence and busineS_S>
50 addre::~s- of the applicant, his age,·· height, weight, color of
·5l eyes and hair, and reason i'o-r desiring a license to · carry
5'2 such weapon; Any license issued upon such application shall

AG000089
~-----~~-
---------·-~----·-·~---------------

.....
-5
l set forth the foregoing data and ~hall, ·in addition, . con:tain-
2 'it. d.esGription of the weapon authorized to be carried, -giVing
3 · the· name of the., manufacturer, the se'rial number and the
. 4.. calibre ·.thereof. When such licenses are. issued by a
5 .. ·sheriff arecord thereof shall be kept in the office of the co-unty_
6 clerk; when issued br police authority such record shall be
7 maintained in the office of the authority by whom. issued.
8 Such·. applications and .licenses shall be uniform throughout
g·. the state, upon forms to be prescribed by the attorney general.
10 SEc. 9. ·Every person in the business 0'&. ·selling, leasing or .
.11 . otherwjse transferring a pistol, revolver or other fireE\,rm, of ·.; \"

12. a size capable of ·being concealed, upon the person, whether

··13 su.~h seller, [lessor] or transferrer· is ·a retail dealer, pawn-
14 bi'Ioker or otherwise, except :as her'eiriafter provided, shall_ keep . . ~:~: .
15 a register in which shall be ehtered the time of sale, the. date of ,,O Ao,o

16 ·sale, thE' name ..of the salesman· making the sale, the plaee ·:../
17 where ~old,. the.\m~ke, model, manufactu!'er '~ number, caliber
18 or oth~r ·marks of identification on such pistol, revolver or
. 19 other. firearm. Such register shall be prepared by ana
20 obtained from the state printer and shaU be furnished-.by ~he
21 · state printe;r to said dealer.s on application at a cost of three
.22 dollars ner one hundred leaves in duplicate and sha1l.be in·
23 the· form hereinafter ·provided .. · The pu.rcnaser . of any fire- .
. 24 · arm,· capable of being concealed upon· the person shall sign,.
25 and the dealer shall require him· .to sign hjs. na:ine and affix . . ~·

26 his address to said register in duplic.ate and the salesman shall

27 affix his signatur~dn duplicate as a witness ·to the signatures of . . .
28 · the purchaser. Any person signing a fictitious .name or address ~ · ·
'2~ · is guilty of ·a· misdemeanor. The ·duplicate sheet of such -;,.

30 register shall on the evening of ·the· day of sale, be pfaced in '

31· · thE' mail postage prepaid and properly addressed to the board
32 of polict> commissioners, chief of police, city marshal, town
'33 marshal·. or other head of the police department of the city,
·34 city .an<1 county; town or other municip-al corporation wherein
35 · the sale was ·made; pro,v1:a;e,d, that where the sale is made in· a
36 .district where there· is. I_l.Q- .,.mnnicipal police department,- said
37 duplicate sheet shall be mailed to the county, clerk of .the<
38 r.onnty wherein the sale is made. ·A .violation of any 0£ the.
39· provi~ions of this section by. any person engaged in the· busi~
40 ness.: of selling, leasing. or otherwise transferring such fire-
4l · arm is l'l misdemeanor.· This section shall not apply to whole-.
42 sale dealers in. their business intercourse with :~;:etail dealers~ .....··
43 nor to wholesale, or retail dealers in· the. regular or ordinary ~..!'·.··

44 transportation o~ unload.ed fire~rm~ .as 'mer..chandise. by mail,

45 express or other mode of shipment, to points out~ide · of: the
46 city, city and county, town· or municipal corporation wherein ·.

:: ....

AG000090
 .. -~.

~' o L

\" -·

',#'t t.~_ev are situated, The. r~gist~r: provided for in this -act shall· \· ·
.... 2 be suhstailtiq,lly in the full()win.g form: · ·
q Fcipu. of Register. :~ ,4 •

4 ·Series No.~----- •~
5 Sheet No.-'-·-----~·
6. ORIGINAL.
7 Dea1ers 1 Secord of· Sale of Revolver or Pistol.
8 . State of Ca1ifornia. . .
'· 9 1'\o:t.i~'r t.o dealers: This·original is for your.files. If spoiled\··
10_. · in m;akirig •out, do rio~ destroy. Keep in books. )Nll q-qt in ·::. ··
l
11 dUT)hC:Jte. · ·· . . !;I •·
12 bar bon· duplicate must 'be. mailed on the evening of t~~ ·day:: :''
13 of sale, to head of police comri.J.iss.ioners, · -chief Qf. polic~, · city : •·
14 marshal, town marshal or o.ther head of the poliC.e c,lepartrp.ent '\ .
1 5 . of the .municipal corpqrations wherein the sale ,is made, gr to J ,:
1 6 the county clerk of yo_ur county if~the sale .is made in a district · t
. 17 . ·:where t.nere is no. municipal police departJ,nen~. Violatio1;1 of~·: ~;, ·
.. iS. this law. is a m~sdemeanor .. Use carbon paper for duplicate. @ ·~
19 U ~·e indrlible: pencil. ···
20. · Sold. by-------:--:- ____ _:. ______ :.. Salesman-~------,_-,_ __ .:.: ____ _
· 21 ·ci1·:v, town ·or. township.--------------...,..,...----,-~- . . . ---..::......,._.,....:,
. ' 22 DPsciirtiou of arm· (state whether -revolver or pistol):... __ ..:.,_,__
23 Maker--"" __:_ _________ :...~-~~- Number ______ ~-- Caliber:.__,:_ ___ ..
24. · Na.nie. of purchaser. ______ _:________ ....;age...,---~--.:. ______ y~ars:<,
25 Perm~ne1:it residence (stat.e ,:name, of city, town or towi1,ship,~: .
~6 street and uumber of dwelling)----~·---------..:.-~...: __ .;.:_~_:_ __ ;~·
· 27 Height _ _: ____ feet_:,_.:._..:. _inches:. Occ,upatiop _______ :._ ____ ·_:. __ ,:~: ·
28 Color ..:. ----------~,__skin,....,. __ _: __ ~-eyes ________ ha.,ir __ ~-~--.:.j :.
~ .. _~6 :~-:~~~~~~~--~-~~-~~~aJ.~~~-~e-~:~~~~~~~-~~:~-~~c~J.-~-~~~e~~:~ · .
/ ..g~33 s~ig~~t~l;~-~f-pl;;ch~s~;==========~======~===:=========·~== ~
( Sig:..iing a fictitious name or address is· a misdemeanor:) . {To J.t .
34 . be signed in duplicate.) . · ;'f •.
~~. · Witr~~s~-e"-~igi~;d-i~-d~pli-c~t~.~ale~rna~. 't ;~ ·
·-- 3.7 . Series NO:---~--·t
38 ., .·. Sheet No.----~....;:i· .
..,·. ~ . . ' -.:~h

39 ··. .. DUP.:JJIO.t\.T!i}. .· · . . .
40 Dealers' Record .of Sale of Revolvei' o~· Pistol.
'•'
41 · .State of California. . .
42 Notice to de~:tlers:. This .carbo]]. dupiicate must he' mailed,
43 · on the evening cif the day o£ sale a,s set. forth in the or:.i,ginal: ,.
44. ot this regist@r page. .Viol~tion of this law is a i:p.isdeme.~:J;nor;
45 · Sold by __ ,.?.:. ___ c...:._.., _________ ~_:_ __ ~-- Salesman,------.,.::-~.:.:-:",· · ·

,' '!~48 0
g~~ri~~~~! o fa~~~:~!fe ~h-~th~~-;e-v-olVe;-0-r-pi;t~l)====·==-==··
Maker ·_: _______________ . . ; ___ ---;-.number _____ .:..caliber____ .,...:
49 Name of purchaser ____________________ :._::._age,-~..:...:...____ years. ·

l
.. ·)..
50 Permanent addr~ss (state ·name of city, town or township, ·},

.~~ •~~~~·~-~-~~--~~~-b-·~-~!__d~~~~~g~= ============ ========~:= ==

AG000091
 :_·'!:f, ~·
··;: ..
_.··· 7 .
-. · ... ,,

1 I-f eight_ ---~ __:feeL~ ___ ._jnches. .Occupation -~_,_:_ __ ~.:.~ -~.- --·-
2 Color ·---~--~- ____ :..._skin_-.,.- __: __ eyes_:... ____ .::~_:...hair..,. __ -~- ___ . ·. h

.3 If traveling or ·in. locality· temporarily, give local address :~

. .
4
5 -Si~;~~l;,;-~L.pu~~ch;s~;=====-============================= ',. ~'-.

6 (Signi:ng·a fictitious naine or address is a misdemeanor.) (To

7 . be signed in duplicate.) · ·
8 Witr.esrr . :. __: _______________ .:__, salesman.
9 (To be signed in duplicate.) ·· \'·'

10 SEc. 10. No person shall sell, deliver or otherWise transfer

11 any ·pistol;· revolver or other firearm .capable of being con-
12 cealed· upon :the person to any person whom he h&s cause. to -:.··.·
... ,;.-
13 believe .to be within. any of the ·classes prohibited by· section
14" two hereof from owning or possessing such .firearms, nor to any
15 minor under the age 6I eighteen years. In no event shall any
16 .such firearm be d·elivei'ed to ihe ,purchaser tj.pOn the day .Of the
17 application for the purchase thereof; and wheri delivered ·such.
··18 ·firearm· shan· be seGurely wrapped. and sha~l be unloaded.·
19 Where neither party to the transaction holds. a dealer 's.license·,
20 no person shall sell or otherwise tran~fer. any such firearm ·: ..'"\-;
21. to any other person within this state who is not personally . . ,.,

22 known to the .vendor. Any violation· of the provisions of this.

23 section ·shall be a misdemeanor: · · ·-:.;··.

24 ' SEc. [11]'. The duly .constituted licensing ·authorities of

·'25 . any county, city and .county, city, .town or other municipality ,..._·.

:26 ·within this·state, may, grant licenses in form prescribed by the

27 'attorney general 1 effective for not more than one year from.
28 dat"e of issue, permitting· the _licensee to sell ·-at retail within
·'2'9 the said countY, city and county, city, town· or other rriunic- ·.
30 ipality pistols, revolvers, and other firearms cap·able of. being ·
.. 31 _concealed upon the person, subject to the following~onditions,
32 ·for breach of any Of which the license shall be subject to . ··~. : . .. ·,

3·3. forfeiture : . . · _ .
···.'':'

34 1. rfhe .bu!siness shall be carried on· only in the building · '.

:3'5. 'designated in the license; ..

36 2, The ·license or a copy thereof; certified·: by the issuing
37 authority, shall be displayed on the premises where it can
38 .easily pe read. ·
39 . 3 .. No pistol or revolver shall be delivered .. ··.I

40 . (a) On the day of ·the app!ication for the purchase, arid ·

:·.
41 when delivered· shall be unloaded and s.ecurely wrapped; nor
.,

42 (b) Unless the purchaser either is pers.onally known ·to the

43 seller or shall present clear evidence of his .identity. ·
44 4. No pistol or revolver, or imitation thereof, or placard .·' :..-·.:· . :

45 advertising the sale or. other transfer thereof, shall be .displayed

46 in any part of said prerp.ises. where it can -readily' be seen £rom
47 . the outside. .. 1
•

48 SEc. [12]. .A.ny person who, without being licensed as ·

.. ··.
'4§' above provided, eri.gage.s in the business of selling or .otherwise .:' :.~·.

5,9 transferring, 10r who advertises for sale, or offers or exposes for ·. .·._.:
.....
sale or transfer, any pistol, revolver or other firearm capable
.I· .. 51 .·.'

·,· ··....
'.
··-· '~- ·..
l· '\ ~--

AG000092
 ~-·
8-
1 of being conceaJed upon the person lS guilty of a inisde-
·.. 2 meanor.
3 SEc. [13]. No person.shaU change, altei', remove, or ·oblit-,
4 erate the nanie of' the maker, model, manufacturer's number,
5 or other mark of identification on any pistol· or revolver.·
6 Possession of any such firearm. upon which the same shall
.7 have been changed, altered, removed, or obliterated,. shall be
8 ·presumptive evidence that suc.h possessor has changed, altered;·
9 1~emoved, or obliterated the same. Violations of this sect-jon
10 shall be punished by imprisonme:ut in tP.e state prison for·
1i not less than one year nor more than five. years.
12 · SEc. [14-]. All licenses hereto-fore issued within this state
13 permitting the carrying of pistols or revolvers concealed upon'
14 the person shall expire at midnight of December 31, 192'(1:.
15 SEc. [15]. This· act sh.all not apply to antique pi,stols or
16 r~volversincapable of use as such.
17 ·SEc. [16]. If any section, subsection, seritenee, clause o.r
18 phrase of this act is for any reason held to be uncon-stitutional .
19 such decision shall not affect the validity . of the remaining.·
20 portions of this act. The legislature hereby decl_ares that ....
21 would have passed this act and each section, subsection, s·en :
22 .tence, clause and phrase thereof, irrespective of the fact ·
23 any o:ue or more other· secti9ns, subsections, sentences, clau."'"'"'ra.
24 or phrases be declared unconstitutional, --
· 25 · :SEc. [17]. That certain act entitled, ".An. act rela.tii~.g
26 and regulating the car;rying, p10ssessio1i, sale or other disposi :
27 tion of firearms capable of being concealed upon· the persorr,.
28 . prohibiting the possession, carrying, manufa-cturing and 'sale
29 . of certain other. dangerOus weapons and the giving, transf
30 ring and disposition thereof to. other persons within this st~te;:
81 ]lfOViding for .the registering of the. sales of firearms; prohibit-.
32 ing the carrying or po.ssession of-c,oncealed weapo·ns in mu.LLH.,.L-·."-·
33 pal corpo·r::i.tions; providing f.or the destruction of · ·
3-1t: dangerous weapons as nuisances and making.,.it ·a felony
35 use or · attempt to use certain dangero.us weapons "
36 another,'' approved May 4, 1917, is. hereby re·pealed .

·-:· ... .0

AG000093
A brief history of modern police batons https://www.policeone.com/police-products/less-lethal/batons/articles/a-b...

The use of straight, side-handle and collapsible batons in modern law enforcement

By Andre Wong, PoliceOne Contributor

Though the baton used to be a fixture of law enforcement equipment, its use has been phased out by
modern officers in favor of other less-than-lethal options like TASER weapons and pepper spray.

Proponents of the baton will argue its merits, saying that the tool is actually quite versatile when put into
trained hands and should remain a part of the police force’s arsenal. The changing designs and roles of
the baton in law enforcement actually tells us a lot about the evolving role of the police force through
history.

Wooden straight batons

Wooden billy clubs, truncheons, batons, espantoons, and fire axe handles were among the first weapons
to be issued to law enforcement. They’re still considered by many to be among the most useful and
reliable tools carried by police officers.

Mastering the straight baton was once a point of pride for officers, who used them for communication,
guiding traffic, and detaining suspects. In the Victorian Era, English ‘billy clubs’ were individually
decorated with the Royal coat of arms to denote their service to the crown, and often marked with the
initials or family crest of the user.

From the beginning, police forces were discouraged from using their baton to deliver dangerous strikes to
criminals. However, the early wooden designs were incredibly sturdy and could cause bone breaks,
concussive damage, and other serious injuries when applied to vulnerable targets on the body.

Ceremonial police batons were once presented to senior NYPD officers by the men under their
command. (AP Photo)

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A brief history of modern police batons https://www.policeone.com/police-products/less-lethal/batons/articles/a-b...

This use of billy clubs carried over to American police forces, where Baltimore police units became
famous for twirling their large wooden espantoons while walking their beats. Because these weapons were
so formidable, the implied threat of violence would often stop a fight before it even started.

Unfortunately, overuse of the straight baton created a negative public image for the tool following the
Civil Rights movement of the 1960’s. Televised images of the police force using their batons on minorities
gave it a bad rap, and today, straight wooden batons are no longer standard issue in most jurisdictions.
The only ones you’re likely to see on the street were grandfathered in, which means whoever’s carrying it
probably has decades of police experience under their belt.

Side handle batons

The side-handle baton was introduced to American law enforcement in 1972.The most famous example of
this is the Monadnock PR-24, whose iconic design and use by Los Angeles sheriff and police departments
have popularized it for many departments across the country.

LAPD officers at the Staples Center carrying side-handle batons. (Photo: Chris Yarzab)

The PR-24’s design gave the baton the ability to be a defensive tool, rather than just an offensive striking
weapon. Officers could use the side handle to hold the PR-24 like a splint, allowing the baton to block
incoming strikes when the long end was braced against the arm. The “Y” gap created by the side handle
and the short arm of the baton could also be used to control a suspect’s wrist, arm, or neck in a pinch.
This shift from “beatdown weapon” to tool of self defense and control pushed many departments to
replace the straight stick for side-handle batons.

The PR-24 is perhaps less intuitive to use than a straight stick, but offers more options for self-defense
and crowd control with the proper training. It's also available in an expandable version to fit more
conveniently on an officer's belt.

Expandable Batons
Founded in 1976, ASP Inc. is one of the oldest and most well-known manufacturers of expandable batons
in American law enforcement. They’re so common that some cops will use the name “ASP” to refer to any
expandable baton.

The expandable metal baton is perhaps the most popular version of the baton for law enforcement today.
Ranging from 16” - 31”, the ASP is versatile and can be used for any duty assignment. It’s very light, which
comes with its own set of pros and cons. Because of its weight, the ASP’s reload time is cut down and
officers are able to deliver multiple strikes in a short period of time. On the other hand, the ASP might
require multiple strikes to subdue larger attackers because of its stopping power. Heavier versions of

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A brief history of modern police batons https://www.policeone.com/police-products/less-lethal/batons/articles/a-b...

expandable batons, such as the PeaceKeeper RCB, attempt to remedy this problem by making a sturdier,
more robust baton.

Baton use declined in the late 20th century as other less-than-lethal options such as TASER weapons and
pepper spray became more widely available. Despite their usefulness, many officers have stopped
carrying batons because their use often requires more justification than other options.

3 of 3 10/17/2019, 10:13 AM
AG000096
AG000097
AG000098
 © 2007
by Krause Publications

Published by

฀ ฀
¸

฀ ฀ ฀ ฀

Our toll-free number to place an order or obtain

a free catalog is (800) 258-0929.

All rights reserved. No portion of this publication may be reproduced or transmitted in any form
or by any means, electronic or mechanical, including photocopy, recording, or any information storage
and retrieval system, without permission in writing from the publisher, except by a reviewer who
may quote brief passages in a critical article or review to be printed in a magazine or newspaper,
or electronically transmitted on radio, television, or the Internet.

The views and opinions of the author expressed herein are not necessarily
those of the publisher, and no responsibility for such views will be assumed.

In regard to the mechanical and safety aspects of the guns covered in this book,
it is assumed that the guns are in factory original condition with the dimensions
of all parts as made by the manufacturer. Since alteration of parts is a simple matter,
the reader is advised to have any guns checked by a competent gunsmith.
Both the author and publisher disclaim responsibility for any accidents.

Library of Congress Control Number: 2006935767

ISBN 13: 978-0-89689-498-3

ISBN 10: 0-89689-498-3

Designed by Patsy Howell

Edited by Ken Ramage

Printed in the United States of America

AG000099
 CONTENTS
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ABOUT THE AUTHORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

CHAPTER 1. IN TOUCH WITH THE FUTURE: Assault weapons are no longer

dirty words in this era of world-wide uncertainty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

CHAPTER 2. BIGGER IS BETTER: Today’s warfare calls for bullets that are larger and meaner! . . . . 15

ARMALITE’S 338 LAPUA MAGNUM: This bolt-action is a medium-bore powerhouse! . . . 18

WEATHERBY’S THREAT RESPONSE: Even before 9/11, events called for change
in this company’s product line! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

A MATTER OF INTERVENTION: CheyTac’s 408 takes sniping into the

realm of computer science! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

THE BIG BORES OF VALY ROSCA: He was learning firearms

production at the age of 14! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

A MATTER OF CONVERSION: Alex Robinson is upgrading combat calibers. . . . . . . . . . . 37

CHAPTER 3. FROM BILLY CLUBS TO PEPPER BALLS: Interest is growing in the

non-lethal weapons of today’s world. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

CHAPTER 4. A SKILL CALLED SNIPING: Once morally controversial, it has been

accepted that a single marksman can influence battles! . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

THE MANY GUISES OF THE SR-25: Is Knight’s Armament competing with itself;
its various arms featuring the same basic design? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

SAVAGE GOES TACTICAL: Following the lead of others, this old-line company
has tooled up for sniper rifles! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

RETURN OF THE AR-10: Gene Stoner’s original battle rifle takes on

new life and combat meaning today. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

REMINGTON’S VENERABLE M24: This bolt action has been the U.S.
sniper tool for longer than some of its shooters have been alive! . . . . . . . . . . . . . . . . . 68

CHAPTER 5. THE THEN & NOW OF SMALL-BORES: The when and why of this
type of ammunition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72

CHAPTER 6. THE AK VERSUS THE AR: A hard look at the world’s two most used
tools of warfare. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

ELEVATING THE AK RIFLE: American ingenuity adds new appeal

to this Russian-originated firearm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

CHAPTER 7. RUGER GOES LAW ENFORCEMENT: Some old standards are being
face-lifted for battle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

CHAPTER 8. IT’S NOT JUST THE FIFTIES ANY MORE: Barrett Firearms began biz with
the 50 BMG, but new calibers are making their appearance. . . . . . . . . . . . . . . . . . . . . . . . . . 94

AG000100
CHAPTER 9. HANDGUNS & THE ASSAULT: Charging enemy positions with only a 9mm or
45 Auto is not recommended, but it has happened! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

CHAPTER 10. UPDATING THE 223: Bushmaster’s C25M4 looks like our military
M4 carbine, but it is a Carbon 15 creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

CHAPTER 11. WHAT EVER HAPPENED TO ACCURACY: Political influences,

juggling of target scores and limited choice of weaponry
are answers enough! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

CHAPTER 12. WHAT ABOUT SHOOTING SCHOOLS?: Most of what is taught

today is based on history that has been updated for modern weaponry. . . . . . . . . . . . . . . 120

THE TURNIPSEED TOUCH: In 1980, this shooter took exception to the lack of a
true martial arts course connection in defensive firearms handling. . . . . . . . . . . . . . 121

FIREARMS TRAINING ASSOCIATES: Bill Murphy walks the walk and students
listen when this law enforcement veteran talks the talk. . . . . . . . . . . . . . . . . . . . . . . 125

THE COMBAT TRAINING TEAM: Instructors at this British-based school

bring war and crime-fighting techniques from abroad. . . . . . . . . . . . . . . . . . . . . . . . . 129

FILIPINO CQB COMBAT TRAINING: When civilian instructors undertake training

in foreign lands, considerations are given local customs. . . . . . . . . . . . . . . . . . . . . . . 132

CHAPTER 13. PASSING OF THE SUBGUN: An idea, the time for which
has come...and gone! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136

CHAPTER 14. THE SEARCH FOR SILENCE: Those days when wars resembled noisy
celebrations are long gone; sound suppressors are the In Thing! . . . . . . . . . . . . . . . . . . . . 142

CHAPTER 15. HOME DEFENSE IS A PREFERENCE: Most of us have our own

ideas as to what firearm would serve best to protect life and property. . . . . . . . . . . . . . . . 147

MOSSBERG’S MODEL HS410 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

KEL-TEC’S SPORTS UTILITY 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149

HI-POINT’S 40 S&W CARBINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

BERETTA’S 9MM CX4 STORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156

RUGER’S AUTO-LOADING CARBINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159

CHAPTER 16. IT’S NOT GRANDPA’S OL’ SCATTERGUN: Combat-oriented shotguns

of today are a far cry from the family smokepoles of a bygone era! . . . . . . . . . . . . . . . . . . 162

CHECKING OUT THE SABRE 12: Mitchell Arms’ semi-auto shotgun was designed
with law enforcement needs fully in mind. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

REMINGTON’S MODEL 870 MAX: This old-timer in law enforcement circles

is the basis for a total combat scatter-gunning system. . . . . . . . . . . . . . . . . . . . . . . . 172

FN HERSTAL’S COMBAT SELF-SHUCKER: This Belgian company now owns

Browning and Winchester, so why not compete with a battle-designed shotgun? . . . 175

MOSSBERG’S 590 NINE-SHOOTER: One of the maker’s Persuader law enforcement

models, this one proves itself with modern magnum loads. . . . . . . . . . . . . . . . . . . . . 179

AG000101
CHAPTER 17. SORTING OUT MODERN AMMUNITION: Some long-time
respected cartridges are about to lose their tenure as
favorites for combat scenarios. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

CHAPTER 18. OLDIES BUT GOODIES: Good guns, like old soldiers,
never die…eventually, they return as replicas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

REVIVAL OF THE THOMPSON: Our nation’s first submachine gun has never
really gone; now it’s back in a semi-auto version. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

RETURN OF THE 8MM MAUSER: The design is more than a century old,
but the concept still ensures a top class rifle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

RETURN OF THE OLD ’97: This aged thunderstick has seen heavy
service in the game fields, home defense and battlefields. . . . . . . . . . . . . . . . . . . . . . 201

REBIRTH OF A MEMORY: A clean U.S. Carbine, Caliber 30-M1 has been

difficult to find, but that situation is changing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205

A SHORT-LIVED REPLACEMENT: Post-WWII military powers wanted an

all-purpose weapon to replace the Garand, the BAR and the submachine gun. . . . . 210

JOHN GARAND’S ITALIAN CONNECTION: This designer’s war-winner led

to copies being made, while the rifle still was in U.S. production. . . . . . . . . . . . . . . . 213

CHAPTER 19. TO KEEP IT SHOOTING…: The basics of firearms care

don’t change much, but some of the needs and equipment do. . . . . . . . . . . . . . . . . . . . . . . 217

CHAPTER 20. FROM BAYONET TO MULTI-TOOL: Future infantry rifles

will probably be bare, which is why good field knives
will always be in demand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

CHAPTER 21. IT’S A REAL GAS!: Actually, there is nothing humorous

about gas mask drills conducted by troops these days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226

CHAPTER 22. SPECIAL LOADS FOR SPECIAL FOLKS: There has been
much discussion concerning improvement in combat weapons,
but ammo has been improved, too! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231

CHAPTER 23. SHORT-RANGE MARKSMANSHIP: Introduction of the

M4 Carbine to U.S. forces bring about a range potential
of 300 yards – or less! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

CHAPTER 24. FROM UZI TO CORNERSHOT: In its short history as a nation,

Israel has had to depend upon its own military industries. . . . . . . . . . . . . . . . . . . . . . . . . 241

CHAPTER 25. THE PERSONAL DEFENSE WEAPON: Just another name for
a carbine, subgun or assault rifle? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248

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 CHAPTER 3

FROM BILLY CLUBS TO

PEPPER BALLS
There Appears to be Growing Interest in
What are Termed Less-Lethal Weapons in
Today’s World

WARFARE GENERALLY IS conducted with described the New York police encountering Irish rioters
an array of lethal weapons and some of those same during the 1863 Draft Riot, stating “their locusts fell on
weapons, wielded by military personnel, have been used heads like rain on a roof.”
to maintain order within countries. However, during the The burly police officers – themselves primarily
19th century, as value of the life of an individual gained of Irish extraction – hit hard with their locust wood
importance in Western republics, police officers were batons as they would have with blackthorn canes and
expected to bring in most suspects alive. shillelaghs in the Old Country. Quite a few rioters did
Sir Robert Peel, then Great Britain’s Home Secretary, not survive the blows. However, this bothered neither
formed what is considered the first modern police side and ultimately it required Federal troops, fresh
department. That took place in London in 1829. Under from Gettysburg, to put down the riot with the threat
his guidance, the uniformed officers came to be known of artillery.
as “Bobbies” or “Peelers” in his honor. These officers “Traditionally, the policeman’s main job was that
were forbidden to carry firearms on patrol, which of keeping what were considered the lower orders in
distinguished them from the country’s armed forces. line,” Steele reports. “The upper classes did not want
Instead, the so-called Bobbies were armed with nothing to know how this was done. Until the 1960s, in fact,
more than a short wooden truncheon. no one questioned the use of head blows in non-lethal
“Of course, this armament policy cost a number of situations. A suspect who decided to resist the police
early Bobbies their lives, since the villains of the era still all too often could expect to be rendered unconscious
had their guns,” David Steele reports. “The truncheon via such blows. There is no doubt that it is easier to
– variously known as a cosh, billy, nightstick or baton handcuff an unconscious person, but concussion or
– is the most basic tool of the police officer, separating depressed skull fracture can result in brain damage and
him from the soldier on one side and the common citizen even death.
on the other. Even now, with 45 of our states authorizing “Back in the days when head blows were standard
private citizens to carry handguns, authorization to procedure, some officers preferred a sap or blackjack
carry so-called blunt instruments is rare.” to the wood baton. The sap was a leather-covered flat
The nightstick also exemplifies or round piece of lead with a spring handle, although
why such weapons now are called it could contain lead shot rather than a solid piece of
“less lethal” rather metal. The latter usually was safer for the suspect, as
than “non-lethal.” the lead shot would spread out when it hit bone. In fact,
One newspaper the first blackjacks were leather bags of lead shot used
by 19th century muggers to incapacitate a victim.”
The modern form of blackjack was well known by the
time of the Civil War and usage was simple. The officer
could carry it easily in a slash pocket of his uniform
pants, thus making it much more convenient than


The ASP T21 telescoping baton expands from
eight to 21 inches. Satin chrome or black chrome
shafts are held in place by an ordnance-quality
spring and an O-ring sealed cap. It is compact but
intimidating in action.

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 area denial such as Viet Cong tunnels and barricaded
suspect rooms.
The two commonly encountered types of tear gas are
known as CN and CS. A vomiting gas called DM has
been developed, but has been found too disabling and
sometimes lethal for use in American riot control.
Steele has found that “in the l960s, the late Colonel
Rex Applegate and several scientists developed a CN
aerosol spray that came to be known as Chemical
MACE. Used first in Latin America, the initial use
in riot control in the U.S. was by police in Berkeley,
California, around 1970. They advanced on the crowd
with the MACE canister in one hand and a nightstick in
the other.”
Eventually, several companies came to supply CN
and CS aerosols for police and civilian use. Larger
In days gone by, some officers carried brass knuckles as munitions for 37mm launchers and hand grenades
less-lethal weapons. In most instances, they had been confiscated were made by Lake Erie, Federal, Penguin and Smith
& Wesson. AAI Corporation in Maryland developed a


from criminals.
plastic-bodied grenade, which avoided the flammable
properties of earlier riot grenades. This corporation also
a wood baton. When necessary, it was applied to the designed the CS Ferret projectile, which launches three
back or top of the suspect’s head. The resulting brain cubic centimeters of agent via a 12-gauge rocket-shaped
displacement would result in concussion and hopefully cartridge. The Ferret could be lethal at close range, but
unconsciousness. It was probably less likely to result was intended to penetrate light barricade material in
in a depressed skull fracture, brain damage or death order to saturate rooms or the interiors of vehicles.
than application of a hardwood stick or an aluminum
flashlight, but it still had several drawbacks. The
blackjack was too short to allow much standoff distance
and its lack of rigidity prevented use in leverage “come-
along” techniques.
According to Steele, “In the 1970s and ’80s some
thought the side-handle PR-24 baton would replace all
straight sticks and blackjacks. Though it worked well, it
was bulky and took up space in an already overcrowded
duty belt. Today, it is more common to see a telescoping
metal baton such as the ASP.
“This is a collapsible version of the medieval
Japanese policeman’s jitte. In Japan and Taiwan, the
telescoping baton has been in common use since the late
1960s, but it took another 30 years to be accepted in the
U.S. The telescoping baton is as easy to use as a sap,
but provides the versatility and standoff distance of a
baton. However, the goal in law enforcement has become
to provide even greater standoff distance with less skill
and strength required.”

Chemical Weapons
The first less-lethal weapon that could be used at a
distance was tear gas, which was developed in World
War I. Since, it has been used widely in riot control, This is MK Ballistic Systems’ 37mm Flexible Baton shell for use in
in chemical-biological-radiological training and in typical police tear gas grenade launchers.

This police shotgun from Scattergun Technologies is a

modified Remington Model 870. It is considered the
American police officer’s first line of defense in riots and is
particularly versatile when used with less-lethal loads.

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 “In theory, at least, future rioters could be funneled
onto streets covered with Instant Banana Peel and when
they fell, they could be frozen in place by Sticky Foam,”
Steele contends.

Projectile Weapons
Traditional riot control assumes an angry mob that
has gathered in a single place can be dispersed or
driven off into side streets. While this sort of riot still
occurs, the most dangerous situation is the wide-area
insurrection such as those in Los Angeles in 1967 and
again in 1992, involving arson, looting, random assaults
and even sniper fire.
“Chemical agents and batons are of little use against
criminal gangs driving from one target to the next,
attacking motorists, looting gun stores, burning shops
owned by racial enemies, ad infinitum,” Steele has
learned. “The best single weapon against this sort of
insurrection is the 12-gauge pump-action shotgun.”
This particular weapon allows a variety of lethal
and non-lethal tools to be used, including #00
buckshot, special purpose loads like the AAI Ferret
and grenade launcher, as well as the MK Ballistic
Systems’ Flexible Baton.
Some of the better known anti-riot weapons were
developed around the single-shot 37mm tear gas
launchers made by Federal and Lake Erie, as well
as in various European countries. A wooden baton
MK Ballistic Systems’ 37mm Flexible Baton shell is positioned shell was developed for “skip-firing” against rioters’
amid the shot-loaded beanbag payload for use from 37mm tear gas legs. First used in Hong Kong in the mid-1960s,
grenade launchers. Berkeley police used this device against student rioters


“More recently, pepper gas or OC (oleoresin capsicum)
have become popular for personal aerosol projectors,”
Steele has found. “It is reported to be more effective on
in 1971. Nicknamed the “knee knocker,” the most
common sort was a “multiple baton shell” made by
Federal Laboratories.
It was the British who pioneered the so-called “rubber
bullet,” actually a long baton shell fired from a gas
drunks, dopers and emotionally disturbed individuals. It grenade launcher. It was introduced in Northern Ireland
also is effective against dogs and other animals, unlike as a weapon against the Irish Revolutionary Army.
CN or CS. A firm called Cap-Stun has developed an OC From this initial research came the ARWEN (Anti-Riot
grenade for riot control, but thus far, bulk dispersion of Weapon, Enfield), which was produced first as a single-
its cayenne pepper load has not reached the level of CN shot device, then in a five-shot configuration.
or CS.” “Produced at the Royal Small Arms Factory of Enfield
Incapacitant gases are the most common chemical Lock, the ARWEN 37 entered British Army service in
devices, but not the only ones. Some are not new, but 1979. In 1985, it was adopted by the Los Angeles County
have had technical problems in development. For Sheriffs Department and was used to quell a major
example, what is known as Instant Banana Peel is an riot in the Men’s Central Jail in 1986. Issued to police
area denial weapon that dates back to 1970. It was sergeants, it was used to a limited extent on looters in
designed to be sprayed on streets, making it impossible the 1992 Los Angeles riots,” Steele reports.
for rioters to stand up. Another device called Sticky The ARWEN 37 is a five-shot, revolving-cylinder
Foam will project a gooey liquid as far as 35 feet, 37mm carbine that is capable of placing accurately
freezing a suspect in place. at 100 yards the 2.7-ounce, 4-inch plastic flat-nosed

This is one of the newer 37mm gas grenade

launchers available to police. It can be used
easily with riot loads from MK Ballistic Systems.

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projectiles called batons. The baton is launched
from an aluminum case in front of a one-gram
charge of blackpowder. “The ARWEN is effective,”
Steele feels, adding, “but at $1,500 per copy, the
greatest problem is getting enough of them into
the hands of police officers.”
A device related to the so-called rubber bullet
guns is the “stingball grenade.” Listed as the
No 15 Stinger Grenade, this item is marketed
by a Smith & Wesson subsidiary, Defense
Technology Corporation.
“Hand-launched, the stingball has a three-
second mechanical fuse. When it explodes, it
sends 180 three-eighths-inch rubber pellets in a
360-degree radius out to 50 feet,” David Steele
reports. “The Los Angeles Sheriffs Department
used the stingball effectively in the 1986 Central
Jail riot in spite of low ceilings, which tended to
inhibit the device’s ideal air burst capability.”
Steele feels that one of the more interesting
devices marketed in the 1970s was the Mark
70 Model 2 Stun Gun from MB Associates.
This device fires what were called “stun bags,” David Steele checks out a rifle-sighted Remington Model 870 pump gun,
actually beanbags loaded with bird shot. They which he is about to load with the MK Ballistic Systems 12-gauge Flexible
could be fired from the 37mm gas launchers as Baton Shell for testing on a police department firing range.
well as from the 40mm M79 grenade launcher.
More recently, the beanbag concept has
been taken up by MK Ballistic Systems of Hollister,
California. MK turns out a complete line of what are
called Flexible Batons. These beanbags can be fired

hit in the chest by one of these balls is painful enough,
but multiply that by half a dozen hitting and dispersing
the pepper agent simultaneously and one is in for real
from 37mm and 40mm launchers in several variations pain!”
marked as Close Range, Low Impact, Standard, Long The TAC-700’s hopper carries 200 rounds and a 48
Range, Super Long Range, Tri-Flex and Multi-Flex. cubic-inch compressed air bottle that provides the
“However, the firm is best known for its specially power. It is accurate up to 60 feet.
loaded 12-gauge cartridges that are marked as Close
Range and Standard; there also is a dye marking Electric Weapons
round,” Steele reports.
Accurate up to 25 yards, these loads can give an Some 40 years ago, at the height of the civil rights
officer anti-riot capability without the issue of a new disturbances, Southern police officers were known to
and expensive weapon. This setup allows him to use cattle prods to keep demonstrators moving. This
“reach out and touch” looters without
endangering himself or standing around in
full riot gear, waiting for rioters to attack at
stick distance.
“For safety reasons, those departments
that issue beanbag rounds also issue a
special dedicated shotgun to minimize
the possibility of using lethal rounds by
mistake. The round has been used against
knife and stick-wielding suspects as well
as mental cases to avoid the use of deadly
force,” Steele reports.
One weapon that combines impact and
a pepper agent is the PepperBall Launcher
manufactured by PepperBall Technologies in
San Diego, California. The company makes
a pistol-styled launcher called the SA-10,
a paintball-style carbine designated at the
SA-200 Semi-Auto and a full-auto carbine
known as the TAC-700. These devices can
shoot inert impact rounds, training rounds,
marking rounds, glass-shattering rounds
and live pepper rounds.
“The TAC-700 is the top of the line,
capable of shooting 700 pepper balls per
minute on full auto,” according to Steele’s
findings. “It is useful for crowd control, J.H. Cuadras of MK Ballistic Systems shows Steele the shot-filled beanbags which
barricade-busting and area denial. Getting fit into 12-gauge Flexible Baton shells.

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 “As usual, the truth is more complicated,” Steele
contends. “Suspects may have serious pre-existing
medical problems, heart conditions, be overweight, suffer
drug addiction, but still decide to fight with officers
who have to use a variety of weapons and restraint
techniques. Obviously, the lawyers are just going for the
bucks without consideration for the public good and the
nature of hand-to-hand combat in the real world.”

Exotic Weapons
In order to avoid civil liability, international disputes
and local police corruption, while fighting terrorism
and piracy, shipping firms have experimented with less-
lethal weapons instead of using mercenary guards and
military small arms.
Terrorism can occur in any waters, although it is
more likely to happen these days in Muslim-infested
areas. For example, in 2000, the USS Cole was attacked,
while refueling in Yemen. A power boat pretended to be
operated by local workers and the two suicide bombers
aboard the small boat killed 17 U.S. sailors and put a
major hole in the vessel in the name of Al Qaeda. It was
this event which has led to greater research on ship
protection, both in the U.S. Navy and in commercial
shipping circles.
One offering which grew out of this research has been
the Long Range Acoustic Device (LRAD), developed by
the U.S. military to keep operators of small boats from
approaching U.S. warships.
“The military version of the LRAD is a 45-pound
dish-shaped unit that can direct a high-pitched piercing
tone with a tight beam,” Steele has learned.
“American Technology Corp. says
the LRAD can emit a shrill
tone of 150 decibels.
David Steele has learned the hard way that such instruments as the For the sake of
D-cell MagLite can be utilized as an emergency impact weapon, comparison, a smoke
depending upon the situation. alarm produces


was pilloried in the press as using an “animal” device
on people, as was the PVC sjambok bullwhip used in
80 to 90
decibels
and the
Concorde
at takeoff
South Africa.
“The actual merits of the device, compared to guns produces 110
and sticks, were ignored,” Steele points out. “The cattle decibels.”
prod image largely killed Electon and Shock-Baton The LRAD
electrified nightsticks of the era.” also boasts a loud
The XR-5000 Nova stun gun used 50,000 volts hailer function that
and was small enough to be carried as a self-defense can transmit voice
weapon. However, it had to be kept in constant contact commands clearly
with the suspect for several seconds to produce to neighboring
temporary disablement. The normal tendency, of course, vessels even in
was for the suspect to pull away. combat. On full
The most successful electric weapon has been the power, it can emit
TASER (named for Thomas A. Swift’s Electric Rifle, an acoustic wave
which was created in the 1920s for teen-age fiction at 150 decibels into
readers). It was developed around 1970. Early versions a beam of between
were square, bulky and difficult to aim. However, the
device delivered two darts – each trailing electric wire
– out to 15 feet. Current versions of the TASER are
pistol-shaped as is the M26, which shoots to 35 feet. The

This electric stun gun
from U.S. Protector,
Inc. is used by police,
smaller X26 version has become quite popular, being
security agents and
easy to carry on the duty belt on a daily basis. It has a
civilians. About
contact stun capability as well as the wire system. 50,000 volts are
At this writing, trial lawyers are attacking the projected into the
TASER for some in-custody deaths they allege are due subject upon contact.
to the suspects having been “tased.”

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 Looking back on his own law enforcement career,
David Steele reports, “One time I was frisking a drunk
on a patrol car hood, when his 200-pound buddy tried to
punch my lights out. As he pulled his left fist back, I hit
him in his left elbow with a 22-inch C-cell Kel-lite. He
was wearing a field jacket, but the impact still could be
heard 20 feet away.
“Though he didn’t ask for medical attention, he didn’t
want to fight anybody after that. The blow had changed
his mind. Ideally, that is what less-lethal force does: It
changes people’s minds.”
Modern less-lethal devices tend to increase the
standoff distance, so suspects do not get close enough to
injure the officer. In many situations, the objective is to
make troublemakers leave the area or to cooperate with
officers’ instructions. Taking a violent or armed subject
into custody may require a higher level of force.
The Heckler & Koch flare gun – not sold in some states – features an “I believe the basic equipment for police officers
injection-moulded body, safety, magazine and universal directions will continue to be the pistol and the nightstick,”
label. MK Ballistic Systems has developed a Flexible Baton load for Steele contends. “Hiring officers who are physically
incapable of hand-to-hand combat is a mistake. You


this compact launcher.
don’t lower excessive force complaints by hiring those
unable to use force.”
However, a new concept may be in the making. In
15 and 30 degrees out to a distance of 300 meters, Iraq, U.S. military forces now are employing a laser tool
with 100 decibels out to 500 meters. According to the at check points that will temporarily blind a driver. This
manufacturer, this high-pitched frequency “has enough is an effort, of course, to cut down on the shootings of
intensity and volume to physically compel the human innocent people.
target to leave the vicinity.” The project which, at this writing, is still in the
It has been shown that the LRAD is not just pilot stage is aimed at equipping thousands of M-4
theoretical. On November 7, 2005, the Seabourn Spirit, carbines with the 10-inch laser which sends a dazzling
a luxury cruise liner owned by Carnival Corp., was beam of intense green light to affect the vision of the
in international waters 100 miles off Somalia. This vehicle driver.
particular country, which has had had no functioning U.S. Army General Peter Chiarelli, on the scene in
government for more than 15 years, fits the profile Baghdad, has stated, “I think this is going to make a
for piracy. More than 25 ships were hijacked in these huge difference in these check point confrontations. “I
waters in 2005, including a chartered United Nations promise you that no one will be able to simply ignore it.”
aid vessel. It should be pointed out, however, that the Geneva
Unknown to the paying passengers, the ship had Convention bans the use of lasers that could cause
been equipped with a 33-inch, 53-pound $30,000 LRAD. blindness. Some 10 years ago, U.S. Marines in Somalia
This was only part of a comprehensive defense plan, were experimenting with what were termed “tactical
which included a retired Gurkha as head of security. laser devices,” but the program was curtailed at the
Suddenly, in the early hours, two boatloads of Somali last moment.
pirates attacked the ship with AK-47 assault rifles and According to word coming out of Washington, the
RPG-7 grenade launchers. Pentagon has previously cancelled programs calling for
“The ship took evasive action and the LRAD was stronger lasers, but a group called Human Rights Watch
employed, driving the boats away. No passengers or insists that even less powerful lasers meant simply to
crew members of the liner were killed or seriously “dazzle” can cause permanent eye damage.
injured and the pirates were unable to board or stop the “I have no doubt that bullets are less safe,” is
ship. The superstructure did require repair from RPG the feeling of General Chiarelli, who states that the
hits, but that was nothing compared to what pirates military can minimize the risks through proper training
have done to unarmed ships,” David Steele reports. and that the effort will help U.S. troops ward off suicide
More recently, a company titled Compound Security vehicle attacks and, at the same time, reduce accidental
Service has produced a similar device called the shootings of Iraqi civilians.
Mosquito. This device produces an irritating high Lieutenant Colonel Richard Smith, who is deputy
frequency tone, which is inaudible to most adults (who director of the Joint Non-Lethal Weapons Directorate
have lost hearing by age 20 in our modern world). The at the Pentagon, feels that use of this particular laser
device has been used in Great Britain to deter gangs weapon – under development for a decade – marks an
of teens from congregating or causing trouble around important milestone for non-lethal weapons.
shops. This particular device costs approximately “This is actually the first time the visually
$1,000 and has an effective range of about 20 meters. overwhelming devices have been used,” the officer
“The first riot control auditory device I saw was says. “This was based on needs of war fighters and
developed by P.M. (Mac) Tabor around 1971,” Steele commanders in the field. They have several incidents
recalls. “Police departments at that time were not a day where a vehicle is coming at a group of soldiers.
very sophisticated when it came to technology, so These dazzlers can reach out a couple of hundred
such weapons have seen little progress until recently. meters and give soldiers added security.”
Hopefully, the LRAD or specialized equivalent will see According to Smith, the laser being deployed in the
greater use in modern police work.” Baghdad area is one of six different models being tested.

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Expandable Batons: What's out there and how to choose https://www.policeone.com/police-products/less-lethal/batons/articles/ex...

By Bob Willis

Click here to subscribe to Law Officer Magazine

At a recent national conference of law enforcement instructors, the topic of baton use
surfaced at one of the presentations. The instructor asked the audience if any of them,
as instructors, had used a baton against an aggressor or assailant within the past year.
To be fair, many of those instructors were currently on assignment at their respective
academies and not on the streets, and thus would not have had the opportunity to use
force. But of those who were street warriors, the answer was, astoundingly, zero.

The instructor then asked these instructors, who should have their fingers on the
pulse of use-of-force incidents in their respective departments, to comment on the
frequency of baton use in general. Now, there were some small departments
represented in that group, but most were midsize and large agencies, and these
instructors struggled to remember the last time a baton was used to strike and subdue
a suspect. One trainer said he was from a 300-officer department and the baton was
used only once to strike in the past year.

In my sphere of influence, I continue this poll with the agencies I train and network,
and I've found the above results are the norm rather than the exception. To
complicate matters, in agencies where baton use exists, and in court cases in which
I've been retained as an expert witness, I've discovered numerous baton failures,
primarily not in product, but in application. Maybe I just missed the agencies where
baton use is frequent and universally successful, but I suspect not.

By the time you read this article, the Rodney King incident will have observed its 15th
anniversary. Did that event serve as a defining moment in the decline of impact law
enforcement? Is the decision to strike with an impact weapon now tantamount to the
decision to shoot? Interesting questions for debate, but it's possible other influences
are silently at work, such as:

Increased use of the Taser and pepper spray;

Training influences;
Incorrect targeting;
Deployment technology that inhibits baton use;
Improper placement and positioning of the baton on the duty belt;
Decreased space on the police duty belt;
Abandonment of the wood baton;
A kinder, gentler police officer;
Fear of liability;
High placements on force continuums;
Confusion concerning the effects of baton strikes;
Confusion concerning the lethal capacity of baton strikes; and
Media exploitation of officers who justifiably use the baton.

Many of the above factors underlie decreasing baton usage. Certainly, the criminal

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element is not growing lax in their approach to resisting and fighting with the police.

Regardless, I am a proponent of the police baton for numerous reasons. First, it's the
link between empty hands and deadly force; in other words, officers don't have to put
it away to deploy another piece of equipment to escalate or de-escalate force, and no
other piece of equipment on your duty belt offers this multiuse capacity. It stops some
fights before they start because people believe they will get hit if they don't comply,
and a baton is affordable and its use easy to train. Call me a traditionalist, but it just
still seems to fit the police profile. Probably most important, however, the baton can
end a confrontation fast without excessive injury to the officer or the suspect, and
since confrontation ends quickly, the likelihood of prolonged confrontation and
excessive repetition, a major element in custody death, is minimized. Finally, fellow
officers seem more anxious to help stabilize a subject downed via baton than they do
when the threat of 50,000 volts is present.

Now let's discuss what technology exists on the market today, how agencies and
officers should choose from all the options and take a look at the three major players
currently on the market.

What's Available?
We have traded the long wooden baton of the past for a more convenient product, the
expandable baton. Consequently, we have traded size and mass, ease of deployment
and simplicity for the convenience and assured presence of today's expandables.
Deployment, though, is an issue with expandables, and I will discuss that below.

Before you decide to embrace or abandon the baton, consider the technology
currently available and its potential for controlling highly resistive or assaultive
subjects. Unlike the LAPD 26", second-growth hickory baton of my grandfather, the
modern day expandable comes in a variety of sizes and weights. The one-size-fits-all
mentality no longer applies to batons.

Officers can choose a baton ranging from 16"-31" long, depending on their duty
assignment, stature strengths and weaknesses. Officers can color-coordinate with
high-profile silver, nickel or chrome batons, tactical black batons or even gold batons,
and choose from an assortment of grip textures.

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How to Choose
Comparing current baton technology is similar to attempting to compare current
firearms and ammunition/ballistics. The age-old debate over the best caliber for law
enforcement continues, but in the end, officers must perform a personal task analysis
based upon many personal variables. Do you want one-hit stopping power, multiple-
strike capacity, quick reload, big, small, etc.? You also must answer the question,
"Can I handle what I want?" Once again, the answer revolves around personal
variables and necessities.

Like gun and ammo manufacturers, baton manufacturers will argue all day about the
capabilities of their product(s), but the fact remains all products offer advantages and
disadvantages when it comes to individual operators. Bottom line: Operators must
make the best possible decision when choosing a tool upon which they may stake
their lives.

Final judgment must be based on officer size, strength, training, experience and
assignment. A baton is not an option if it's impossible or too difficult to deploy, and,
of course, no baton strike will work when delivered weakly or ineptly. Also, without
the right attitude behind the strike, failure is predictable. But although any baton in
the hands of a skilled and fit operator should suffice, "skilled" and "fit" are subjective,
and officer experience varies, so a more objective guideline for choosing a baton must
exist.

Start by considering your duty assignment. If you need to conceal the baton due to a
plainclothes or detective assignment, go with a shorter length. This compromises
baton weight, but the element of surprise as you dramatically extend the baton can
morph you from a seemingly nondescript citizen to a warrior and have a very
debilitating effect on an aggressor.

Speed, shock and overwhelming action are sometimes more important than the size
or weight of the stick. As an instructor, I've done demonstrations that prove this by
using a foam training baton, and if I can do it with foam, you certainly can do it with

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steel. Non-uniformed officers must, therefore, practice so they become fearsome in

deployment and presentation.

Uniformed officers usually choose a baton in the 21"-26" range depending on their
own size and whether they stand and walk or sit and drive the majority of the time.
Longer models on shorter officers usually result in a baton poking the ribs; although a
rotational holster helps some, with all the equipment on duty belts these days even
the rotation may not help. An officer on a foot beat can deal with the extra length
without compromising comfort.

Many perceive a baton's length as an advantage because it can extend your distance
from an encounter or subject. But, as Tony Blauer of the SPEAR close-combat system
likes to say, "All police fights happen within the confines and space of a telephone
booth." Therefore, the extra-length security blanket may not actually exist unless
maximum forewarning of conflict occurs. In fact, a long baton could prove
cumbersome to handle in close battle. Carefully assess the probability of a
spontaneous attack versus a pre-announced event, and you may decide length is for
show and compactness and efficiency are for "go."

ASP Expandable Batons

ASP Inc.'s baton was the pioneer on the American law enforcement expandable baton
scene, and it hasn't changed much since its introduction. Cosmetics and aftermarket
add-ons are now available for the ASP, but its basic design remains unaltered. The
ASP baton ranges from 16"-31" long, and officers can adapt it to any duty assignment,
including uniform patrol, mounted units, plainclothes, detective assignments and
administrative positions.

Essentially, the ASP is a friction-lock device that requires manual downward or

upward opening (as do all expandable batons; that is, none are spring loaded). You
can't open it by grasping the end or tip of the baton and pulling it open. It requires
manual closing (as do most). The ASP is the lightweight of all the batons, and I don't
mean that in a derogatory sense. It features the least amount of forward mass, weight
and weight transfer, but it provides an edge on reload speed and multiple-strike
capacity. A successful deployment requires accuracy, precision and speed-padded
body areas may require multiple hits-but this baton is up to that task. Think of it as
the 9mm of batons, to return to the firearms/ballistic analogy.

For testing purposes for this article, I received a 21" ASP baton, a 26" ASP baton and
ASP's Tactical Defender, which consisted of a 16" Airweight baton coupled with a
pepper spray dispersion unit. This baton is not recommended for uniform duty use,
but would be great for off-duty use, especially with the OC component.

These ASPs came with plastic rotating side-break holsters, which I view as the most
dramatic improvement in ASP's technology. This holster allows quick deployment,
but its side-break feature may no longer be necessary and may compromise weapon
retention somewhat. Previous ASP holsters made the ASP baton a secondary tool-
quick draw was impossible out of nylon or leather rigs, especially in an upright carry
format. Many officers found that for rapid deployment, they had to locate this
previous baton holder behind the firearm, an undesirable location for any tool in the
warrior arsenal, because combat requires frontal placement of all primary weapons.
This new rotating holster allows a return to conventional placement, usually on the
non-handgun side of the duty belt, making reaction-hand deployment as well as
cross-draw possible.

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The models I received incorporate a textured grip, which I recommend, and feature
the usual quality for which ASP is noted. A foam-like "federal" grip is also available,
but this type of grip can slow the drawing process, especially from a leather- or nylon-
type holster. The ASP is manufactured of 4140 steel and reportedly will withstand
more than 9,000 lbs. of stress, which should be plenty for duty use. I have used an
ASP in training and on the street, and it has remained functional. I actually own an
ASP baton older than some of you readers, and it works as if it just came out of the
box. These batons will serve you well.

Monadnock's Auto-Lock Power Safety Tip Baton

Monadnock Lifetime Products, Inc. has also been around for a long time, and the
Monadnock expandable batons furnished to me seem extremely well made. They are
formidable striking instruments, thanks to the 4-oz. weighted tip that puts more mass
into the strike and ensures more penetration. I recently viewed the Monadnock 22"
baton in action by a friend who is a Las Vegas-area officer. One strike literally picked
the assailant off his feet; in a matter of seconds, the subject was down on the ground
holding his leg. This incident not only emphasized the importance of proper baton
placement and positioning, but also proper targeting and the blending of the tip
advantage with power development.

The tip does not extend the entire length of the distal shaft; therefore, it does not
forward-weight the baton to the extent that centrifugal force might pull the baton out
of a user's hand. The balance of this instrument ensures the conversion of centrifugal
force to centripetal force, essential for the production of kinetic energy.

I received numerous models, including the 22" and 26" batons. Think of these batons
as the .40 caliber of batons. They provide more forward weight and more potential for
weight transfer than the ASP batons, without compromising reload possibility.

Monadnock invented the rotational holster and coupled it with a plastic material that
allows for swift deployment. The holster also includes two security features that
prevent accidental baton loss in such situations as a foot pursuit, and allows for
reholstering in emergencies or for handcuffing while expanded.

The Monadnock is made of 4130 aircraft seamless alloy steel tubing. One feature
distinguishes it from the baton field: its locking mechanism. Unlike its competitors,
the auto-lock baton is not a friction-lock baton. It actually locks into place using a
camshaft, ball-bearing locking mechanism, ensuring the baton will remain locked
open while an officer delivers strikes and jabs. Unlike other batons, the shafts also
rotate, enhancing weapon retention. Another plus: The Monadnock auto-lock baton
closes without striking it to the ground or compromising your position. A simple
press of a button sends the shafts back into the handle, without having to bend over
and repetitively strike the baton on a hard surface.

The baton is available in three finishes: black gun, bright nickel and black chrome.
The grip of the auto-lock baton is available in foam and super-grip versions. Keep in
mind that inclement weather conditions, body fluids and combat conditions might
compromise retention. Monadnock thought of this in the manufacture of its grips, but
any grip enhancement may slow deployment from the holster and compromise officer
safety.

The combination of this baton, its tip, the front draw swivel holster and the Hindi
baton cap (see "End Caps," below) makes this the safest, fastest and most efficient
baton package available today.

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The PeaceKeeper RCB

PeaceKeeper International's Rapid Containment Baton (RCB) is made of 4130 CDN
seamless alloy steel tubing, and it's machined rather than expanded or swaged to
enhance strength. The main striking tube measures 1" in diameter, which creates a
larger striking surface than the ASP or the Monadnock batons. The distal end cap is
larger than those on other expandable batons to prevent puncture wounds to suspects
during jab strikes. The grip tube of this baton measures approximately 1/8" larger in
diameter than the competitors' batons for a more comfortable grip, especially for
those with a large hand. It's a friction-lock baton, and the friction-lock surface is
larger than the ASP's to prevent collapse during jab strikes.

Think of this baton as the .45 caliber of batons. Maximum weight- transfer potential
exists, but it may prove difficult for all but the strongest of officers to perform repeat
strikes with this baton. For those looking for one-hit stopping power, however, these
batons offer the most likelihood for success. The weight of the distal shaft may even
assist smaller-stature officers to produce the knockdown power essential to quickly
end confrontations. And, if you miss or one hit doesn't suffice, a complementary
strike, such as a backhand strike, may prove easier to deliver than attempted reloads
on the strong side. This, of course, requires the ability to maintain baton grip and
maintain balance.

From an aggressor's point of view, the RCB looks like something you don't want to be
hit with; therefore, many fights may end before they begin.

I received a 24" baton from PeaceKeeper and a Perma-Lock rotational baton holster. I
also received PeaceKeeper's version of an end cap, which you can purchase
separately. The RCB baton is also available in 21", 26" and 29" versions, and it comes
in nickel and black zinc finishes. This baton is warranted for life.

The rotational holster is a valuable component, but the 1/4-turn required to draw the
baton from the holster can compromise a quick and efficient deployment. Unlike all
other holsters, however, it locks into place, eliminating unwanted holster rotation
during a confrontation. The holster also accepts the baton in the expanded mode, a
good feature for quick baton replacement during a confrontation.

The RCB, like the Monadnock auto-lock power safety tip baton, can be manually
opened in a low profile manner by simply grasping the end or tip of the baton and
pulling it open. Otherwise, opening the relatively heavy RCB is generally restricted to
a downward motion in the direction of your rear foot/ankle, because this provides
gravity assistance.

To close this baton, strike it on a hard surface to loosen the deadlock taper and
friction lock. Instead of the downward 45-degree striking motion required by ASP

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batons, you can hit this baton loosely on a hard surface, much like a drumstick
striking a drum. Due to the weight of this baton, usually only one strike proves
necessary to facilitate closing. Like the ASP baton, the RCB is not as easy to close
during combat as the Monadnock auto-lock.

This baton combines the essence of the old wooden baton with the convenience of the
modern expandable. It's not for everybody, however, and the user must consider
weight, speed of deployment and other factors that exist in a spontaneous and
dynamic confrontation.

The New Winchester Baton

At press time, Winchester Police Products is developing a new prototype baton and
couldn't send me a unit for evaluation. The Winchester is another heavyweight, but in
all fairness, without a unit in hand I can't fairly discuss its merits.

Summary
I hope this article has enhanced your appreciation of the police baton and tempered
the temptation to replace it with other, newer technology. The downside of this
replacement mentality is that no new tool on today's market is as universally
applicable to subject control and officer safety. The baton is still the most affordable
and versatile tool on the police duty belt.

I also want to make clear this article is not a complete and total comparison of the
batons I have discussed. It was designed only to acquaint potential operators with
some of the strong points and concerns with modern batons.

Thanks to the wide variety of modern batons currently available, all officers who want
a police impact weapon can find a baton that fits their needs. However, officers
considering a new baton or departments considering upgrading or returning to baton
use should consult the manufacturers and seek out additional information to make a
completely informed decision.

Bob Willis is a full-time law enforcement instructor and trainer at Northeast

Wisconsin Technical College in Green Bay, Wisc. He coordinates a multi-million
dollar, state-of-the-art tactical facility devoted to realistic simulation and scenario-
based training and research. He's also a sworn deputy sheriff in Brown County,
Wisc., and a part-time police officer in the Milwaukee area. For over a decade,
Willis co-presented the Calibre Press Street Survival seminar. For decades, he has
served as an expert witness throughout America in virtually every aspect of use of
force, and is a unified tactical trainer in virtually every law enforcement force
technology.

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History and use of the billy club Page 1 of 7

Topics  Police History  Articles

History and use of the billy club

Early police forces used the billy club as a tool and a symbol of authority

Nov 16, 2016

By PoliceOne Staff

Billy clubs were the first less-lethal weapon used by police officers to subdue criminals and maintain
public order. Known by many names, the police officer’s club, mace, truncheon, nightstick, or baton is
as old as the profession itself. Though the names and techniques have changed, the tool itself has
not, and is now a symbol of police officers worldwide.

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History and use of the billy club Page 2 of 7

British police constable wearing a decorated billy club. (Photo: Anthony McCallum)

The billy club in early police history

London’s first police department was founded in 1829 by Prime Minister Sir Robert Peel. His concept
of a modern police force was based on the principle of “policing by consent:” earning the respect and
compliance of the public instead of ruling by intimidation. The new police force would be unarmed
except for the billy club, the signature tool of early police officers.

Billy clubs differed in length depending on the officer’s preferences and physical size. Historically, they
ranged from about about 14 inches in length for close-quarters use, to over 36 inches for use in riots
or by officers on horseback.

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History and use of the billy club Page 3 of 7

A mounted
officer carries a 36-inch club to a Vietnam War protest, 1968. (AP Photo)

Because of the billy club’s versatility and the police culture established by Robert Peel, British law
enforcement’s use of firearms was very limited until the mid-1990’s.

Billy clubs as a symbol of police worldwide

Between the different sizes and personal ornamentation, many Victorian era billy clubs are unique
items. The staffs were ornately decorated with marks such as a royal crown and scepter, various coats
of arms, and sometimes, the initials of the billy club’s owner.

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History and use of the billy club Page 4 of 7

A
collection of decorated 19th century billy clubs. (Photo: Kim Traynor)

The tradition of decorating a billy club, truncheon, or baton was carried over to the United States. In
New York, batons made of finely carved woods and ivory were given to officers by police personnel
under their jurisdiction. These particular items are largely ceremonial and not used in the field.

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History and use of the billy club Page 5 of 7

A
collection of fine clubs presented to NYPD officers. (AP Photo)

In Baltimore, a large club called the espantoon became known as an officer’s “Badge of Authority”
sometime in the 19th century. Police officers from the area were known for twirling their trademark
batons, which became a unique piece of the department’s culture. Though espantoons were banned
in 1994 by police commissioner Thomas C. Frazier for being “too intimidating,” they were brought
back by popular demand in 2000 following his replacement.

Billy clubs as a less-lethal option

The first London police officers were issued billy clubs as a tool for self-defense, but these tools can
still cause great physical harm in the hands of a trained officer—especially when striking vulnerable
areas such as the head, spine, or groin.

A baton has numerous advantages as a striking weapon. Most notably, it preserves the hands which
can be easily injured while boxing, and can be used defensively to protect against blows from blunt
and sharp objects.

If they must strike with their batons, today’s officers are taught to disable offenders by targeting
nerve clusters and bony prominences in the limbs and torso rather than hitting to cause a
concussion.
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History and use of the billy club Page 6 of 7

Points of
impact from a mid-20th century FBI training manual. (Photo: Technique and Use of the Police Baton)

An FBI tactical manual called “Technique and Use of the Police Baton” also contains several
instructions on how to use a straight baton to restrain a suspect, force them to move in a certain
direction (“come alongs”), or manipulate a resisting offender’s limbs.

Even if officers never use a billy club as a tool of force, there are other applications for the baton.
Clubs have been used to break windows and intimidate (but not harm) belligerent folks into
compliance. Billy clubs were even used as a means of communication: before they had radios,
Baltimore police officers used to knock their espantoon clubs along curbs and pipes to alert other
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History and use of the billy club Page 7 of 7
officers. Even the way an officer carries their baton on their person can be used to send messages to
a hostile person or crowd.

Billy clubs today

After incidents such as the beating of Rodney King, the use of straight clubs declined out of public
image concerns. The availability of TASERs, pepper spray, and collapsible batons along with a greater
concern for officer safety have also contributed to the reduced use of the traditional straight club.

Billy clubs might take more training to use effectively and reasonably than other less-lethal weapons,
but the officers who possess that knowledge may have greater control over how much force they
apply. It’s a fading art, but even so, billy clubs are a part of police history and a useful tool, versatile
tool for those willing to learn.

Tags  Less Lethal • Close-Quarters Combat

Copyright © 2019 PoliceOne.com. All rights reserved.

https://www.policeone.com/police-history/articles/241403006-History-and-use-of-the-billy-club/ 9/19/2019
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How to buy police batons https://www.policeone.com/police-products/less-lethal/batons/articles/ho...

How to Buy... with Police Product Buying Guide

Batons are more important than most officers give them credit for. The baton is the
only tool on an officer’s duty belt that provides less lethal to lethal force options,
without hesitating or having to transition to another tool beforehand.

Batons should be a mandatory carry for all detectives and patrol, and, on that note,
here are the most important factors to consider when purchasing a baton:

1. Size and Weight: A trainer should never standardize a certain length of baton
anymore than standardizing a type of firearm to be used. Police officers are all
different physically, and have different physical capabilities and wrist strengths.
Therefore, each officer should be individually tested by their trainer before exiting the
academy as to what they can adequately handle- no exceptions!

Target placement is everything when it comes to a firearm and the same is true with
baton target placement-and this can only occur through control.

A baton that’s too long has some built in concerns (i.e. difficult to wield in close
quarters or crowd control and difficult to control leverage wise if the suspect grabs it).
And a baton that’s too short has some built in concerns also (i.e. having to get too
close to the suspect and the inability to strike the lower extremities).

Selecting the proper weight is also extremely important. I call it “The Three Bears
Theory:” not too big or heavy, not too small or light, but just right!

A baton that is moderately sized and controllable is the deciding factor.

2. Control: Control is paramount! Officers should consider length, weight, and

tactical advantages built directly into the baton’s technology, but ultimately the
officer’s ability to control the baton adequately is of the most importance, especially
when considering multiple strikes on one suspect or multiple strikes on multiple
suspects.

If it’s too heavy it will slow you down and wear you out quickly. If it’s too light it won’t
have the desired muscle penetration affect.

3. Deployment: But most important is the deployment method. What does it

matter if you have the best baton if you can’t access it and deploy it efficiently enough,
with lightning speed -with either hand?

If you can’t access it, you can’t deploy it.

If you can’t deploy it, you can’t use it.
If you can’t use it, you’re going to have a problem.

Do you have any other suggestions for officers purchasing and evaluating handguns?
Please leave a comment below or email products@policeone.com with your feedback.

1 of 2 10/17/2019, 10:12 AM
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How to buy police batons https://www.policeone.com/police-products/less-lethal/batons/articles/ho...

Robert “Bob” Hindi, a 22 year veteran police officer of the Las Vegas Metropolitan
police department, contributed to this report. Hindi is the developer of two
revolutionary life-saving developments recognized around the world- The Hindi
Baton (retention) Cap and the Hindi Duty Belt S.A.F.E.T.Y. System. Watch for officer
Hindi's book spring 2010 with noted trainers Robert Willis and Dave Grossi. A DVD
explaining the system is available now.

About the author

The PoliceOne Buying Guide column features how-to-buy guides for top police
products and articles from our columnists as well as industry analysts, educators, and
other noted specialists in their fields. Send product suggestions and feedback to
products@policeone.com.

2 of 2 10/17/2019, 10:12 AM
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 If you have issues viewing or accessing this file contact us at NCJRS.gov.

A HANDBOOK FOR LAW ENFORCEMENT OFFICERS

'I
11'
1,
,I

"

~., .., ..
TECHNIQUE
(
" ,I\ND USE
OF THE
POLICE BATON

SEPTEMBER
1967

FEDERAL BUREAU OF INVESTIGATION

UNITED STATES DEPARTMENT OF JUSTICE

,~
,". ,

AG000125
 "/
"~--

I. INTRODUCTION

The police baton, in the hands of an officer who

has been trained in its use, is a very formidable weapon
for defense and counterattack. Many law enforcement
,
officers share'the opinion that the baton, under most
circumstances, is a more versatile weapon than the officer's
revolver. It is recognized that there a~ a great many
situations in which a police officer would be justified in
using the baton, whereas he would not be justified in
using his revolver. 'l'he officer who is skilled and prac-
ticed in using the baton can adequately cope with most
situations where physical force is necessary.
The officer who carries a baton as part of his
equipment must be trained to use it properly. This will
enable him to obtain the desired results when it is
necessary to use it, and at the same time avoid bringing
criticism upon himself or the agency he represents.
The purpose of this booklet is to present material
on the technique and use of the baton which meets the needs

/'
of the police officer and yet is consistent with the
ethical standards of modern law enforcement.
A great deal of the information contained in
this manual is the result of consultations with numerous
police officers who have attended the FBI National Academy.

-1-

AG000126
 B. Nomenclature (Medium Baton and/or Riot Stick)

II. TYPES, NOMENCLATURE, FITTING THE THONG

A. J'ypes ~ ......._ _ _ _ _ iIP

The baton is made from hard wood or plastic. It
is 1 to 1 1/2" in diameter, rounded at both ends,
and will vary in length from 12 to 36 11 •
1. Short baton (billy). -- This baton varies in
length from 12 to 18"·.
2. Medium baton (nightstick). This baton ranges
\011---- BARREL
in length from 20 to 26 t' , the most popular
length being 2411 • This .is the type of baton
frequently carried by the officer on the beat.
3. Long baton (riot stick). -- This baton ranges
in length from 28 to 36t~ and is used predomi-
nately in the control of mobs and riots.
'Q)41k---- HOLE FOR THONG
~: The techniques set forth in this booklet are intended
for the medium and/or long baton; however, many will also
apply to the short baton. Some of the techniques will not \oItr- HANDLE (GROOVED)
apply to the short baton because of its rather limited
length.

!I

I
"
Figure I

-2-
_l -3-

-------------_.----
AG000127
c. Fitting the Thong
1. There should be a hole in the III. METHODS OF HOLDING, BLOCKING, AND STRIKING BLOWS
baton located 6 to 81t from the
butt. One end of a leather thong A. Control of Baton
is threaded through the hole and
1. Where to carry.--The baton should be carried
seoured with a strong knot.
where it is easily accessible to the strong
(Figure 2).
hand. Many officers prefer to carry it -on
2. The other end of the thong is Figure 2 the same side as their revolver. The baton
then threaded through the same should not be used in the weak hand in order
hole, but in the opposite direc- to reserve the strong hand for the revolver.
tion to adjust the length of the
thong to fit the officer!s hand. 2. Control.--The officer must be continually
(Figure 3). alert and have the baton under control at
all times. It should never be held in such
3. To adjust the thong to fit the
a manner that could enable a person to gain
hand, the loop is passed over
control and use it against him. Alertness and
the thumb and across the back of
proper use of the baton insure complete
the hand with the baton hanging
Figure 3 control.
do~~. The thong is then shortened
until the butt of the baton
touches the bottom of the hand.
(Figure 4).

4. After marking the proper length

of the thong, the free end of the
I
Ii
thong is fastened with a knot and
~II
the remainder is cut off.
jj

-~.
-4- Figure 4 -5-

AG000128
 1
I

ALTERNATE METHOD.--Place the thong over

the thumb and across the front of the hand
B. The Long Grip
with the baton hanging downward.

1. How to Hold. Place (Figure Sa).

the thong over the thumb

and across the back of
the hand with the baton Figure 5

hanging downward. The Figure 5a

hand is then turned down-

ward and is closed on the With the left hand raise baton tip

handle to grip baton. upward causing thong to pass around

(Figure 5). back of hand. (Figure 6a).

The thumb can be

extended parallel to the
baton (Figure 6), or
Figure 6
curled do~m over the
Figure 6a
index finger (Figure 7).

Place the fingers between baton handle

and thong and grasp handle.
(Figure 7a).

11
Figure 7a
!
I)

~
Figure 7

-6-
_____. _ _ _ _ _ _ _ ._ _-_7-_ _ _ _ _ _ _ _ _ _ _ __
AG000129
 2. The "On Guard l ! position. --Advance t~e right foot approxi-
mately 12!1 and simultaneously pivot slightly on the ball
of the left foot. The knees should be slightly bent with
If gripped in either
the weight equally distributed on the
manner, the thong aids
balls of the feet. The right elbow
the officer in maintain-
should be approximately 6" from the
ing his grip. However,
body; the right hand should be held
if an opponent should
"chest highlfj and the baton should be
seize the baton, the
pointed upward. (Figure 11).
officer can free himself Figure 8

from the thong by merelY NOTE: By reversing the feet and placing

relaxing the grip. the left hand on baton barrel, the officer
Figure II
is f10n Guard!! for the Two-handed Grip.
(Figure 8).
(Page 23, Figure 45).
M
', ..'

3. Footwork.--The general rule concerning

The thong should footwork is simply that the first
never be looped around foot to move should be the foot near-
the officer's wrist est the direction y.ou wish to go.
Figure 12
because it would be Figure 9
To advance from the !!on guard!!
difficult to release
t
the baton should the
opponent succeed in
position, move the right foot for-
ward first and then bring up the
•
/2"\
i I
\ ...!
left. (Figure 12).
grabbing it.
!i
(Figures 9 and 10). ~ To retreat, move the left foot
!l
IIn to the rear first and then bring back Figure 13
Ii,I
"~1
the right. (Figure 13).
11

II

-8-
Figure 10

~I -9-
..........J....J_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ------------------.j

AG000130
 To circle to the right,
move the right foot to the 4. How To Block Blows and
right as you pivot on the .......... Kicks.
(Ot (~~/
......
ball of the left foot.
(Figure 14). a. Against swinging
Figure 14 right - inside block.
To circle to the left,
(Fi.gure 18).
move the right foot to the Figure 18
left as you pivot on the ball
of the left foot. (Figure 15).

When necessary to move

figure 15

,•
sideward to the right, first b. Against swinging
move the right foot to the right, right outside
and then move the left. block or parry •
(Figure 16). (F.igure 19).

To move sideward to the Figure 19

left, first move the left foot

,•
Figure 16
to the left, and then move the
right. (Figure 17).

c. Against swi.nging
left - inside block.
(Figure 20).

Figure 11

Figure 20

-10- -11-

AG000131
-------------- -----------------------~~--~~

d. Against swinging
left - outside
block or parry.
(Figure 21). g. Against left-foot kick -
downward block.
(Figure 24).

Figure 2'

e. Against straight Figure 24

left or right -
downward block
or parry. 5. How to Strike Blows~-With the exception of the jab, all

(Figure 22). blows should be short and snappy, utilizing the strength
of the wrist and forearm. Short, snappy biows can be
delivered quickly and accurately and are difficult to
Figure 22
block or parry. Also, the force of the blow can be more
easily regulated than full-swinging I1roundhouse l1 blows.
"Ro.lndhouse" blows, which use the entire arm,
f. Against right-foot should be avoided, because they are slow, inaccurate,
kiCk-downward easily blucked, and make it practically impossible to
block. (Figure 23). regulate the force of the blow.

Figure 23
"

-12- -13-
. ______ ~ ____ ~ _____ ,~t":·

AG000132
 1
i

b. The Backswing.--
This blow is similar
to and delivered in
much the same manner
as the short swing
except it is a back-
a. The Short Swing.-- Figure 25
han~ blow. (Figures Figure 28
This is a forehand blow
28 and 29).
delivered sideward
or downward in a
short, snappy manner.
An excellent procedure
(Figures 25, 26, 27).
for using this type blow
would be to feint a short
swing to the opponent's

Figure 26 head and strike a backswing

blow to his left or right Figure 29

knee. (Figure 30).

Figure 27 ,
I Figure 30
-14-
i -15-
J
AG000133
 c. The Jab.--This blow is de-
livered by quickly extend-
ing the baton forward
striking the opponent
Blows to the head and face should be avoided
with the tip. (Figure
for the following reasons:
31).
a. The opponent could be killed instead of merely
being brought under control. The officer has
figure 31
no way of determining the thickness of his
The baton should be extended and returned
opponent's skull. A blow to the head of one
quickly to the "on guard" position. This permits
opponent might kill him, whereas fue same blow
the officer to strike additional blows and makes
to the head of another could have little or
it difficult for the opponent to seize the baton.
no effect.

O. Where to Strike Blows.--As a general rule, short- b. The head is an elus~ve target and difficult to
swing and backswing blows &hould be directed to those hit. Without moving his feet the opponent can
places on the body where bone is close to the skin, duck, bob, or slip ~he head causing the baton
excluding the head and face. Shortswing and back- to miss completely or to hit only a glancing
swing blows can also be directed to the ~hick muscle blow.
groups of the buttocks, thigh, and calf.
c. Most individuals believe the blows will be
When jabbing with the baton, blows are delivered aimed at the head; therefore, they will usually
to the soft tissue areas of the trunk and back. raise the hands and arms in an effort to protect
the head.

-16- -17-
;
J
AG000134
 d. Blows delivered to the
c. The Short Grip
head place the baton in
1. How to hold.--Place the thong
a position which is vul-
nerable to counterattack over the thumb and across the

or a disarming movement. front of the hand and then up

The opponent could very and across the back of the hand Figure 35
POINTS OF IMPACT

well seize the baton.

fRONT VIEW
as depicted in Figures Sa and
Figure 32
6a on page 7. Rotate the ba-
The police officer
ton counterclockwise with the
should have a thorough
left hand and place it beneath
knowledge of the vulner-
and parallel to the right hand
able areas of the body
with the handle pointing toward
and avoid striking those
the fingers. (Figure 35).
blows which produce death
Grasp the baton by the upper Figure 36
or permanent injury.
portion of the handle with
POINTS OF IMPACT
BAC~ VIEW

Figures 32, 33, and your index finger extended

Figure 33
34 show vulnerable areas downward on the handle.

of the body and possible Approximately 2 inches of the

fatal points of impact. butt end should extend beyond

7. When to use.--The long grip is the index finger. (Figure 36).

best employed when defending The baton barrel should be

against an opponent armed with held firmly against the under-

a knife, club, bottle, etc. This side of the forearm. (Figure

Figure 31
grip should not be used in the 37) •
POSSIBLE FATAL POINTS OF IMPACl

control of crowds or mobs.

Figure 34

-18- -19-

AG000135
 5. How to strike blows

2. The "On Guard Vl position. --This

a. The Jab.--Step forward with the
position is practically the
right foot as you extend the
same as the lI,on guard" position
right arm forward striking the
f.or the long grip. (See item
opponent with the butt end.
B-2) page 9).
(Figure 41). After striking the

3. Footwork.--When using the If blow, return quickly to the "on

FigIJre 38
Figure 41
short grip the footwork is guard tt position.
the same as for the long
b. The Short Swing.--Step forward
grip. (See item B-3, pages
with the right foot; the extended
9-10).
right index finger is placed around

4. How to Parry and Block.-- the handle of the baton and the

When using the short grip, right elbow is raised and pointed

the baton should be considered i~ the direction of the opponent.

to be Ilan extension of the The blow is delivered by using the

forearm. " Figure 39 wrist to flip the baton in a for- Figure 42

a. Against swinging right ward-sideward arc. (Figure 42).

inside block. (Figure 38). Return the baton to the "on guard"

b. Against swinging left ~: position for the short grip.

inside block. (Figure 39). The short-swing blow can also

c. Against straight right be delivered upward. (Figure 43).

d,ownward block. (Figure 40). The power for the short-swing

blow is derived primarily from the
wrist.
Figure 40 Figure 43

-20 . . -21-

AG000136
 ,I
I
6. When to use.--The short grip can be used while the
officer is questioning a person, such as a witness at
2. The t~On Guard tt Position.--
the scene of a crime or an individual who appears sus-
Advance the left foot approxi-
picious. This grip can also be used when the officer
mately 12 tt and simultaneously
is working in a congested area or moving through a
pivot slightly on the ball of
crowd. The baton is protected better with the short
the right foot. The knees
grip than the long grip.
should be slightly bent with
D. The Two-Handed Gri£
the weight equally distributed
1. How to hold.--The baton
on the balls of the feet. The
is gripped in the right
baton is he Id approximate ly 6n
hand in the same manner Figure 45
in front of the body at a 45-
as in the long grip.
degree angle with the long
(See Figures 5-10,
axis of the body_ (Figure 45).
pages 6-8.) The /;')
left hand grips the barrel 3. Footwork.--To advance ±rom the \ .. i
r",
~.....'

lion guard" position, move the

of the baton approximately
Figure 44 f t'~'/
. ;'j
2 to 3" from the tip (or close
left foot forward and then
• ,.. '

enough to prevent a person from grasping it) with the

bring up the right foot.
.1
knuckles of the left hand turned downward.
44) .
(Figure

An alternate method of gripping the baton is to

(Figure 46).

To retreat, move the· right

foot to the rear and then bring
,• Figure 46

.'
l-\
12 ;
have the knuckles of the left hand turned upward. back the left. (Figure 47). \.J
i.::J
This is a particularly effective grasp in crowd con- # ••••• )

...•::i/'
........
trol when it is necessary to hold a crowd from surging \ ..l

forward or to push them back.. Figure 41

'"

-22- -23-

AG000137
 ----- ~-- -~C_ -- ~--~- ~- - -- --- - ----~~------.-,...-Il -
Ii
)

To circle to the left, 4. How to Parry and Block.--By

mOlle the left foot to the releasing the left hand, the
left as you pivot on the baton is held in the long
right foot. (Figure 48). Figure 48 grip and blows and kicks can
be blocked and parried as
To circle to the right,
depicted in Figures 18 to 24. Figure 52
move the left foot to the right
as you pivot on the right foot. a. Against swinging right
(Figure 49). (Figure 52).

When necessary to move b. Against straight right

Figure 49
sideward to the left, move the (Figure 53).
left foot to the left and
then move the right. (Figure
!,'1 :'':
~
, i
f c. Against right uppercut

"
: :
'.~.:

(Figure 54).
50).
Figure 53
'ro move sideward to the
right, move the right foot to Figure 50

the right and then move the

left. (Figure 51).
t
"
Figure 51
"

Figure 54

-24- -25-

AG000138
 II
11
q
'J
!

d. Agai~.kick (Figure 55).--

5. How to Strike Blows.--By
releasing the left hand, the
b. The Short Swing.--This is
baton is held in the long
a short, snappy blow
grip and blows can be delivered
delivered either down-
as depicted in Figures 25 to 31.
ward or sideward, in

The following blows can be which that portion of

the baton barrel above Figure 51
struc.k using -the two-handed
grip: the left hand is used
Figure 55
to strike opponent.
a. The Jab.--This is very
(Figure 57).
similar to the movements
used in the thrust of a
c. The Butt Stro~e.--This
bayonet. ~tep forward
with the left foot as you blow is generally delivered
,

thi:'ust the baton forward, upward or sideward using

striking the opponent with that portion of the handl~ Figure 58

the tip of the baton. below the right hand or

(Figure 56). the butt of the baton to "

strike the opponent.

Step back quickly to the (Figures 58 and 59).
Hon guard"- position to be ready
to strike another blow and to
prevent the opponent from seiz-
Figure 56
ing the baton.

Figure 59
-26- -27-
±

AG000139
 I V• MISOELLANE ODS TEOHNI QUE.~
A. Move-Along Techniq~es.

These are techniques which can be used to move

d. The Push.--This is not a
blow as such, but a an individual a short distance while maintaining a

technique which can be certain amount of control over him.

used to push or hold back 1. Between the Legs.--There are two variations of
an individual. Several
this technique and both are effective in movi.ng
officers employing this an individual a short distance.
technique can push cr
a. Grab opponent's left elbow with your left
hold back a crowd.
(Figure 60). hand as you push the barrel of the baton
Figure 60
between his legs. Baton handle should
be outside opponent's
left leg. Tilt the
6. When to Dse.--This is the grip which should be used for tip of the baton up-
mob and riot control work. It should also be used when- ward, propel him for-
ever the officer is working in crowded conditions or is ward by pushing the
confronted by more than one opponent. The two-handed baton handle forward
grip makes it extremely difficult for a person to seize with your right hand as
the baton and take it from the officer; therefore, it you shove his left arm
is strongly recommended that this grip be used whenever forward with your left
possible. Figure 61
hand. (Figure 61).

NOTE: Stay to the left of the opponent to avoid

being struck by his right elbow. The officer's left
hand and arm can be used to protect against opponent's
left elbow.

-28- -29-

=
AG000140
 b. Grasp the middle of the baton 3. Short-Grip - Shoulder Push.--
with your right hand, using Grasp the baton in your right
thong in same manner as for the hand,using the short grip. Ap-
long grip. Insert the baton proach opponent from rear and jab
between opponent's legs as you him in the kidney area with the
grab his clothing at the neck butt. (Figure 64). Immediately
with your left hand. Move push him on the back of the left
the opponent forward by raising shoulder with your left hand. Figure 64

your right arm against his groin (Figure 65). Continue moving him
as you lift and push him by the forward witn a fast series of
Figure 62
neck. (Figure 62). baton jabs and pushes on the
NOTE: When the baton is inserted between opponent's legs the shoulder.,alternating jab - push
knuckles of the right hand should be pointed down. The arm is jab - push, etc.
in a stronger position when the knuckles are pointed down and
4. Neck and Back Push.--Grasp the
this position minimizes the risk of injury to the officer's arm
back of opponent's collar with
should the subject suddenly sit down.
your left hand, keeping your left
fjgure 65
2. Hand and Armpit.--Grasp opponent's arm fully extended as you place
left hand with your left hand as if the tip of the bat"on h',to his kid-,
shaking hands. Immediately turn his ney area. You are able to move
palm upward, raising his arm shoulder him forward and keep him off bal-
high. Place the baton tip into his ance to a certain degree by pull-
left armpit and move him forward- ing him slightly backward with
sideward by keeping his left arm high your left hand as you push him
as you shove the baton tip into his
Figure 63 forward with the tip of the baton.
armpit. (Figure 63).
(Figure 66). Figure 66
~NOTE: The armpit is a vulnerable area and caution should be
"
used in placing the tip of the baton in the armpit. NOTE: You strengthen your right-arm position by holding the
--
r~gh~ elbow close to your body.
-30- -31-
!
!
\ ,
--.-------
AG000141
 .,
\
_1'
I

NOTE: This technique can be made .

:6.. Come -Along Techniques -
more effective if the opponent's
These are techniques designed to
right hand is positioned so that
move an opponent a short distance and
the knuckles are turned up. The
to enable the officer to exercise more
officer can release his right hand
control over the opponent than is
from the baton and use it to turn
possible with the move-along~techniques.
opponent's right hand to a knuck-
1. Armlock.--Approach opponent from
les-up position. This brings the
his right side with the baton in Figure 61
baton barrel in direct contact Figure 10
your right hand. Strike opponent
with opponent's radial bone.
inside his right elbow with' the
( Figure 70).
baton barrel, moving his right arm
2. Elbow Loc~--Approach opponent from
to the rear. (Figure 67). Push
his left side and grasp his left
the baton barrel through as you
hand as if to shake hands. If you
move to the side of opponent, plac-
cannot grasp his hand, grab him by
ing your left arm over the baton
the inner side of the wrist. Raise
barrel. (Figure 68). Slide your
his left arm about shoulder high as
left arm under opponent's right
Figure 68
you turn his palm up. (Figure 71).
arm and grasp baton handle with Figure 11
Step in beside him and place the
your left hand just above the right
baton barrel beneath his left el-
hand. (Figure 69). Keep opponent's
right arm snug to your body and bow as you rest the tip end of the

bring him under control by forcing baton in the bend of your left elbow,

the baton handle downward, thus (Figure 72). Bring opponent under

applying pressure on the radial control by twisting his left hand

bone of the forearm with the baton to the outside and down as you raise

barrel. the baton barrel upward, applying

pressure to the back of opponent's
/Figure 69
elbow. Figure 12
-32-
j -33-
I

AG000142
 -~'------

NOTE: When usi.ng this come-along

hold, stay to the side and rear of
the opponent to minimize the effec- c. Using Thong as Handcuffs

tiveness of a right-hand blow. The thong can be used as a

(Figure 73). temporary restraining device,

3. Behind Neck and Elbow Lock.--Ap- if handcuffs are not avail-

proach opponent from his left side able. With opponent IS hands

and grasp his left hand or inner placed behind him, pass the

left wrist with your left hand. Figure n. leather thong around both
Figure 16
Turn his palm up as you raise his wrists (Figure 76). Tighten

arm shoulder high. Insert the the thong either by twisting

baton underneath opponent IS left it with the bat.on (Figure 77),

arm and place baton barrel behind or by rolling the thong onto

his neck.(Figure 74). The back of the baton handle (Figure 78).

opponentls elbow should rest on the Place the baton handle in the
\ ,
baton barrel. Bring opponent under
.' small of opponent I s back,

control by twisting his left hand grasping the barrel of the

or wrist to the outside and down- Figure 14 baton with your right or
Figure 11
ward, applying pressure with the left hand. The opponent can

baton to the back .of his elbow. be temporarily held in this

position or he can be moved
(Figure 75).
by exerting pressure into the
NOTE: This technique can best
small of his back with the
be used with a baton which is
24tt in length or longer. A
shorter baton prohibits the
effectiveness of this technique.
"
Figure 75
Figure 18
-34- -35-
-- ---------
AG000143
 Bring baton tip downward and
butt end as you grab the cloth-
continue circular path until
ing at the back of his neck and
thong is tight. (Figure 78a).
pull him slightly backward.
(Figure 79). Place baton tip between opponent's
shoulder blades as you grasp baton
handle in left hand. Opponent can be
moved under c·ontrol by raising baton
Figure 19 Figure 18a
hand le as y·ou push him in the back.
with the tip of the baton. (Figure
ALTERNATE METHOD. --With baton 79a) •
hanging downward, have subject
D. Strangles
insert hands into the loops
The baton can be used quite
which are separated by the
effectively in strangling an
baton handle. (Figure 76a).
opponent who has either gone
berserk or is extremely, violent.
Figure 1Sa
1. Approach opponent from the Figure 19a

rear as you grasp bat,on in

y·our right hand using the
Tighten the thong by pulling l·ong grip. Place baton
opponent's hands backward as barrel across opponent f 6
you raise baton tip upward thvoat and the tip of the
in a circular path and bring baton in the crotch of your
baton tip between opponent's left elbow. (Figu~e 80).
hands and his back. (Figure
77a). Figure 11a Figure 80 "

-36- -37-

AG000144
 Place y.our left hand on the
back ,of ,opponent t s head and E. How to Free the Baton When
bring him under contt'ol by Seized by Opponent
pushing his head d.ownward with
1. From the Long Grip.--As
your left hand as y.ou pull the
opponent grabs baton barrel
baton back with the right
with either one or both
hand. (Figu!'e 81).
hands, step toward him
2. Grasp bat.on with the right hand, quickly with your right
Figure 81
Figure 84
using the l,ong grip. Approach foot and grasp baton bar!'el
.opponent from the rear and with your left hand. (Figure
reach act'oss with your 'right 84). Pull baton barrel up-
hand,placing the baton barre~ ward with your left hand as
against his throat. The knuckles you drive baton butt down-
Qf your right hand are turned doOwn ward.then upward,with your
and the right hand is held just right hand. (Figure 85).
outside .opponent t s left ear. Step back quickly with your
(Figure 82). Reach act'oss left foot, twisting your body Figure 85
.opponent t s back and grasp batoOn Figure 82 to the lef.t as you drive
tip with your left hand, with knuckles baton butt to the outside
turned up. CoOntI'ol .opponent by with your right hand.
flexing both arms, thereby applying Free the baton by jerking
p!'essure t,o his throat with the it toward you as you drive
barrel .of the bat'on. (Figure 8~). butt of baton forcefully
to your left. (Figure 86).
----
NOTE: Strangles are dangerous and should be used
as a last resort in controlling a violent opponent. ~![: The officer should be prepared to Figure 8~
An officer must exercise good judgment in utilizing strike a butt stroke should the opponent
"
Figure 83
techniqUes which strangle an opponent. attempt to seize the officer's revolver.
-38- -39-
n
AG000145
 3. Free Baton by Kicking.--Whether the officer is using
the long grip or the two-handed grip, if opponent
2~ From the Two-Handed Grip.--
grabs the baton, the officer can free it with a well-
Opponent would be forced to
executed kick.
grab the center of the baton
a. Snap Kick.--Place both hands
barrel, due to position of
on the baton handle and pull
officer's hand~ on the
it toward you. Bend your
baton. Step forward with
right knee slightly to assist
your left foot as you
in maintaining balance as
raise baton tip with your
Figure 87
you deliver snap kick to
left hand. (Figure 87}.
opponent's knee. (Figure 90).
Drive baton tip toward
b. Thrust or Side Kick.--Place
opponent's left shoulder
both hands on baton handle
as you twist your body to Figure 90
and pull it toward you as
the right. (Figure 88).
you pivot to the right on
Free the baton by ripping
your right foot. Bend the
it dow~ward, raising the butt
right knee and lean to your
end with the right hand as
Figure 88 right as you deliver a thrust or
you lower the baton tip with
side kick to opponent's
the left hand. (Figure 89).
knee. (Figure 91).
NOTE: By driving baton tip
NOTE: ThE snap kick and
to the outside of opponent,
the thrust or side kick
you c,a.use his arms to cross,
must be executed quickly so
thereby placing him in a
the officer is not pulled Figure 91
weak position.
off balance.

Figure 89

-40- -41-
,+
AG000146
 I'
BIBLIOGRAPHY

Applegate, Rex. Crowd and Riot Control. Harrisburg, Pa.

The Stackpole Co. 1964.
Manual for The Use of The Police Club. Prepared by the
DivisiOn of Public Safety of the United States Economic
Mission in Peru; Lima, Peru, 1962.
Police Baton Training Manual. Los Angeles, California,
Police Department, January 1945.
Prevention and Control of Mobs and Riots. Federal Bureau of
Investigation, U. S. Department of Justice, Washington,
D. C., Revised April 3, 1967 '

-42- U, S, GOVERNMENT PRINTING OFFICE: ,972 0·471-346

----------~------ ------- AG000147

Where have all the batons gone? https://www.policeone.com/police-products/less-lethal/batons/articles/wh...

Introducing the Rapid Rotation Baton (RRB)

The 21st century has ushered in a new phase of non-lethal technology. As the law enforcement
industry responds to public sentiment, there is renewed interest in all types of weapons that
promote control without killing. From aerosol defense sprays, electrical devices, laser
demobilization lights, specialty impact munitions and new batons; government and business
leaders are all enthusiastically seeking the magic bullet that works fast, works well, is portable
and is non-lethal. Over the last few decades the police duty belt has grown from having simply a
portable radio and firearm to also include Aerosol Units, Electrical Devices, Flashlight,
Handcuffs, Impact Weapons, Pager, Cell Phone and Safety Latex Gloves. Along with the fact that
cops are carrying more police equipment, today's cops are also more fitness-minded and are
slimmer and trimmer than officers of the past, resulting in less belt space to carry all of their
new-fangled equipment. This dilemma has led to a redesign of old items, taking on new shapes
and new carry systems sometimes smaller, sleeker or intentionally designed for strategic
placement on the belt.

One of the most noticeable exclusions from the belt of most cops is the long, solid, dangling
police baton which was at one time a requisite characteristic of the police image; having helped to
shape the look of law enforcement since the early 1800's. The dangling baton had become so
synonymous with the police uniform and so recognizable that even a dark silhouette or caricature
could instantly be identified as a police officer absent of any other features other than the baton.
So why then has the dangling baton, a veritable icon in law enforcement virtually disappeared
among the profession? Where have all of the batons gone, and why were they excluded or
replaced?

The first documented police baton was called a truncheon, a small wooden
police baton carried in the United Kingdom since the early 1800's. It was manufactured as a
striking tool to be used primarily against resistant British subjects who were noted in those days
to have a strong penchant for 'various forms of revelry and drunken debauchery'. It was London
in the nineteenth century; a hard core urban environment and Constables who were charged with
suppressing disorderly conduct in the wild streets of this city would often deploy their small
wooden clubs to usher along crowds and to reinforce their orders and commands.

The police truncheon was effective as a controlling device and soon became a signature product
of law enforcement, spreading to other nations in various forms, made in different lengths,
diameters and materials, but nonetheless still used the same way for nearly two hundred years.

It wasn't until the early 1970s when the first significant change in police batons was accepted into
the genre of professional policing. Designed by Lon Anderson and brought to market by the
Monadnock Corporation, the PR-24, as it was later called, was an embodiment of the original
straight truncheon, but modified with a side handle affixed perpendicular to the main body to
allow it to be utilized in a clever new way. This baton's design came on the heels of the US Civil
rights movement, when police batons had come under sharp criticism by an aggravated public
flooded by imagery of minorities being 'clubbed' and 'beaten' by America's tough enforcers. Police
enforcement became synonymous with police brutality and the country was in the mood for
radical reform. As blame was cast, scapegoats quickly surfaced and the police baton, a historically
offensive weapon by most accounts became the 'bad boy' tool of evil oppressors. Police
Administrators, reacting to the public discourse threatened to abandon the use of batons as a sign

1 of 6 10/16/2019, 2:56 PM
AG000148
Where have all the batons gone? https://www.policeone.com/police-products/less-lethal/batons/articles/wh...

of concern and a measure of counter-ambivalence.

Though some agencies did indeed remove batons from their arsenal
of weapon choices, most moved to a more moderate approach and seized this new side-handle
baton design that was beginning to emerge as a defensive control tool.

The argument for the side handle baton was as clever as the design itself. It was held like a shield,
apparently to deflect attack rather than initiate injury. Though it could be spun around on the
spindle for striking, it was preferred to be used for leverage-based techniques and control holds.
This softer image was precisely what the police industry was hoping for, and when the Los
Angeles Sheriff's Department tested and approved the side-handle baton, it wasn't long before
the rest of the world followed suit.

An interesting thing then happened, and it lasted for over 20 years. Within the police industry,
baton philosophy was taken on a life of its own, with users and trainers slowly dividing
themselves on what they thought were important features in the batons they carried. Two distinct
camps emerged within the business and strong arguments could be heard at conferences and
training sessions about what truly was the best baton for police.

On one end of the spectrum were the advocates of the side-handle baton. This camp argued that
the new baton was an advancement over an older, far more antiquated design. "Give a cop a
hammer and everyone looks like a nail" was the argument of the neo-professional. They felt that
the side-handle baton offered more choices for deployment and could be used for blocking and
controlling rather than just striking. Furthermore, the manufacture of this product had developed
an intensive training program with researched striking zones, and a tactical approach to using the
weapon that was sensible, comprehensible, and defensible.

On the other end, a more conservative approach to baton-use supported the continued use of the
solid straight baton. Their argument focused squarely on the need for an offensive tool, which
they argued was more important than the politics of appearing strictly defensive. They wanted a
baton that hurt when it hit and could be controlled by the user before, during and after a strike.
They felt that the side-handle baton was cumbersome when used for striking and was difficult to
control on impact. They cared less about positive image because when the fight was on, winning
was their only objective. They simply balked at the idea that a baton could be used as a
controlling tool, during the time when a baton was actually needed. This of course was when the
subject was violent, out of control, and not cooperating. There was no convincing them that the
side-handle baton was built for their safety and they viewed it with contempt as simply an
appeasement to a general public who had become way too involved in their established safety
practices.

Of course, during this time a steady rise in litigation against Police Departments brought with it a
new and emerging concept of negligence. Post Tennessee v. Garner police shootings were steadily
facing escalating criticism by litigants posing the question, "could you have done something
else?" This notion of preclusion called attention to the sad truth that batons, which in some cases
might have been deployed, were not, simply because they were so difficult and cumbersome to
carry. It was revealed time after time that many cops had abandoned them in their cars, homes,
and lockers. Suddenly the effectiveness of a baton's design took a back seat to the real problem of
impact weapons. They were in the way and weren't being carried as prescribed by policy. The
time was right for change.

In the 1980's Kevin Parsons gave rebirth to the Japanese kebo, a metal, collapsible baton that was
deployed in the throughout various parts of Japan decades earlier. This baton had a tapered
barrel friction lock design that used the energy of inertia to extend it to full position. When
collapsed, it fit snugly into a sheath and allowed police officials to not have to remove it from
their belts, which was of particular importance during sitting and riding in patrol cars. This, it
was argued, guaranteed that the baton was always present and the accusation that an officer

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failed to carry all of his equipment as described by policy could be quickly put to rest.

The ASP baton was quickly embraced and just as quickly copied by
other manufacturers who wanted in on its sudden popularity. For awhile the affects of this new
baton were hypnotic. It was metal, sleek, and thin and made a surreal noise when it was
extended. It seemed modern and exciting and many agencies scrambled to get rid of their solid
sticks in exchange for these new hollow devices. Collapsible batons quickly became the next
baton fashion.

It wasn't long however before questions began to arise regarding this new tool. It seems that
though it may have solved the issues of convenience and carry, it brought with it new problems
that were not a part of the 'older' baton systems. First, there was the issue of design; even though
the new collapsible baton had a new portable feature, when fully extended, it was still just a
straight or side-handled baton, limited in application as were its solid predecessors. The biggest
problem was that these new collapsible batons were, well…collapsible. Not such an impressive
feature when it occurred in the middle of a fight. It also had problems with being metal; for like
electricity, metal has a negative image when used directly on a human body; "folks just don't like
it". Then, there were plenty of field complaints about the batons failing to work. Complaints
ranged from them being ineffective striking devices (due to the hollow design), to problems with
them closing during an encounter, to not being able to re-holster them while fully extended.
Some experienced that these batons would bend and others complained that they would rust.

Operating below the fault line, in 1996, there was another manufacturer, Roy Bedard with RRB
Systems International, located in Tallahassee, FL, who was compiling historical notes about the
other batons and set about to redesign a new device which took the major problems of straight,
side-handled, and collapsible batons into consideration and eliminated them by creating a new
baton system involving a new baton shape and a new baton carry method.

This "Hybrid Baton" combines all of the positive points of the straight, side handle and
collapsible batons into one solid non-collapsible design. It allows for the blocking and protection
needed against an active attack and promotes striking techniques needed at all distances from
various threat zones, to restraining and stabilization tactics, to the transitions of other belt
equipment and the proper escalation and de-escalation of force.

The RRB System has taken off throughout the world, being viewed as
the new baton to carry, particularly when your life or safety is on the line. It allows an officer the
quickest access to the baton over any other impact weapon made in the world today due to its
interesting holstering system which places the weapon snugly against the body, and behind the
firearm to take advantage of the strong-side bladed stance which all officers are trained to
employ. Internationally the RRB is being carried throughout Europe, parts of Canada and Latin
America, and has recently emerged in various regions of the United States. It has applications for
both police and corrections and The Federal Bureau of Prisons is completing their own pilot
program logging outstanding reviews and life saving results.

So as batons have evolved through time and technology we can now answer the question, "Where

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have all of the batons gone?"

It's clear that they have gone here, rolled into one System of defense - The Rapid
Rotation Baton System!

System Description: The RRB - Rapid Rotation Baton is an intermediate defense tool
designed for police and prison applications. Designed to be used in a variety of situations, the
Rapid Rotation Baton is unique for close-quarter defensive applications and subject control
techniques. Blending the striking capabilities of straight batons with the blocking benefits of the
side hand baton, the Rapid Rotation Baton is a next generation hybrid of police intermediate
tools.

The baton's safety holster allows the RRB to carry upward along the body, rather than dangling
along the side. This allows the officer to sit, run, or fight without the RRB encumbering
performance.

Specifications:

Description: Kydex shell with all-weather laminate outer material - Molded clamshell design -
Concealed safety snap with riveted strap.

Length: 5.5 inches

Width: 4.3 inches
Weight: 5.5 ounces
Finishes: Plain, Nylon look, Basket Weave, Hi-Gloss - Available in special colors with
quantity 'made to order'.

Training: Intensive instruction on Rapid Rotation Baton includes strikes, blocks, take downs,
control-holds, defense against grips, grabs and body holds, ground defense, defense against
edged weapons, nerve pressure control and weapon retention.

Table - Comparison of Features of Available Modern

Intermediate Police Weapons

Rapid Solid Collapsible Solid Collapsible

Rotation Straight Straight Side Side
Baton Baton Baton Handle Handle
Baton Baton
Solid Structure x x x
Effective Offense x x x
- 2 meters
Effective Defense x x x
- 2 meters
Effective Offense x x x x
+ 2 meters
Effective Defense x
+ 2 meters
Effective against grips, grabs x
and body holds
Effective in ground fight x
Available certified training programs x x x x x
Secure Carry System x

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Able to be carried while sitting in vehicle x x x

Edged weapon defense considerations x
Effective Retention on the belt x
Effective Retention in the hand x x x x x
Multi-National use x x x x x
Cost Comparison* Medium Low High Medium High

Explanation of table:

Solid Structure - The weapon is designed with a solid core for greater reliability as a striking
tool.

Effective Offense = 2 meters - Weapon allows for powerful strikes at the conventional arms
length distance of approximately 2 meters (4-6 feet).

Effective Defense = 2 meters - Weapon allows for effective one arm shielding against strikes
at conventional arms length of approximately 2 meters (4-6 feet)

Effective Offense < 2 meters - Weapon allows for powerful jabs and strikes in close quarters at
less than arms length. Certified instructional techniques exist for this fighting environment.

Effective Defense < 2 meters - Weapon allows for shielding, gripping and trapping of attack
in close quarters at less than arms length. Certified instructional techniques exist for this fighting
environment

Effective against grips, grabs and body holds - Weapon can be successfully deployed in
body to body contact against a variety of grappling type attacks. Certified instructional techniques
exist against these types of attacks

Effective in Ground Fights - Weapon can be drawn and successfully deployed by wearer
against a variety of body to body ground attacks. Certified instructional techniques exist against
these types of attacks.

Available Certified Training programs - Manufacturer of weapon offers corporate training

which is recognized and adopted by at least one sworn law enforcement agency.

Secure Carry System - Manufacturer provides carrier with security features specifically
fashioned in the design. Weapon is not able to be taken in one simple movement. Carry system
cannot be used to the attacker advantage.

Able to be carried comfortably in vehicle. - Carry method allows wearer to enter a car
without removing device from the belt.

Edged weapon defense considerations - Weapon offers considerable protection from edged
weapon attacks. Edged Weapon defense system is taught within weapon's certified course.

Effective Retention on belt - Carrier and associated training methods allow for weapon to be
retained against subject who grabs it while on the equipment belt.

Effective retention in hand - Manufacturer offers methods to allow for weapon to be retained
against subject who grabs it while in the user's hand.

Multi-national use - Weapon is currently being used by sworn law enforcement agencies in
more than one country.

Cost Comparison - Based on Manufacturers list price, comparing all five weapons listed.
Location where weapons fall along cost curve ($1.00 - $150.00 US). Cost will include weapon and

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carrier. Training is not considered into cost.

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