AB 740, as introduced, Alejo. Firearms.
Existing law provides that certain prohibitions on the transfer of firearms do not apply if the transfer is among other things, infrequent. Existing law defines “infrequent” for these purposes as less than 6 transactions per calendar year for handguns, and occasional and without regularity for firearms other than handguns. Existing law defines “transaction” for these purposes as a single sale, lease, or transfer of any number of handguns.
This bill would define “infrequent” for purposes of these provisions as less than 5 firearms transactions per calendar year. The bill would revise the definition of “transaction” for these purposes to mean a single sale, lease, or transfer of any number of firearms.
By expanding the definitions of the underlying crimes affected by the definition of infrequent, this bill would impose a state-mandated local program.
Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under his or her custody or control, any firearm. Violation of this prohibition is punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine.
This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, a violation of the above-described 10-year prohibition, as well as the misdemeanor offenses of interfering with a public official, peace officer, or emergency technician interfering with transmissions over a public safety radio frequency; a violation of the provision requiring a person to be a licensed firearms dealer in order to sell, lease, or transfer firearms; possession of ammunition by a person prohibited from possessing firearms; supplying, delivering, selling, or giving possession or control of ammunition to a person prohibited from possessing firearms; and carrying ammunition on school grounds, as specified.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 16730 of the Penal Code is amended to
2read:
(a) As used in Section 31815 and in Division 6
4(commencing with Section 26500) of Title 4, “infrequent”begin delete means:end delete
5begin insert means fewer than five transactions per year.end insert
6(1) For handguns, less than six transactions per calendar year.
end delete
7(2) For firearms other than handguns, occasional and without
8regularity.
9(b) As used in Section 27900, the term “infrequent” shall not
10be construed to prohibit different local chapters of the same
11nonprofit corporation from conducting auctions or similar events,
12provided the individual local chapter conducts the auctions or
13similar events infrequently. It is the intent of the Legislature that
14different local chapters, representing different localities, be entitled
15to invoke the exemption created by Section 27900, notwithstanding
P3 1the frequency with which other chapters of the same nonprofit
2corporation may conduct auctions or similar events.
3(c) As used in this section, “transaction” means a single sale,
4lease, or transfer of any number ofbegin delete handgunsend deletebegin insert
firearmsend insert.
Section 29805 of the Penal Code is amended to read:
Except as provided in Section 29855 or subdivision (a)
7of Section 29800, any person who has been convicted of a
8misdemeanor violation ofbegin insert this section,end insert Section 71, 76, 136.1, 136.5,
9begin delete orend delete 140,begin delete subdivision (d) of Sectionend delete 148, Section 171b, paragraph
10(1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241,
11242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417,
12417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
13Section 12100, as that section read at any time from when it was
14enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
15when it was
repealed by Section 18 of Chapter 23 of the Statutes
16of 1994, Section 17500, 17510, 25300, 25800,begin insert 26500, 30305,
1730306, 30310,end insert 30315, or 32625, subdivision (b) or (d) of Section
1826100, or Section 27510, or Section 8100, 8101, or 8103 of the
19Welfare and Institutions Code, any firearm-related offense pursuant
20to Sections 871.5 and 1001.5 of the Welfare and Institutions Code,
21or of the conduct punished in subdivision (c) of Section 27590,
22and who, within 10 years of the conviction, owns, purchases,
23receives, or has in possession or under custody or control, any
24firearm is guilty of a public offense, which shall be punishable by
25imprisonment in a county jail not exceeding one year or in the
26state prison, by a fine not exceeding one thousand dollars ($1,000),
27or by both that imprisonment and fine. The court, on forms
28prescribed by the Department of Justice, shall notify the department
29of persons subject to
this section. However, the prohibition in this
30section may be reduced, eliminated, or conditioned as provided in
31Section 29855 or 29860.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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