California Legislature—2015–16 Regular Session

Assembly BillNo. 1415


Introduced by Assembly Member Steinorth

(Principal coauthor: Assembly Member Linder)

February 27, 2015


An act to amend Section 29800 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1415, as introduced, Steinorth. Firearms: felons in possession of firearms.

Existing law makes it a felony for any person who has been convicted of a felony to own, purchase, receive, or have in his or her possession or under custody or control any firearm. Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced certain felonies to misdemeanors. Proposition 47 allows a person who is currently serving a sentence for a conviction of a felony who would have been guilty of a misdemeanor under the proposition to petition for a recall of sentence and permits the court to recall the felony sentence and resentence the petitioner to a misdemeanor, as specified. Proposition 47 also allows a court to designate a felony conviction of a person who has completed his or her sentence as a misdemeanor upon application.

This bill would make it a felony for a person who has had his or her felony conviction recalled and has been resentenced to a misdemeanor, or who has had a felony designated as a misdemeanor, pursuant to the above provisions, to own, purchase, receive, or have in possession or under custody or control any firearm.

By creating a new 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:

P2    1

SECTION 1.  

Section 29800 of the Penal Code is amended to
2read:

3

29800.  

(a) (1) begin deleteAny end deletebegin insertA end insertperson who has been convicted of a
4felony under the laws of the United States, the State of California,
5or any other state, government, or country, or of an offense
6enumerated in subdivision (a), (b), or (d) of Section 23515, or who
7is addicted to the use of any narcotic drug, and who owns,
8purchases, receives, or has in possession or under custody or
9controlbegin delete anyend deletebegin insert aend insert firearm is guilty of a felony.

10(2) begin deleteAny end deletebegin insertA end insertperson who has two or more convictions for violating
11paragraph (2) of subdivision (a) of Section 417 and who owns,
12purchases, receives, or has in possession or under custody or
13controlbegin delete anyend deletebegin insert aend insert firearm is guilty of a felony.

14(b) Notwithstanding subdivision (a),begin delete anyend deletebegin insert aend insert person who has been
15convicted of a felony or of an offense enumerated in Section 23515,
16when that conviction results from certification by the juvenile court
17for prosecution as an adult in an adult court under Section 707 of
18the Welfare and Institutions Code, and who owns or has in
19possession or under custody or controlbegin delete anyend deletebegin insert aend insert firearm is guilty of
20a felony.

begin insert

21(c) A person who was either previously convicted of a felony
22and had his or her sentence recalled and was resentenced to a
23misdemeanor pursuant to Section 1170.18, or who had his or her
24felony conviction designated as a misdemeanor pursuant to Section
251170.18 after completing his or her sentence, and who owns,
26purchases, receives, or has in possession or under custody or
27control a firearm is guilty of a felony.

end insert
begin delete

28(c)

end delete

P3    1begin insert(d)end insert Subdivision (a) shall not apply to a person who has been
2convicted of a felony under the laws of the United States unless
3either of the following criteria is satisfied:

4(1) Conviction of a like offense under California law can only
5result in imposition of felony punishment.

6(2) The defendant was sentenced to a federal correctional facility
7for more than 30 days, or received a fine of more than one thousand
8dollars ($1,000), or received both punishments.

9

SEC. 2.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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