AB 1415, as amended, 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.begin insert Existing law generally prohibits a person who has been convicted of specified misdemeanors from owning, purchasing, receiving, possessing, or having under his or her custody or control a firearm within 10 years of the conviction.end insert 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 public offense 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, within 10 years of the recall and resentencing or designation, own, purchase, receive, or have in possession or under custody or control any firearm. The bill would make a violation of this provision punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
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:
Section 29805 of the Penal Code is amended to
2read:
(a) Except as provided in Section 29855 or subdivision
4(a) of Section 29800, any person who has been convicted of a
5misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
6subdivision (d) of Section 148, Section 171b, paragraph (1) of
7subdivision (a) of Section 171c,begin insert Sectionend insert 171d, 186.28, 240, 241,
8242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417,
9417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
10Section 12100, as that section read at any time from when it was
11enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
12when it was repealed by Section 18 of Chapter 23 of the Statutes
13of 1994, Section 17500,
17510, 25300, 25800, 30315, or 32625,
14subdivision (b) or (d) of Section 26100, or Section 27510, or
15Section 8100, 8101, or 8103 of the Welfare and Institutions Code,
P3 1any firearm-related offense pursuant to Sections 871.5 and 1001.5
2of the Welfare and Institutions Code, or of the conduct punished
3in subdivision (c) of Section 27590, and who, within 10 years of
4the conviction, owns, purchases, receives, or has in possession or
5under custody or control, any firearm is guilty of a public offense,
6which shall be punishable by imprisonment in a county jail not
7exceeding one year or in the state prison, by a fine not exceeding
8one thousand dollars ($1,000), or by both that imprisonment and
9fine. The court, on forms prescribed by the Department of Justice,
10shall notify the department of persons subject to this section.
11However, the prohibition in this section may be reduced,
12eliminated, or conditioned as
provided in Section 29855 or 29860.
13(b) A person who was either previously convicted of a felony
14and had his or her sentence recalled and was resentenced to a
15misdemeanor pursuant to Section 1170.18, or who had his or her
16felony conviction designated as a misdemeanor pursuant to Section
171170.18 after completing his or her sentence, and who, within 10
18years of the recall and resentencing or designation, owns,
19purchases, receives, or has in possession or under custody or
20control a firearm is guilty of a public offense, which shall be
21punishable by imprisonment in a county jail not exceeding one
22year or in the state prison, by a fine not exceeding $1,000, or by
23both that imprisonment and fine.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.
O
97