AB 1695, as amended, Bonta. Firearms: false reports of stolen firearms.
(1) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center.end delete
This bill would make it a misdemeanor to report to a local law enforcement agency that a firearm has been lost or stolen, knowing that report to be false. The bill would also make it a misdemeanor for a person convicted of violating this provision to own a firearm within 10 years of the conviction. The bill would define “firearm” for these purposes to include the frame or receiver of the weapon, and to include a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material. By creating new crimes, this bill would impose a state-mandated local program.end delete
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 16520 of the Penal Code is amended to
(a) As used in this part, “firearm” means a device,
4designed to be used as a weapon, from which is expelled through
5a barrel, a projectile by the force of an explosion or other form of
7(b) As used in the following provisions, “firearm” includes the
8frame or receiver of the weapon:
P3 1(1) Section 16550.
2(2) Section 16730.
3(3) Section 16960.
4(4) Section 16990.
5(5) Section 17070.
6(6) Section 17310.
7(7) Sections 26500 to 26588, inclusive.
8(8) Sections 26600 to 27140, inclusive.
9(9) Sections 27400 to 28000, inclusive.
10(10) Section 28100.
11(11) Sections 28400 to 28415, inclusive.
12(12) Sections 29010 to 29150, inclusive.
13(13) Section 29305.
14(14) Sections 29610 to 29750, inclusive.
15(15) Sections 29800 to 29905, inclusive.
16(16) Sections 30150 to 30165, inclusive.
17(17) Section 31615.
18(18) Sections 31705 to 31830, inclusive.
19(19) Sections 34355 to 34370, inclusive.
20(20) Sections 8100, 8101, and 8103 of the Welfare and
22(c) As used in the following provisions, “firearm” also includes
23a rocket, rocket propelled projectile launcher, or similar device
24containing an explosive or incendiary material, whether or not the
25device is designed for emergency or distress signaling purposes:
26(1) Section 16750.
27(2) Subdivision (b) of Section 16840.
28(3) Section 25400.
29(4) Sections 25850 to 26025, inclusive.
30(5) Subdivisions (a), (b), and (c) of Section 26030.
31(6) Sections 26035 to 26055, inclusive.
32(d) As used in the following provisions, “firearm” does not
33include an unloaded antique firearm:
34(1) Subdivisions (a) and (c) of Section 16730.
35(2) Section 16550.
36(3) Section 16960.
37(4) Section 17310.
38(5) Section 25135.
39(6) Chapter 6 (commencing with Section 26350) of Division 5
40of Title 4.
P4 1(7) Chapter 7 (commencing with Section 26400) of Division 5
2of Title 4.
3(8) Sections 26500 to 26588, inclusive.
4(9) Sections 26700 to 26915, inclusive.
5(10) Section 27510.
6(11) Section 27530.
7(12) Section 27540.
8(13) Section 27545.
9(14) Sections 27555 to 27585, inclusive.
10(15) Sections 29010 to 29150, inclusive.
11(16) Section 29305.
12(e) As used in Sections 34005 and 34010, “firearm” does not
13include a destructive device.
14(f) As used in Sections 17280 and 24680, “firearm” has the
15same meaning as in Section 922 of Title 18 of the United States
17(g) As used in Sections 29010 to 29150, inclusive, “firearm”
18includes the unfinished frame or receiver of a weapon that can be
19readily converted to the functional condition of a finished frame
Section 29305 is added to the Penal Code, to read:
It is unlawful to report to a local law enforcement
23agency that a firearm has been lost or stolen, knowing the report
24to be false. A violation of this section is a misdemeanor.
(a) Every person who reports to any peace officer listed
28in Section 830.1 or 830.2, or subdivision (a) of Section 830.33,
29the Attorney General, or a deputy attorney general, or a district
30attorney, or a deputy district attorney that a felony or misdemeanor
31has been committed, knowing the report to be false, is guilty of a
33(b) Every person who reports to any other peace officer, as
34defined in Chapter 4.5 (commencing with Section 830) of Title 3
35of Part 2, that a felony or misdemeanor has been committed,
36knowing the report to be false, is guilty of a misdemeanor if (1)
37the false information is given while the peace officer is engaged
38in the performance of his or her duties as a peace officer and (2)
39the person providing the false information knows or should have
40known that the person receiving the information is a peace officer.
P5 1(c) Except as provided in subdivisions (a) and (b), every person
2who reports to any employee who is assigned to accept reports
3from citizens, either directly or by telephone, and who is employed
4by a state or local agency which is designated in Section 830.1,
5830.2, subdivision (e) of Section 830.3, Section 830.31, 830.32,
6830.33, 830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or
7misdemeanor has been committed, knowing the report to be false,
8is guilty of a misdemeanor if (1) the false information is given
9while the employee is engaged in the performance of his or her
10duties as an agency employee and (2) the person providing the
11false information knows or should have known that the person
12receiving the information is an agency employee engaged in the
13performance of the duties described in this subdivision.
14(d) Every person who makes a report to a grand jury that a
15felony or misdemeanor has been committed, knowing the report
16to be false, is guilty of a misdemeanor. This subdivision shall not
17be construed as prohibiting or precluding a charge of perjury or
18contempt for any report made under oath in an investigation or
19proceeding before a grand jury.
20(e) This section does not apply to reports made by persons who
21are required by statute to report known or suspected instances of
22child abuse, dependent adult abuse, or elder abuse.
Section 29805 of the Penal Code is amended to read:
(a) Except as provided in Section 29855 or subdivision
30(a) of Section 29800, any person who has been convicted of a
31misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
32subdivision (d) of Section 148,
33 Section 171b, paragraph (1) of subdivision (a) of Section 171c,
34Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5,
35246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95,
36subdivision (a) of former Section 12100, as that section read at
37any time from when it was enacted by Section 3 of Chapter 1386
38of the Statutes of 1988 to when it was repealed by Section 18 of
39Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
begin delete 29305,end delete 30315, or 32625, subdivision (b) or (d) of Section
P6 126100, or Section 27510, or Section 8100, 8101, or 8103 of the
2Welfare and Institutions Code, any firearm-related offense pursuant
3to Sections 871.5 and 1001.5 of the Welfare and Institutions Code,
4or of the conduct punished in subdivision (c) of Section 27590,
5and who, within 10 years of the conviction, owns, purchases,
6receives, or has in possession or under custody or control, any
7firearm is guilty of a public offense, which shall be punishable by
8imprisonment in a county jail not exceeding one year or in the
9state prison, by a fine not exceeding one thousand dollars ($1,000),
10or by both that imprisonment and fine.
11(b) The court, on forms
prescribed by the Department of Justice,
12shall notify the department of persons subject to this section.
13However, the prohibition in this section may be reduced,
14eliminated, or conditioned as provided in Section 29855 or 29860.
Except as provided in Section 29855 or subdivision
17(a) of Section 29800, any person who has been convicted of a
18misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
19subdivision (d) of Section 148,
20 Section 171b, paragraph (1) of subdivision (a) of Section 171c,
21 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5,
22246.3, 247, 273.5, 273.6, 417, 417.6, 422,
24 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100,
25as that section read at any time from when it was enacted by
26Section 3 of Chapter 1386 of the Statutes of 1988 to when it was
27repealed by Section 18 of Chapter 23 of the Statutes of 1994,
28Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision
29(b) or (d) of Section 26100, or Section 27510, or Section 8100,
308101, or 8103 of the Welfare and Institutions Code, any
31firearm-related offense pursuant to Sections 871.5 and 1001.5 of
32the Welfare and Institutions Code, or of the conduct punished in
33subdivision (c) of Section 27590, and who, within 10 years of the
34conviction, owns, purchases, receives, or has in possession or under
35custody or control, any firearm is guilty of a public offense, which
36shall be punishable by imprisonment in a county jail not exceeding
37one year or in the state prison, by a fine not exceeding one thousand
38dollars ($1,000), or by both that imprisonment and fine.
begin delete The court,
39on forms prescribed by the Department of Justice, shall notify the
40department of persons subject to this section. However, the
P7 1prohibition in this section may be reduced, eliminated, or
2conditioned as provided in Section 29855 or 29860.end delete
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California