Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2666


Introduced by Assembly Member Baker

(Coauthor: Assembly Member Lackey)

(Coauthors: Senators Glazer and Wolk)

February 19, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

AB 2666, as amended, Baker. Firearms: felons in possession.

Existing law provides that any person convicted of a felony under the laws of the United States, the State of California, or any other state or country, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. Existing law prescribes the punishment for that felony as imprisonment for a term of 16 months, or 2 or 3begin delete years.end deletebegin insert years in the state prison.end insert

This bill would provide that the punishment for subsequent convictions of that felony would be imprisonment for a term of 4, 5, or 6begin delete years.end deletebegin insert years in the state prison.end insert Bybegin delete increasing the penalties for an existingend deletebegin insert creating a newend insert crime, this bill would impose a state-mandated local program. The bill would also make additional technical, nonsubstantive changes.

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) A person who has been convicted of a felony
4under the laws of the United States, the State of California, or any
5other state, government, or country and who owns, purchases,
6receives, or has in possession or under custody or control any
7firearm is guilty of abegin delete felony punishable pursuant to subdivision
8(h) of Section 1170.end delete
begin insert felony.end insert A subsequent conviction for this
9offense is a felony punishable by imprisonment for four, five, or
10sixbegin delete years pursuant to subdivision (h) of Section 1170.end deletebegin insert years.end insert

11(2) A person who has been convicted of a misdemeanor violation
12of paragraph (2)begin insert or (3)end insert of subdivision (a) of Section 245, a
13misdemeanor violation of Section 246, or a misdemeanor violation
14of subdivision (c) of Section 417 and who owns, purchases,
15receives, or has in possession or under custody or control any
16firearm is guilty of abegin delete felony punishable pursuant to subdivision
17(h) of Section 1170.end delete
begin insert felony.end insert

18(3) A person who is addicted to the use of any narcotic drug
19and who owns, purchases, receives, or has in possession or under
20custody or control any firearm is guilty of abegin delete felony punishable
21pursuant to subdivision (h) of Section 1170.end delete
begin insert felony.end insert

22(4) A person who has two or more convictions for violating
23paragraph (2) of subdivision (a) of Section 417 and who owns,
24purchases, receives, or has in possession or under custody or
25control any firearm is guilty of a begin delete felony punishable pursuant to
26subdivision (h) of Section 1170.end delete
begin insert felony.end insert

27(b) Notwithstanding subdivision (a), a person who has been
28convicted of a felony or of an offense enumerated in Section 23515,
29when that conviction results from certification by the juvenile court
30for prosecution as an adult in an adult court under Section 707 of
31the Welfare and Institutions Code, and who owns or has in
32possession or under custody or control any firearm is guilty of a
33begin delete felony punishable pursuant to subdivision (h) of Section 1170.end delete
34begin insert felony.end insert

P3    1(c) 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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