Senate BillNo. 347


Introduced by Senator Jackson

February 24, 2015


An act to amend Section 29805 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 347, as introduced, Jackson. Firearms: prohibited persons.

Existing law generally prohibits a person who has been convicted of certain specified misdemeanors from possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a crime, punishable by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or 2 or 3 years, 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 the above prohibition on possessing a firearm within 10 years of the conviction, misdemeanor offenses of transferring a firearm without a firearms license, selling or giving possession of ammunition to a minor, selling handgun ammunition to a person under 21 years of age, possession of ammunition by a person prohibited from possessing a firearm, furnishing ammunition to a person prohibited from possessing ammunition, carrying ammunition onto school grounds, petty theft of a firearm, receiving stolen property consisting of a firearm, carrying a loaded or concealed weapon if the person has been previously convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, or if the firearm is not registered. Because a violation of these provisions would be a crime, and because this bill would expand the application of the crime to a larger class of potential offenders, 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:

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SECTION 1.  

Section 29805 of the Penal Code is amended to
2read:

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29805.  

Except as provided in Section 29855 or subdivision (a)
4of 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,begin insert 26500, 30300,
1430305, 30306, 30310,end insert
30315, or 32625, subdivision (b) or (d) of
15Section 26100, or Section 27510, or Section 8100, 8101, or 8103
16of the Welfare and Institutions Code, any firearm-related offense
17pursuant to Sections 871.5 and 1001.5 of the Welfare and
18Institutions Code,begin insert Section 490.2 if the property taken was a firearm,
19Section 496 if the property consists of a firearm, Section 25400
20that is punishable pursuant to paragraph (5) or (6) of subdivision
21(c) of Section 25400, Section 25850 that is punishable pursuant
22to paragraph (5) or (6) of subdivision (c) of Section 25850,end insert
or of
23the conduct punished in subdivision (c) of Section 27590, and
24who, within 10 years of the conviction, owns, purchases, receives,
25or has in possession or under custody or control, any firearm is
26guilty of a public offense, which shall be punishable by
27imprisonment in a county jail not exceeding one year or in the
28state prison, by a fine not exceeding one thousand dollars ($1,000),
29or by both that imprisonment and fine. The court, on forms
30prescribed by the Department of Justice, shall notify the department
P3    1of persons subject to this section. However, the prohibition in this
2section may be reduced, eliminated, or conditioned as provided in
3Section 29855 or 29860.

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SEC. 2.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



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