BILL NUMBER: SB 347	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 29805 of the Penal Code is amended to read:
   29805.  Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, paragraph (1) of subdivision (a) of
Section 171c,  Section  171d, 186.28, 240, 241, 242, 243,
243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422,
626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as
that section read at any time from when it was enacted by Section 3
of Chapter 1386 of the Statutes of 1988 to when it was repealed by
Section 18 of Chapter 23 of the Statutes of 1994, Section 17500,
17510, 25300, 25800,  26500, 30300, 30305, 30306, 30310, 
30315, or 32625, subdivision (b) or (d) of Section 26100, or Section
27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code,  Section 490.2 if
the property taken was a firearm, Section 496 if the property
consists of a firearm, Section 25400 that is punishable pursuant to
paragraph (5) or (6) of subdivision (c) of Section 25400, Section
25850 that is p   unishable pursuant to paragraph (5) or (6)
of subdivision (c) of Section 25850,  or of the conduct
punished in subdivision (c) of Section 27590, and who, within 10
years of the conviction, owns, purchases, receives, or has in
possession or under custody or control, any firearm is guilty of a
public offense, which shall be 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. The court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
section. However, the prohibition in this section may be reduced,
eliminated, or conditioned as provided in Section 29855 or 29860.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.