Amended in Senate June 2, 2015

Amended in Senate April 21, 2015

Senate BillNo. 347


Introduced by Senator Jackson

February 24, 2015


An act to amendbegin delete Section 29805end deletebegin insert Sections 26500 and 29805end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 347, as amended, 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 violating the 10-year prohibition on possessing a firearm specifiedbegin delete above,end deletebegin insert above and petty theft of a firearm, and convictions on or after January 1, 2016, for the misdemeanor offenses ofend insert transferring abegin delete firearmend deletebegin insert handgunend insert 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,begin delete petty theft of a firearm,end delete 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.begin insert The bill would make other technical, nonsubstantive changes.end insert 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 26500 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

26500.  

(a) begin deleteNo person end deletebegin insert(1)end insertbegin insertend insertbegin insertA person end insertshallbegin insert notend insert sell, lease, or
4transferbegin delete firearmsend deletebegin insert a handgunend insert unless the person has been issued a
5license pursuant to Article 1 (commencing with Section 26700)
6and Article 2 (commencing with Section 26800) of Chapter 2.

begin insert

7(2) A person shall not sell, lease, or transfer a firearm that is
8not a handgun unless the person has been issued a license pursuant
9to Article 1 (commencing with Section 26700) and Article 2
10(commencing with Section 26800) of Chapter 2.

end insert

11(b) Any person violating this article is guilty of a misdemeanor.

12

begin deleteSECTION 1.end delete
13begin insertSEC. 2.end insert  

Section 29805 of the Penal Code is amended to read:

14

29805.  

Except as provided in Section 29855 or subdivision (a)
15of Section 29800, any person who has been convicted of a
16misdemeanor violation of this section, Section 71, 76, 136.1, 136.5,
17or 140, subdivision (d) of Section 148, Section 171b, paragraph
18(1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240,
19241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6,
20417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
21Section 12100, as that section read at any time from when it was
22enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
23when it was repealed by Section 18 of Chapter 23 of the Statutes
24of 1994, Section 17500, 17510, 25300, 25800,begin delete 26500, 30300,
P3    130305, 30306, 30310,end delete
30315, or 32625, subdivision (b) or (d) of
2Section 26100, or Section 27510, or Section 8100, 8101, or 8103
3of the Welfare and Institutions Code, any firearm-related offense
4pursuant to Sections 871.5 and 1001.5 of the Welfare and
5Institutions Code, Section 490.2 if the property taken was a firearm,
6begin delete Section 496 if the property consists of a firearm, Section 25400
7that is punishable pursuant to paragraph (5) or (6) of subdivision
8(c) of Section 25400, Section 25850 that is punishable pursuant
9to paragraph (5) or (6) of subdivision (c) of Section 25850,end delete
or of
10the conduct punished in subdivision (c) of Section 27590,begin insert or, for
11a conviction on or after January 1, 2016, for a violation of Section
12496 if the property consists of a firearm, Section 25400 that is
13punishable pursuant to paragraph (5) or (6) of subdivision (c) of
14Section 25400, Section 25850 that is punishable pursuant to
15paragraph (5) or (6) of subdivision (c) of Section 25850, paragraph
16(1) of subdivision (a) of Section 26500, Section 30300, 30305,
1730306, or 30310,end insert
and who, within 10 years of the conviction, owns,
18purchases, receives, or has in possession or under custody or
19control, any firearm is guilty of a public offense, which shall be
20punishable by imprisonment in a county jail not exceeding one
21year or in the state prison, by a fine not exceeding one thousand
22dollars ($1,000), or by both that imprisonment and fine. The court,
23on forms prescribed by the Department of Justice, shall notify the
24department of persons subject to this section. However, the
25prohibition in this section may be reduced, eliminated, or
26conditioned as provided in Section 29855 or 29860.

27

begin deleteSEC. 2.end delete
28begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.



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