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 specified
begin delete above,end delete transferring a begin delete firearmend delete 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.
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:
begin deleteNo person end deleteshall sell, lease, or
begin delete firearmsend delete 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.
11(b) Any person violating this article is guilty of a misdemeanor.
Section 29805 of the Penal Code is amended to read:
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,
30315, or 32625, subdivision (b) or (d) of
P3 130305, 30306, 30310,end delete
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,
begin delete Section 496 if the property consists of a firearm, Section 25400 or of
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
10the conduct punished in subdivision (c) of Section 27590, 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.
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