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 above and petty theft of a firearm, and convictions on or after January 1, 2016, for the misdemeanor offenses of transferring a handgun 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, 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. The bill would make other technical, nonsubstantive changes. 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 26500 of the Penal Code is amended to
2read:
(a) (1) A person shall not sell, lease, or transfer a
4handgun unless the person has been issued a license pursuant to
5Article 1 (commencing with Section 26700) and Article 2
6(commencing with Section 26800) of Chapter 2.
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.
11(b) Any person violating this article is guilty of a misdemeanor.
Section 29805 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insert Except as provided in Section 29855 or subdivision
14(a) of Section 29800, any person who has been convicted of a
15misdemeanor violation of this section, Section 71, 76, 136.1, 136.5,
16or 140, subdivision (d) of Section 148, Section 171b, paragraph
17(1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240,
18241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6,
19417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
20Section 12100, as that section read at any time from when it was
21enacted by Section 3 of Chapter 1386 of the
Statutes of 1988 to
22when it was repealed by Section 18 of Chapter 23 of the Statutes
P3 1of 1994, Section 17500, 17510, 25300, 25800,
30315, or 32625,
2subdivision (b) or (d) of Section 26100, or Section 27510, or
3Section 8100, 8101, or 8103 of the Welfare and Institutions Code,
4any firearm-related offense pursuant to Sections 871.5 and 1001.5
5of the Welfare and Institutions Code, Section 490.2 if the property
6taken was a firearm, or of the conduct punished in subdivision (c)
7of Section 27590,begin delete or, for a conviction on or after January 1, 2016,
and who, within 10 years
8for a violation of Section 496 if the property consists of a firearm,
9Section 25400 that is punishable pursuant to paragraph (5) or (6)
10of subdivision (c) of Section 25400, Section 25850 that is
11punishable pursuant to paragraph (5) or (6) of subdivision (c) of
12Section 25850, paragraph (1) of subdivision (a) of Section 26500,
13Section 30300, 30305, 30306, or 30310,end delete
14of the conviction, owns, purchases, receives, or has in possession
15or under custody or control, any firearm is guilty of a public
16offense, which shall be punishable by imprisonment in a county
17jail not exceeding one year or in the state prison, by a fine not
18exceeding one thousand dollars ($1,000), or by both that
19imprisonment and fine.begin delete The court, on forms prescribed by the
20Department of Justice, shall notify the department of persons
21subject to this section. However, the prohibition in this section
22may be reduced, eliminated, or conditioned as provided in Section
2329855 or 29860.end delete
24(b) Any person who has been convicted on or after January 1,
25
2016, of a misdemeanor violation of Section 496 if the property
26consists of a firearm, Section 25400 that is punishable pursuant
27to paragraph (5) or (6) of subdivision (c) of Section 25400, Section
2825850 that is punishable pursuant to paragraph (5) or (6) of
29subdivision (c) of Section 25850, paragraph (1) of subdivision (a)
30of Section 26500, paragraph (3) of subdivision (a) of Section
3130300, subdivision (a) of Section 30305, Section 30306 involving
32a violation of subdivision (a) of Section 30305, or Section 30310,
33and who, within 10 years of the conviction, owns, purchases,
34receives, or has in possession or under custody or control, any
35firearm, is guilty of a public offense, which shall be punishable by
36imprisonment in a county jail not exceeding one year or in the
37state prison, by a fine not exceeding one thousand dollars ($1,000),
38or by both that imprisonment and fine.
39(c) The court, on forms prescribed by the Department of Justice,
40shall notify the department of persons subject to this section.
P4 1However, the prohibition in this section may be reduced,
2eliminated, or conditioned as provided in Section 29855 or 29860.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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