Amended in Assembly September 2, 2015

Amended in Assembly July 8, 2015

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 Sections 26500 andend deletebegin insert Sectionend insert 29805 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,begin delete misdemeanor offenses of violating the 10-year prohibition on possessing a firearm specified above andend deletebegin insert theend insert petty theft of a firearm, and convictions on or after January 1, 2016, for the misdemeanor offenses ofbegin delete 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,end delete carrying ammunition onto school begin deletegrounds,end deletebegin insert grounds andend insert receiving stolen property consisting of abegin delete 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.end deletebegin insert firearm.end insert 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:

begin deleteP2    1

SECTION 1.  

Section 26500 of the Penal Code is amended to
2read:

3

26500.  

(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.

end delete
12

begin deleteSEC. 2.end delete
13begin insertSECTION 1.end insert  

Section 29805 of the Penal Code is amended to
14read:

15

29805.  

(a) Except as provided in Section 29855 or subdivision
16(a) of Section 29800, any person who has been convicted of a
17misdemeanor violation ofbegin delete this section,end delete Section 71, 76, 136.1, 136.5,
18or 140, subdivision (d) of Section 148, Section 171b, paragraph
19(1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240,
20241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6,
21417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former
P3    1Section 12100, as that section read at any time from when it was
2enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
3when it was repealed by Section 18 of Chapter 23 of the Statutes
4of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625,
5subdivision (b) or (d) of Section 26100, or Section 27510, or
6Section 8100, 8101, or 8103 of the Welfare and Institutions Code,
7any firearm-related offense pursuant to Sections 871.5 and 1001.5
8of the Welfare and Institutions Code, Section 490.2 if the property
9taken was a firearm, or of the conduct punished in subdivision (c)
10of Section 27590, and who, within 10 years of the conviction,
11owns, purchases, receives, or has in possession or under custody
12or control, any firearm is guilty of a public offense, which shall
13be punishable by imprisonment in a county jail not exceeding one
14year or in the state prison, by a fine not exceeding one thousand
15dollars ($1,000), or by both that imprisonment and fine.

16(b) Any person who has been convicted on or after January 1,
17 2016, of a misdemeanor violation of Section 496 if the property
18consists of a firearm,begin delete Section 25400 that is punishable pursuant to
19paragraph (5) or (6) of subdivision (c) of Section 25400, Section
2025850 that is punishable pursuant to paragraph (5) or (6) of
21subdivision (c) of Section 25850, paragraph (1) of subdivision (a)
22of Section 26500, paragraph (3) of subdivision (a) of Section
2330300, subdivision (a) of Section 30305, Section 30306 involving
24a violation of subdivision (a) of Section 30305,end delete
or Section 30310,
25and who, within 10 years of the conviction, owns, purchases,
26receives, or has in possession or under custody or control, any
27firearm, is guilty of a public offense, which shall be punishable
28by imprisonment in a county jail not exceeding one year or in the
29state prison, by a fine not exceeding one thousand dollars ($1,000),
30or by both that imprisonment and fine.

31(c) The court, on forms prescribed by the Department of Justice,
32shall notify the department of persons subject to this section.
33However, the prohibition in this section may be reduced,
34eliminated, or conditioned as provided in Section 29855 or 29860.

35

begin deleteSEC. 3.end delete
36begin insertSEC. 2.end insert  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P4    1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.



O

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