BILL ANALYSIS
AB 2186
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Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2186 (De Leon) - As Amended: April 22, 2010
Policy Committee: Public
SafetyVote: 5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill creates a misdemeanor, punishable by up to one year in
the county jail and/or a fine of not more than $1,000, for any
person with a prior misdemeanor conviction of carrying a
concealed or loaded weapon or allowing another person to bring a
loaded gun into his or her car, who, within 10 years of that
conviction, possesses a gun.
(Pursuant to current law related to persons prohibited from
possessing a gun due to a prior conviction, the court, on forms
prescribed by the Department of Justice (DOJ), shall notify the
DOJ of persons subject to this requirement.)
FISCAL EFFECT
Unknown, likely minor non-state reimbursable local incarceration
costs, offset to a degree by increased fine revenue.
For comparative purposes, in 2008, 33 persons were committed to
state prison for possessing a gun within 10 years of specified
misdemeanors, and 2,002 persons were committed to state prison
for possessing a gun within 10 years of a felony conviction or
determination of narcotic addiction.
COMMENTS
1)Rationale . As current law prohibits the possession of a gun
within 10 years of several dozen misdemeanors, the author
contends it is logical to add gun-related misdemeanors and
gang activity to the list of misdemeanors that prohibit gun
possession.
AB 2186
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According to the author, "In support of this policy, a study
published in the Journal of the American Medical Association
found that handgun purchasers, who had prior convictions for
non-violent firearm-related offenses such as carrying a
concealed firearm in public, but none for violent offenses,
were at increased risk for later violent offenses. This
proposal does not limit the rights of law abiding individuals;
rather, it would set a 10-year prohibition on individuals who
have been convicted of illegally possessing a firearm under
the three specified Penal Code sections. Simply stated, if an
individual abuses his or her right to possess a weapon by
doing so illegally, he or she should lose the right to own a
gun for a period of time."
2)Current Law:
a) States that any person with a prior conviction for one
of several dozen misdemeanors, who, within 10 years of the
conviction, possesses a gun, is guilty of an alternate
felony/misdemeanor, punishable by up to one year in county
jail and/or a fine of up to $1,000, or by 16 months, two,
or three years in state prison. The court, on forms
prescribed by DOJ, shall notify DOJ of persons subject to
this provision.
b) States any person convicted of a felony under any local,
state, or federal law, or who is addicted to the use of any
narcotic drug, who possesses a gun, is guilty of a felony,
punishable by 16 months, two, or three years in state
prison.
3)Support . According to the Los Angeles City Attorney's Office,
"The rationale for this bill is simple; defendants who commit
crimes involving firearms should be prohibited from owning,
purchasing, possessing, or receiving a firearm in the same
manner that defendants convicted of similar misdemeanors are
so prohibited."
4)Opposition . Gunsports groups contend this bill could result in
a 10-year gun possession prohibition for an offense that may
be inadvertently committed by hunters carrying a loaded gun.
5)Prior legislation , AB 1498 (De Leon), which was similar, but
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marginally broader, was held on this committee's Suspense
File.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081