BILL ANALYSIS
AB 2186
Page 1
ASSEMBLY THIRD READING
AB 2186 (De Leon)
As Amended May 3, 2010
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Beall, Hill, |Ayes:|Fuentes, Ammiano, |
| |Portantino, Skinner | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Hall, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Creates a misdemeanor punishable by up to one year in
the county jail and/or a fine not more than $1,000 for any
person convicted of a misdemeanor offense of carrying a
concealed firearm and who, within 10 years of the conviction,
owns, purchases, receives, or has in his or her possession or
under his or her custody or control, any firearm. The court, on
forms prescribed by the Department of Justice (DOJ), shall
notify the DOJ of persons subject to this requirement.
EXISTING LAW :
1)Provides a person is guilty of carrying a concealed firearm
when he or she does any of the following: carries concealed
within any vehicle which is under his or her control or
direction any pistol, revolver, or other firearm capable of
being concealed upon the person; carries concealed upon his or
her person any pistol, revolver, or other firearm capable of
being concealed upon the person; or causes to be carried
concealed within any vehicle in which he or she is an occupant
any pistol, revolver, or other firearm capable of being
concealed upon the person.
2)States any person who has been convicted of a felony under the
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laws of the United States, the State of California, or any
other state, government, or country or of an offense involving
violent use of a firearm, or who is addicted to the use of any
narcotic drug, and who owns, purchases, receives, or has in
his or her possession or under his or her custody or control
any firearm is guilty of a felony.
3)Provides that any person who has been convicted of a felony or
of an offense involving violent use of a firearm, when that
conviction results from certification by the juvenile court
for prosecution as an adult in an adult court, as specified,
and who owns or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
4)States any person who has been convicted of various
misdemeanors, and who, within 10 years of the conviction,
owns, purchases, receives, or has in his or her possession or
under his or her custody or control, any firearm is guilty of
a public offense, which shall be punishable by imprisonment in
a county jail not exceeding one year or in the state prison;
by a fine not exceeding $1,000; or by both that imprisonment
and fine. The court, on forms prescribed by DOJ, shall notify
DOJ of persons subject to this provision.
5)Provides that it is a misdemeanor for a driver of any motor
vehicle or the owner of any motor vehicle, whether or not the
owner of the vehicle is occupying the vehicle, knowingly to
permit any other person to carry into or bring into the
vehicle a firearm in violation of existing law.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 : According to the author, "Under current law, certain
convictions that do not involve a firearm carry a 10-year
prohibition on owning a firearm. Unfortunately, individuals
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convicted of misdemeanors involving carrying a concealed firearm
in a motor vehicle, carrying a loaded firearm or permitting
firearms in their vehicles are not prohibited from owning a
firearm. These listed misdemeanors that involve the illegal
possession of a firearm should also be included in the list of
convictions that carry a 10-year prohibition.
"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.
Please see the policy committee for a full discussion of this
bill
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0004233