BILL NUMBER: AB 1415	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Steinorth
   (Principal coauthor: Assembly Member Linder)

                        FEBRUARY 27, 2015

   An act to amend Section 29800 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1415, as introduced, Steinorth. Firearms: felons in possession
of firearms.
   Existing law makes it a felony for any person who has been
convicted of a felony to own, purchase, receive, or have in his or
her possession or under custody or control any firearm. Existing law,
the Safe Neighborhoods and Schools Act, enacted by Proposition 47,
as approved by the voters at the November 4, 2014, statewide general
election, reduced certain felonies to misdemeanors. Proposition 47
allows a person who is currently serving a sentence for a conviction
of a felony who would have been guilty of a misdemeanor under the
proposition to petition for a recall of sentence and permits the
court to recall the felony sentence and resentence the petitioner to
a misdemeanor, as specified. Proposition 47 also allows a court to
designate a felony conviction of a person who has completed his or
her sentence as a misdemeanor upon application.
   This bill would make it a felony for a person who has had his or
her felony conviction recalled and has been resentenced to a
misdemeanor, or who has had a felony designated as a misdemeanor,
pursuant to the above provisions, to own, purchase, receive, or have
in possession or under custody or control any firearm.
   By creating a new crime, 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 1.  Section 29800 of the Penal Code is amended to read:
   29800.  (a) (1)  Any   A  person who has
been convicted of a felony under the laws of the United States, the
State of California, or any other state, government, or country, or
of an offense enumerated in subdivision (a), (b), or (d) of Section
23515, or who is addicted to the use of any narcotic drug, and who
owns, purchases, receives, or has in possession or under custody or
control  any   a  firearm is guilty of a
felony.
   (2)  Any   A  person who has two or more
convictions for violating paragraph (2) of subdivision (a) of
Section 417 and who owns, purchases, receives, or has in possession
or under custody or control  any   a 
firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a),  any   a
 person who has been convicted of a felony or of an offense
enumerated in Section 23515, when that conviction results from
certification by the juvenile court for prosecution as an adult in an
adult court under Section 707 of the Welfare and Institutions Code,
and who owns or has in possession or under custody or control
 any   a  firearm is guilty of a felony.

   (c) A person who was either previously convicted of a felony and
had his or her sentence recalled and was resentenced to a misdemeanor
pursuant to Section 1170.18, or who had his or her felony conviction
designated as a misdemeanor pursuant to Section 1170.18 after
completing his or her sentence, and who owns, purchases, receives, or
has in possession or under custody or control a firearm is guilty of
a felony.  
   (c) 
    (d) Subdivision (a) shall not apply to a person who has
been convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.