BILL NUMBER: SB 347 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 2, 2015
AMENDED IN ASSEMBLY JULY 8, 2015
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE APRIL 21, 2015
INTRODUCED BY Senator Jackson
FEBRUARY 24, 2015
An act to amend Sections 26500 and Section
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, misdemeanor offenses of
violating the 10-year prohibition on possessing a firearm specified
above and the 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, grounds and 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. firearm.
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 1. Section 26500 of the Penal Code is
amended to read:
26500. (a) (1) A person shall not sell, lease, or transfer a
handgun unless the person has been issued a license pursuant to
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2.
(2) A person shall not sell, lease, or transfer a firearm that is
not a handgun unless the person has been issued a license pursuant to
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2.
(b) Any person violating this article is guilty of a misdemeanor.
SEC. 2. SECTION 1. Section 29805 of
the Penal Code is amended to read:
29805. (a) Except as provided in Section 29855 or subdivision (a)
of Section 29800, any person who has been convicted of a misdemeanor
violation of this section, Section 71, 76, 136.1,
136.5, or 140, subdivision (d) of Section 148, Section 171b,
paragraph (1) of subdivision (a) of Section 171c, Section 171d,
186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247,
273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision
(a) of former Section 12100, as that section read at any time from
when it was enacted by Section 3 of Chapter 1386 of the Statutes of
1988 to when it was repealed by Section 18 of Chapter 23 of the
Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or
32625, subdivision (b) or (d) of Section 26100, or Section 27510, or
Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, Section 490.2 if the property taken
was a firearm, or of the conduct punished in subdivision (c) of
Section 27590, and who, within 10 years of the conviction, owns,
purchases, receives, or has in possession or under 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 one thousand dollars
($1,000), or by both that imprisonment and fine.
(b) Any person who has been convicted on or after January 1, 2016,
of a misdemeanor violation of Section 496 if the property consists
of a firearm, Section 25400 that is punishable pursuant to
paragraph (5) or (6) of subdivision (c) of Section 25400, Section
25850 that is punishable pursuant to paragraph (5) or (6) of
subdivision (c) of Section 25850, paragraph (1) of subdivision (a) of
Section 26500, paragraph (3) of subdivision (a) of Section 30300,
subdivision (a) of Section 30305, Section 30306 involving a violation
of subdivision (a) of Section 30305, or Section 30310, and
who, within 10 years of the conviction, owns, purchases, receives,
or has in possession or under 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 one thousand dollars ($1,000), or by both that
imprisonment and fine.
(c) The court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this section.
However, the prohibition in this section may be reduced, eliminated,
or conditioned as provided in Section 29855 or 29860.
SEC. 3. 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.