BILL NUMBER: AB 740 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Alejo
FEBRUARY 21, 2013
An act to amend Sections 16730 and 29805 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 740, as introduced, Alejo. Firearms.
Existing law provides that certain prohibitions on the transfer of
firearms do not apply if the transfer is among other things,
infrequent. Existing law defines "infrequent" for these purposes as
less than 6 transactions per calendar year for handguns, and
occasional and without regularity for firearms other than handguns.
Existing law defines "transaction" for these purposes as a single
sale, lease, or transfer of any number of handguns.
This bill would define "infrequent" for purposes of these
provisions as less than 5 firearms transactions per calendar year.
The bill would revise the definition of "transaction" for these
purposes to mean a single sale, lease, or transfer of any number of
firearms.
By expanding the definitions of the underlying crimes affected by
the definition of infrequent, this bill would impose a
state-mandated local program.
Existing law, subject to exceptions, provides that any person who
has been convicted of certain misdemeanors may not, within 10 years
of the conviction, own, purchase, receive, possess, or have under his
or her custody or control, any firearm. Violation of this
prohibition is 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.
This bill would add to the list of misdemeanors, the conviction
for which is subject to those prohibitions, a violation of the
above-described 10-year prohibition, as well as the misdemeanor
offenses of interfering with a public official, peace officer, or
emergency technician interfering with transmissions over a public
safety radio frequency; a violation of the provision requiring a
person to be a licensed firearms dealer in order to sell, lease, or
transfer firearms; possession of ammunition by a person prohibited
from possessing firearms; supplying, delivering, selling, or giving
possession or control of ammunition to a person prohibited from
possessing firearms; and carrying ammunition on school grounds, as
specified.
By expanding the scope of an existing 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 16730 of the Penal Code is amended to read:
16730. (a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
means fewer than five transactions per year.
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without
regularity.
(b) As used in Section 27900, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by Section 27900, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale,
lease, or transfer of any number of handguns
firearms .
SEC. 2. Section 29805 of the Penal Code is amended to read:
29805. 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, 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, 26500, 30305, 30306, 30310, 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, 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. 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. 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.