BILL NUMBER: SB 347 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE APRIL 21, 2015
INTRODUCED BY Senator Jackson
FEBRUARY 24, 2015
An act to amend Section 29805 Sections
26500 and 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, above and petty theft of a firearm, and
convictions on or after January 1, 2016, for the misdemeanor offenses
of transferring a firearm 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,
petty theft of a firearm, 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. 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) No person (1)
A person shall not sell, lease, or transfer
firearms 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.
SECTION 1. 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, 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, 26500, 30300, 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,
Section 490.2 if the property taken was a firearm, 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, or of the
conduct punished in subdivision (c) of Section 27590, or, for a
conviction on or after January 1, 2016, for a 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, Section 30300, 30305, 30306,
or 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. 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. 2. 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.