Amended  IN  Assembly  January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 228

Introduced by Assembly Member Rodriguez

January 12, 2021

An act to amend Section 496 26720 of the Penal Code, relating to theft. firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 228, as amended, Rodriguez. Theft: receiving stolen property: firearms. Firearms.
Existing law authorizes the licensing authority of a city, county, or a city and county to grant licenses to sell firearms at retail within the city, county, or city and county. Existing law requires the Department of Justice to maintain a list of licensed firearms dealers. Existing law authorizes the department to inspect dealers to ensure compliance with specified provisions of firearms law and to assess an annual fee to cover the reasonable costs of maintaining the dealer list and conducting inspections. Existing law exempts a dealer located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law from that portion of the department’s fee that relates to the cost of inspections.
This bill would require the department to conduct inspections of dealers at least every 3 years, with the exception of a dealer whose place of business is located in a jurisdiction that has adopted an inspection program. The bill would authorize the department to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program.

Under existing law, theft of any property of a value exceeding $950 is grand theft and is punishable as either a misdemeanor or a felony. Under existing law, theft of any firearm, regardless of value, is grand theft and is punishable as a felony.

Under existing law, knowingly buying or receiving stolen property, as specified, is punishable as either a misdemeanor or a felony if the value of the property exceeds $950.

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, requires the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.

This bill would, upon approval by the voters, make knowingly buying or receiving a stolen firearm, as specified, regardless of the value of the firearm, punishable as either a misdemeanor or a felony.

The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.

This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26720 of the Penal Code is amended to read:

26720.
 (a) The Except for a dealer specified in subdivision (c), the Department of Justice may inspect dealers shall conduct inspections of dealers at least every three years to ensure compliance with the provisions listed in Section 16575.
(b) The department may assess an annual fee, not to exceed one hundred fifteen dollars ($115), to cover the reasonable cost of maintaining the list described in Section 26715, including the cost of inspections.
(c) Dealers A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law shall be is exempt from that portion of the department’s fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program. The department may inspect a dealer who is exempt from mandatory inspections under subdivision (a) to ensure compliance with Section 16575.

SECTION 1.Section 496 of the Penal Code is amended to read:
496.

(a)(1)A person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.

(2)A principal in the actual theft of the property may be convicted pursuant to this section. However, a person shall not be convicted both pursuant to this section and of the theft of the same property.

(b)(1)A swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and a person whose principal business is dealing in, or collecting, merchandise or personal property, and an agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(2)A swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and a person whose principal business is dealing in, or collecting, merchandise or personal property, and an agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, is guilty of a misdemeanor.

(c)Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing that firearm to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing that firearm to be so stolen or obtained, shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.

(d)A person who has been injured by a violation of subdivision (a), (b), or (c) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees.

(e)Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 2.

Section 1 of this act amends the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Section 1 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.