CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2739

Introduced by Assembly Member Maienschein

February 15, 2024

An act to amend Sections 18000 and 18005 of, and to add Article 6 (commencing with Section 26110) to Chapter 3 of, and Article 3 (commencing with Section 26395) to Chapter 6 of, Division 5 of Title 4 of Part 6 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 2739, as introduced, Maienschein. Firearms.
(1) Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity.
This bill would additionally require a weapon carried unlawfully for those crimes to be surrendered to law enforcement if the defendant is granted diversion for the underlying crime.
(2) Existing law prohibits the carrying of a concealed firearm, as specified and except as exempted. Under existing law, a handgun carried in violation of this provision is a nuisance and is subject to forfeiture and destruction, as specified.
Existing law also prohibits carrying a loaded firearm in public, as specified and except as exempted, and openly carrying an unloaded handgun in public, as specified and except as exempted.
This bill would deem any firearm carried in violation of either of these provisions to be a nuisance and subject to forfeiture and destruction, as specified.
By requiring additional firearms to be forfeited to and destroyed by local law enforcement agencies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 18000 of the Penal Code is amended to read:

18000.
 (a) Any weapon described in Section 19190, 21390, 21590, or 25700, 26110, or 26395, or, upon conviction of the defendant or upon a juvenile court finding that an offense that would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile with the use of a firearm, any weapon described in Section 29300, shall be surrendered to one of the following:
(1) The sheriff of a county.
(2) The chief of police or other head of a municipal police department of any city or city and county.
(3) The chief of police of any campus of the University of California or the California State University.
(4) The Commissioner of the California Highway Patrol.
(b) For purposes of this section, the Commissioner of the California Highway Patrol shall receive only weapons that were confiscated by a member of the California Highway Patrol.
(c) A finding that the defendant was guilty of the offense but was insane at the time the offense was committed is a conviction for the purposes of this section.
(d) Subdivision (a) shall also apply to a weapon when a defendant is granted diversion pursuant to Section 1001.95 for a crime for which subdivision (a) would apply if the defendant had been convicted of that crime.

SEC. 2.

 Section 18005 of the Penal Code is amended to read:

18005.
 (a) An officer to whom a weapon is surrendered under Section 18000, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the retention thereof is necessary or proper to the ends of justice, shall destroy that weapon and, if applicable, submit proof of its destruction to the court.
(b) If any weapon has been stolen and is thereafter recovered from the thief or the thief’s transferee, or is used in a manner as to constitute a nuisance under Section 19190, 21390, 21590, 25700, 26110, 26395, or 29300, or subdivision (a) of Section 25700 without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed pursuant to subdivision (a) but shall be restored to the lawful owner, as soon as its use as evidence has been served, upon the lawful owner’s identification of the weapon and proof of ownership, and after the law enforcement agency has complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
(c) No stolen weapon shall be destroyed pursuant to subdivision (a) unless reasonable notice is given to its lawful owner, if the lawful owner’s identity and address can be reasonably ascertained.
(d) If the weapon was evidence in a criminal case, the weapon shall be retained as required by Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.

SEC. 3.

 Article 6 (commencing with Section 26110) is added to Chapter 3 of Division 5 of Title 4 of Part 6 of the Penal Code, to read:
Article  6. Carrying a Loaded Firearm as a Nuisance

26110.
 (a) The unlawful carrying of any firearm in violation of Section 25850 is a nuisance and is subject to Sections 18000 and 18005.
(b) This section does not apply to any of the following:
(1) Any firearm in the possession of the Department of Fish and Wildlife.
(2) Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto.
(3) Any firearm that is forfeited pursuant to Section 5008.6 of the Public Resources Code.

SEC. 4.

 Article 3 (commencing with Section 26395) is added to Chapter 6 of Division 5 of Title 4 of Part 6 of the Penal Code, to read:
Article  3. Openly Carrying an Unloaded Handgun as a Nuisance

26395.
 (a) The unlawful carrying of any handgun in violation of Section 26350 is a nuisance and is subject to Sections 18000 and 18005.
(b) This section does not apply to any of the following:
(1) Any firearm in the possession of the Department of Fish and Wildlife.
(2) Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto.
(3) Any firearm that is forfeited pursuant to Section 5008.6 of the Public Resources Code.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.