BILL NUMBER: SB 347 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2015
INTRODUCED BY Senator Jackson
FEBRUARY 24, 2015
An act to amend 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, transferring a firearm 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.
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 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, 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. 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.