Amended  IN  Senate  February 08, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 81

Introduced by Senator Skinner

December 15, 2020

An act to amend Section 26805 of the Penal Code, relating to firearms. An act to amend Section 1385 of the Penal Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


SB 81, as amended, Skinner. Firearms: licensed firearms dealers. Sentencing: dismissal of enhancements.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, with exceptions, require a court to dismiss an enhancement in specified circumstances unless overcome by clear and convincing evidence that dismissal of the enhancement would endanger public safety.

Existing law generally requires a licensed firearms dealer to conduct business exclusively in buildings designated in the license. Existing law provides limited exceptions to this requirement for gun shows, auctions, and raffles, as provided.

This bill would make a technical, nonsubstantive change to those provisions.

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

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


SECTION 1.

 Section 1385 of the Penal Code is amended to read:

1385.
 (a) The judge or magistrate may, either of his or her own motion on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b) (1) If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c) (1) Except as specified in paragraphs (2) and (4), the court shall dismiss an enhancement upon finding any of the following circumstances to be true:
(A) Application of the enhancement would result in a disparate racial impact.
(B) Multiple enhancements are alleged in a single case or the total sentence is over 20 years.
(C) The current offense is connected to mental health issues.
(D) The current offense is connected to prior victimization or childhood trauma.
(E) The current offense is nonviolent.
(F) The defendant was a juvenile when they committed the current offense or prior offenses.
(G) The enhancement is based on a prior conviction that is over five years old.
(H) Though a firearm was used in the current offense, it was inoperable or unloaded.
(2) The court may decline to dismiss a charged sentencing enhancement pursuant to paragraph (1) upon a showing by clear and convincing evidence that dismissal of an enhancement would endanger public safety.
(3) The circumstances listed in paragraph (1) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(4) This subdivision does not apply to an enhancement if dismissal of that enhancement is prohibited by any initiative statute.

SECTION 1.Section 26805 of the Penal Code is amended to read:
26805.

(a)Except as provided in subdivisions (b) and (c), the business of a licensee shall be conducted only in the buildings designated in the license.

(b)(1)A person licensed pursuant to Sections 26700 and 26705 may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision is entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license pursuant to Sections 26700 and 26705, provided the person complies with all applicable laws, including, but not limited to, the waiting period specified in subdivision (a) of Section 26815, and all applicable local laws, regulations, and fees, if any.

(2)A person conducting business pursuant to this subdivision shall publicly display the person’s license issued pursuant to Sections 26700 and 26705, or a facsimile thereof, at any gun show or event, as specified in this subdivision.

(c)(1)A person licensed pursuant to Sections 26700 and 26705 may engage in the sale and transfer of firearms other than handguns, at events specified in Sections 27900 and 27905, subject to the prohibitions and restrictions contained in those sections.

(2)A person licensed pursuant to Sections 26700 and 26705 may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction, raffle, or similar event specified in Section 27900.

(d)The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:

(1)The building designated in the license.

(2)The places specified in subdivision (b) or (c).

(3)The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.