Bill Text: CA AB1415 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Firearms: felons in possession of firearms.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1415 Detail]

Download: California-2015-AB1415-Amended.html

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BILL NUMBER: AB 1415	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2015

INTRODUCED BY   Assembly Member Steinorth
   (Principal coauthor: Assembly Member Linder)

                        FEBRUARY 27, 2015

   An act to amend Section  29800   29805 
of the Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1415, as amended, Steinorth. Firearms: felons in possession of
firearms.
   Existing law makes it a felony for any person who has been
convicted of a felony to own, purchase, receive, or have in his or
her possession or under custody or control any firearm. 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, reduced certain felonies to misdemeanors. Proposition 47
allows a person who is currently serving a sentence for a conviction
of a felony who would have been guilty of a misdemeanor under the
proposition to petition for a recall of sentence and permits the
court to recall the felony sentence and resentence the petitioner to
a misdemeanor, as specified. Proposition 47 also allows a court to
designate a felony conviction of a person who has completed his or
her sentence as a misdemeanor upon application.
   This bill would make it a  felony   public
offense  for a person who has had his or her felony conviction
recalled and has been resentenced to a misdemeanor, or who has had a
felony designated as a misdemeanor, pursuant to the above provisions,
 to   to, within 10 years of the recall and
resentencing or designation,  own, purchase, receive, or have in
possession or under custody or control any firearm.  The bill
would make a violation of this provision punishable by im  
prisonment 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. 
   By creating a new crime, 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 29800 of the Penal Code is
amended to read:
   29800.  (a) (1) A person who has been convicted of a felony under
the laws of the United States, the State of California, or any other
state, government, or country, or of an offense enumerated in
subdivision (a), (b), or (d) of Section 23515, or who is addicted to
the use of any narcotic drug, and who owns, purchases, receives, or
has in possession or under custody or control a firearm is guilty of
a felony.
   (2) A person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in possession or under custody or control
a firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), a person who has been
convicted of a felony or of an offense enumerated in Section 23515,
when that conviction results from certification by the juvenile court
for prosecution as an adult in an adult court under Section 707 of
the Welfare and Institutions Code, and who owns or has in possession
or under custody or control a firearm is guilty of a felony.
   (c) A person who was either previously convicted of a felony and
had his or her sentence recalled and was resentenced to a misdemeanor
pursuant to Section 1170.18, or who had his or her felony conviction
designated as a misdemeanor pursuant to Section 1170.18 after
completing his or her sentence, and who owns, purchases, receives, or
has in possession or under custody or control a firearm is guilty of
a felony.
   (d) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments. 
   SECTION 1.    Section 29805 of the   Penal
Code   is amended to read: 
   29805.   (a)    Except as provided in Section
29855 or subdivision (a) of Section 29800, any person who has been
convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5,
or 140, subdivision (d) of Section 148, Section 171b, paragraph (1)
of subdivision (a) of Section 171c, 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, 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, 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. 
   (b) A person who was either previously convicted of a felony and
had his or her sentence recalled and was resentenced to a misdemeanor
pursuant to Section 1170.18, or who had his or her felony conviction
designated as a misdemeanor pursuant to Section 1170.18 after
completing his or her sentence, and who, within 10 years of the
recall and resentencing or designation, owns, purchases, receives, or
has in possession or under custody or control a 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 $1,000, or by both that imprisonment and fine. 
  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.