Bill Text: CA AB2666 | 2015-2016 | Regular Session | Amended
Bill Title: Firearms: felons in possession.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-05-27 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2666 Detail]
Download: California-2015-AB2666-Amended.html
BILL NUMBER: AB 2666 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Baker
(Coauthor: Assembly Member Lackey)
(Coauthors: Senators Glazer and Wolk)
FEBRUARY 19, 2016
An act to amend Section 29800 of the Penal Code, relating to
firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2666, as amended, Baker. Firearms: felons in possession.
Existing law provides that any person convicted of a felony under
the laws of the United States, the State of California, or any other
state or country, and who owns, purchases, receives, or has in
possession or under custody or control any firearm is guilty of a
felony. Existing law prescribes the punishment for that felony as
imprisonment for a term of 16 months, or 2 or 3 years.
years in the state prison.
This bill would provide that the punishment for subsequent
convictions of that felony would be imprisonment for a term of 4, 5,
or 6 years. years in the state prison.
By increasing the penalties for an existing
creating a new crime, this bill would impose a state-mandated
local program. The bill would also make additional technical,
nonsubstantive changes.
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 and who owns, purchases, receives, or
has in possession or under custody or control any firearm is guilty
of a felony punishable pursuant to subdivision (h) of
Section 1170. felony. A subsequent conviction
for this offense is a felony punishable by imprisonment for four,
five, or six years pursuant to subdivision (h) of Section
1170. years.
(2) A person who has been convicted of a misdemeanor violation of
paragraph (2) or (3) of subdivision (a) of Section 245, a
misdemeanor violation of Section 246, or a misdemeanor violation of
subdivision (c) of Section 417 and who owns, purchases, receives, or
has in possession or under custody or control any firearm is guilty
of a felony punishable pursuant to subdivision (h) of
Section 1170. felony.
(3) A person who is addicted to the use of any narcotic drug and
who owns, purchases, receives, or has in possession or under custody
or control any firearm is guilty of a felony punishable
pursuant to subdivision (h) of Section 1170. felony.
(4) 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
any firearm is guilty of a felony punishable pursuant to
subdivision (h) of Section 1170. 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 any firearm is guilty of a
felony punishable pursuant to subdivision (h) of Section 1170.
felony.
(c) 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.
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.
