Bill Text: CA AB785 | 2017-2018 | Regular Session | Chaptered
Bill Title: Firearms: possession of firearms by convicted persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-10-14 - Chaptered by Secretary of State - Chapter 784, Statutes of 2017. [AB785 Detail]
Download: California-2017-AB785-Chaptered.html
Assembly Bill No. 785 |
CHAPTER 784 |
An act to amend and repeal Section 29805 of the Penal Code, relating to firearms.
[
Approved by
Governor
October 14, 2017.
Filed with
Secretary of State
October 14, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 785, Jones-Sawyer.
Firearms: possession of firearms by convicted persons.
Existing law generally prohibits a person who has been convicted of certain 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, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law, as a result of Proposition 63, an initiative measure approved by the voters at the November 8, 2016, statewide general election, codifies these provisions in separate, nonconflicting, identically numbered sections.
This bill would reorganize these provisions by incorporating these nonconflicting provisions into the section as amended by Proposition 63 and would repeal the other section as obsolete. The bill would also repeal an obsolete reference to a repealed
misdemeanor.
Existing law makes it a misdemeanor to, by force or threat of force, interfere with another person’s free exercise of any constitutional right or privilege because of the other person’s actual or perceived race, religion, national origin, disability, gender, or sexual orientation. Existing law also makes it a misdemeanor to knowingly deface, damage, or destroy the property of another person, for the purpose of intimidating or interfering with the exercise of any of those constitutional rights because of those specified characteristics.
This bill would also add to the list of misdemeanors, the conviction for which is subject to the prohibition on possessing a firearm within 10 years of the conviction, the above-referenced interference with the exercise of civil rights, as specified. Because a violation of
this provision would be a 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 29805 of the Penal Code, as amended by Section 45 of Chapter 17 of the Statutes of 2017, 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, or has an outstanding warrant for, a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, 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, 422.6, 626.9, 646.9, 830.95, 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, Section 490.2 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, or if the individual has an outstanding warrant, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, 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.(b) 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.