Saturday, June 10, 2017

Fisking California Bill AB785 ... Possession of firearms by persons convicted of misdemeanors

I didn't understand the new California law, so I finally went directly to the bill to see what is really "NEW" about this.

Essentially, there is already a list of misdemeanors in California law which would make it illegal for a "convicted person" to possess a firearm for a period of 10 years.

This bill merely adds to that list (of penalized misdemeanors) the misdemeanor of  "hate crimes", which are predefined as follows:
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.  
In order to save you the effort of searching the web (as I have just done) to find the referenced laws, I'm included a copy under the break.

You can see the entire section of law here.


*(emphasis added)*
Bill Text - AB-785 Firearms: possession of firearms by convicted persons.:
Introduced by Assembly Member Jones-Sawyer February 15, 2017 An act to amend and repeal Section 29805 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST AB 785, as introduced, 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 The bill would also repeal an obsolete reference to a repealed misdemeanor.

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.

1 comment:

Anonymous said...

If you don't go there, their laws cannot affect you.