AB 1176, as amended, Cooper. Theft: firearms.
(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions.
The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors.
This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years.
(2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender.
This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony.
(3) 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.
This bill would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm within 10 years of the conviction, the petty theft of a firearm and the buying, receiving, concealing, selling, withholding, or aiding in concealing, selling, or withholding, of stolen property consisting of a firearm, 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.
(4) This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute, as described in (1) and (2) above, to the electors for their approval at the November 8, 2016, consolidated election.
This bill would declare that it is to take effect immediately as an act calling an election.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
(a) In submitting this act to the electors, the
2Legislature finds and declares all of the following:
3(1) The theft of firearms and receipt of stolen firearms pose
4dangers to public safety that are different in kind from other types
5of theft or the receipt of other types of stolen property.
6(2) Many handguns have a value of less than nine hundred fifty
7dollars ($950). The threat to public safety in regard to stolen
8firearms goes above and beyond the monetary value of the firearm.
9(3) Given the significant and
particular threat to public safety
10in regard to stolen firearms, it is appropriate to restore the penalties
11that existed prior to the passage of the Safe Neighborhoods and
12Schools Act in regard to stolen firearms.
13(b) It is not the intent of the Legislature in submitting this act
14to the electors to undermine the voter’s decision to decrease
15penalties for low-level theft and receiving stolen property, only to
16give the voters the opportunity to decide whether firearm thefts
17and the receipt of stolen firearms should be subject tobegin insert theend insert penalties
18that existed prior to the passage of the Safe Neighborhoods and
19Schools Act.
Section 490.2 of the Penal Code is amended to read:
(a) Notwithstanding Section 487 or any other law
22defining grand theft, except as provided in subdivision (c),
23obtaining property by theft where the value of the money, labor,
24real property, or personal property taken does not exceed nine
25hundred fifty dollars ($950) is petty theft and shall be punished as
26a misdemeanor, except that the person may instead be punished
27pursuant to subdivision (h) of Section 1170 if that person has one
28or more prior convictions for an offense specified in clause (iv) of
29subparagraph (C) of paragraph (2) of subdivision (e) of Section
30667 or for an offense requiring registration pursuant to subdivision
31(c) of Section 290.
32(b) This section does not apply
to a theft that may be charged
33as an infraction pursuant to any other law.
P4 1(c) If the property taken is a firearm, the theft is grand theft in
2all cases, as specified in paragraph (2) of subdivision (d) of Section
3487, and is punishable pursuant to subdivision (a) of Section 489.
Section 496 of the Penal Code is amended to read:
(a) (1) Every person who buys or receives any property
6that has been stolen or that has been obtained in any manner
7constituting theft or extortion, knowing the property to be so stolen
8or obtained, or who conceals, sells, withholds, or aids in
9concealing, selling, or withholding any property from the owner,
10knowing the property to be so stolen or obtained, shall be punished
11by imprisonment in a county jail for not more than one year, or
12imprisonment pursuant to subdivision (h) of Section 1170.
13However, except as provided in subdivision (e), if the value of the
14property does not exceed nine hundred fifty dollars ($950), the
15offense is a misdemeanor, punishable only by imprisonment in a
16county jail not exceeding one year, if the
person has no prior
17convictions for an offense specified in clause (iv) of subparagraph
18(C) of paragraph (2) of subdivision (e) of Section 667 or for an
19offense requiring registration pursuant to subdivision (c) of Section
20290.
21(2) A principal in the actual theft of the property may be
22convicted pursuant to this section. However, a person may not be
23convicted both pursuant to this section and of the theft of the same
24property.
25(b) (1) Every swap meet vendor, as defined in Section 21661
26of the Business and Professions Code, and every person whose
27principal business is dealing in, or collecting, merchandise or
28personal property, and every agent, employee, or representative
29of that person, who buys or receives property of a value in excess
30of
nine hundred fifty dollars ($950) that has been stolen or obtained
31in any manner constituting theft or extortion, under circumstances
32that should cause the person, agent, employee, or representative
33to make reasonable inquiry to ascertain that the person from whom
34the property was bought or received had the legal right to sell or
35deliver it, without making a reasonable inquiry, shall be punished
36by imprisonment in a county jail for not more than one year, or
37imprisonment pursuant to subdivision (h) of Section 1170.
38(2) Every swap meet vendor, as defined in Section 21661 of the
39Business and Professions Code, and every person whose principal
40business is dealing in, or collecting, merchandise or personal
P5 1property, and every agent, employee, or representative of that
2person, who buys or receives property of a value of nine hundred
3
fifty dollars ($950) or less that has been stolen or obtained in any
4manner constituting theft or extortion, under circumstances that
5should cause the person, agent, employee, or representative to
6make reasonable inquiry to ascertain that the person from whom
7the property was bought or received had the legal right to sell or
8deliver it, without making a reasonable inquiry, shall be guilty of
9a misdemeanor.
10(c) A person who has been injured by a violation of subdivision
11(a) or (b) may bring an action for three times the amount of actual
12damages, if any, sustained by the plaintiff, costs of suit, and
13reasonable attorney’s fees.
14(d) Notwithstanding Section 664, an attempt to commit any act
15prohibited by this section, except an offense specified in the
16accusatory pleading as a misdemeanor,
is punishable by
17imprisonment in a county jail for not more than one year, or by
18imprisonment pursuant to subdivision (h) of Section 1170.
19(e) Notwithstanding subdivision (a), a person who buys or
20receives a firearm that has been stolen or that has been obtained
21in any manner constituting theft or extortion, knowing the property
22to be so stolen or obtained, or who conceals, sells, withholds, or
23aids in concealing, selling, or withholding a firearm from the
24owner, knowing the property to be so stolen or obtained, shall be
25punished by imprisonment in a county jail for not more than one
26year, or imprisonment pursuant to subdivision (h) of Section 1170.
Section 29805 of the Penal Code is amended to read:
Except as provided in Section 29855 or subdivision (a)
29of Section 29800, any person who has been convicted of a
30misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
31subdivision (d) of Section 148, Section 171b, paragraph (1) of
32subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243,
33243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6,
34422, 490.2 if the property taken was a firearm, 496 if the property
35consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of
36former Section 12100, as that section read at any time from when
37it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988
38to when it was repealed by Section 18 of Chapter 23 of the Statutes
39of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625,
40subdivision
(b) or (d) of Section 26100, or Section 27510, or
P6 1Section 8100, 8101, or 8103 of the Welfare and Institutions Code,
2any firearm-related offense pursuant to Sections 871.5 and 1001.5
3of the Welfare and Institutions Code, or of the conduct punished
4in subdivision (c) of Section 27590, and who, within 10 years of
5the conviction, owns, purchases, receives, or has in possession or
6under custody or control, any firearm is guilty of a public offense,
7which shall be punishable by imprisonment in a county jail not
8exceeding one year or in the state prison, by a fine not exceeding
9one thousand dollars ($1,000), or by both that imprisonment and
10fine. The court, on forms prescribed by the Department of Justice,
11shall notify the department of persons subject to this section.
12However, the prohibition in this section may be reduced,
13eliminated, or conditioned as provided in Section 29855 or
29860.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
(a) Sections 2 and 3 of this act amend the Safe
24Neighborhoods and Schools Act, Proposition 47, an initiative
25statute, and shall become effective only when submitted to and
26approved by the voters at a statewide election.
27(b) A special election is hereby called, to be held throughout
28the state on November 8, 2016, for approval by the voters of
29Sections 2 and 3 of this act. The special election shall be
30consolidated with the statewide general election to be held on that
31date. The consolidated election shall be held and conducted in all
32respects as if there were only one election, and only one form of
33ballot shall be used.
34(c) Notwithstanding the requirements of Sections 9040, 9043,
359044, 9061, 9082, and 9094 of the Elections Code, or any other
36law, the Secretary of State shall submit Sections 2 and 3 of this
37act to the voters for their approval at the November 8, 2016,
38statewide general election.
This act calls an election within the meaning of Article
2IV of the Constitution and shall go into immediate effect.
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