Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control, any firearm. Under existing law, a violation of this prohibition is 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 makes it a misdemeanor or a felony for a person who is prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under their custody or control, any ammunition or reloaded ammunition.
This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses of violating the 10-year prohibition on possessing a firearm specified above.
The bill would apply that 10-year prohibition on possessing a firearm to a person who has been convicted of 2 or more specified misdemeanors, or 2 or more convictions of a single specified misdemeanor, in a 3-year period involving possession of certain controlled substances for sale or vehicular manslaughter while intoxicated, or a person who is convicted of 3 or more specified offenses in a 10-year period related to driving under the influence of alcohol, and would make a violation of the prohibition punishable as a misdemeanor. The bill would specify that these prohibitions are not retroactive to the extent that, although convictions that occurred prior to January 1, 2020, may be counted as priors, the third conviction that ultimately results in the firearms prohibition, must occur on or after January 1, 2020. The bill would impose a new 10-year prohibition to a person who commits another of those misdemeanors during the initial 10-year prohibition period, and would make a violation also punishable as a misdemeanor. The bill would also make it a misdemeanor for a person prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under their custody or control, any ammunition or reloaded ammunition. By changing the definition of a crime, and by creating new crimes, 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.

Statutes affected:
SB55: 29805 PEN, 30305 PEN
12/12/18 - Introduced: 29805 PEN, 30305 PEN
02/12/19 - Amended Senate: 29805 PEN, 30305 PEN
04/02/19 - Amended Senate: 29805 PEN, 30305 PEN
05/17/19 - Amended Senate: 29805 PEN, 30305 PEN