New Firearms Legislation in California

San Jose New Firearms Legislation Lawyer And Santa Clara Arms Attorney

Illegal possession or ownership of a firearm is a serious crime in California and is punishable by fines and imprisonment. Two bills, recently proposed in the state legislature, would further broaden the scope of who is prohibited from owning or possessing firearms in the state.

Prohibited Persons

In California, those who have been convicted of any of a list of specific misdemeanors are barred from owning or possessing a firearm within 10 years of their conviction. Misdemeanors covered by this law include, but are not limited to:

• Threatening a public official;
• Knowingly and maliciously preventing a witness or victim from giving testimony at any trial or proceeding authorized by law;
• Threatening or using force against a witness or victim of a crime because that person provided assistance or information to law enforcement or to a public prosecutor in a criminal proceeding;
• Taking or attempting to take a firearm from a public officer; and
• Bringing a weapon into a state or local public building.

Violating this prohibition is a crime, punishable by a jail sentence of up to one year in a county jail or state prison and the payment of a $1,000 fine.

If passed, Senate Bill 347 would add the following crimes to the list of misdemeanors subject to the prohibition against firearm ownership:

• The petty theft of a firearm;
• Carrying ammunition onto school grounds; and
• Receiving stolen property consisting of a firearm.

Gun-Free School Zones

Existing California law prohibits a person from possessing a firearm in a school zone unless school district officials have given written permission. Exempt individuals include holders of valid licenses to carry a concealed firearm and retired peace officers who are authorized to carry a firearm.

Approved by the Governor on October 10, Senate Bill 707 amends the law regarding exceptions to the prohibition against carrying a weapon on a school campus. Those who hold a valid license to carry a concealed firearm are still permitted to carry a firearm in an area that is within 1,000 feet of school grounds. However, they are no longer permitted to bring the weapon on the actual campus. Certain appointed peace officers who have been authorized by their agency will remain exempt from the new amendments

.

Those who have been convicted of possessing a weapon on or near school grounds are prohibited for owning a firearm for ten years after their conviction. Violating this law can lead to imprisonment for between two and seven years.

Firearms-related charges can have serious consequences. If you have been charged with illegal possession of a firearm, please contact skilled San Jose criminal defense attorney Wesley Schroeder today for a free consultation.

Sources:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=142-181

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB347

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB707