AB 785: 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 The bill would also repeal an obsolete reference to a repealed misdemeanor.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 persons free exercise of any constitutional right or privilege because of the other persons 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.