Set to Take Effect January 1, 2019 – New Gun Control Laws Passed in California: AB-3129 & SB-1100

On September 29, 2018, Governor Jerry Brown approved Assembly Bill No. 3129 and Senate Bill No. 1100 which make noteworthy amendments to California’s gun control laws. This new legislation is set to take effect on January 1, 2019.

AB-3129:

As the law currently stands, a person who has been convicted of a felony is prohibited from possessing a firearm and can face additional felony charges for violating the prohibition. Also, currently, a person convicted of specified misdemeanors is prohibited from possessing a firearm for ten (10) years and can face additional punishment if in violation.

AB-3129 will now prohibit a person convicted on or after January 1, 2019 of a misdemeanor violation of Penal Code section 273.5 (“Willful Infliction of Corporal Injury Upon a Spouse, Cohabitant, or Other Specified Persons”) from ever possessing a firearm. If this prohibition is violated, the person can be charged with a violation as either a misdemeanor or felony.

SB-1100:

Existing law currently prohibits the sale or transfer of a handgun to any person under 21 years of age. As the law currently stands, the sale or transfer of a firearm, other than a handgun, to a person under 18 years of age is prohibited.

Effective January 1, 2019, the sale or transfer of a firearm to a person under 21 is prohibited, unless specifically exempted from the restriction. Exemptions include those working as an active peace officer, federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of employment.

It appears that this new legislation is in response to the rise in mass shootings, especially those in schools.

DISCLAIMER:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

Categories: