Firearms: prohibited persons.
SB 1220
California Bills
20250SB__122099INT INTRODUCED 2026-02-19 2025 SB INT Introduced by Senator Hurtado LEAD_AUTHOR SENATE Hurtado
An act to amend
Section of the Penal Code, relating to firearms. firearms Firearms: prohibited persons. Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition punishable as a misdemeanor or a felony.
Under existing law, a person who alters, removes, or obliterates, or who buys, receives, disposes of, sells, offers for sale, or has in possession any pistol, revolver, or other firearm that has had the name of the maker or model or the manufacturer’s number or other mark of identification changed, altered, removed, or obliterated is guilty of a misdemeanor. This bill would prohibit a person, who is convicted on or after January 1, 2027, of the above prohibition, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within years of the conviction.
By expanding the scope of an existing crime, the bill would create 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section of the Penal Code is amended to read: 29805. (a)
(1) Except as provided in
Section 29855, subdivision (
a) of
Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of
Section 71, 76, 136.1, 136.5, or 140, subdivision (
d) of
Section 148, subdivision (
f) of
Section 148.5,
Section 171b, paragraph (1) of subdivision (
a) of
Section 171c,
Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (
b) or (
d) of
Section 26100, or
Section 27510, or
Section 8100, 8101, or of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code,
Section if the property taken was a firearm, or of the conduct punished in subdivision (
c) of
Section 27590, and who, within years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (
b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of
Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (
c) Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of
Section 25100, 25135, or 25200, and who, within years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (
d) Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of
Section 273a, subdivision (
b) or (
c) of
Section 368, or subdivision (
e) or (
f) of
Section 29180, and who, within years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (
e) Except as provided in
Section or subdivision (
a) of
Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, and who, within years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (
f) Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (
c) of
Section 25400, paragraph (5), (6), or (7) of subdivision (
c) of
Section 25850, subdivision (
a) of
Section 26350, or subdivision (
a) of
Section 26400, and who, within years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (
g) Any person who is convicted on or after January 1, 2025, of a misdemeanor violation of subdivision (
a) of
Section 597, and who, within years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (
h) Any person, who is convicted on or after January 1, 2026, of a misdemeanor violation of
Section 24610, 27530, 29185, 29186, 30605, 30610, 32900, 33215, or 33600, and who, within years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (
i) Any person, who is convicted on or after January 1, 2027, of a violation of subdivision (
a) of
Section and who, within years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (i)</xhtml:p>"?> (
j) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this
section may be reduced, eliminated, or conditioned as provided in
Section or 29860.
SEC. 2. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of