California Criminal Defense Lawyer Blog
California already has some of the toughest gun laws in the country. Governor Newsom just made the laws even tougher when he signed new gun control bills into law that aim to address the rising gun violence in the state. Six new measures were enacted, and barring court challenges will become law beginning next year. (Some of the new laws will not take effect until future years.)
Senate Bill 2 amended the concealed carry law, adding restrictions and/or outright bans on where a person with a concealed carry permit may carry a gun. The law takes effect on January 1, 2024.
Senate Bill 452 will require a microstamp on specified handguns cartridges, which is intended to enhance law enforcement efforts in tracing guns used to commit crimes. This law will not take effect until January 1, 2028 and then only after the California Justice Department has investigated the technology and determined that this is feasible.
Assembly Bill 28 introduces an 11% excise tax on the sale of ammunition. The revenue collected from this tax will be earmarked for the Gun Violence Prevention and School Safety Fund, as established by this bill. The tax takes effect on July 1, 2024.
Assembly Bill 455 provides that the prosecution may request an order of the court prohibiting defendants who are granted pretrial diversion under Penal Code section 1001.36 from owning or possessing a firearm. Currently there is no such prohibition under the section. If the order is granted, the order will be in effect until the defendant successfully completes diversion or until their firearm rights are restored if the defendant is found to no longer be a danger to self or others (Welfare & Institutions Code section 8103). The law becomes effective on July 1, 2024
Assembly Bill 725 addresses ghost guns, a subject previously discussed on these pages. The new law will expand the definition of a firearm to include the frame or receiver. The upshot of this law is to define so called “precursor parts” used to make homemade or kit guns as firearms. The law will require the reporting to law enforcement of these precursor parts if lost or stolen. This law takes effect on January 1, 2024
Assembly Bill 732 would require a defendant convicted of a felony or certain misdemeanors to relinquish any firearms owned or in their possession, custody, or control within 48 hours if the defendant is out of custody. This law shortens the time under which an out-of-custody defendant convicted of a crime prohibiting the defendant from gun possession must turn in such weapons. The purpose of the law is to reduce violence by quickly removing firearms from convicted persons. The law goes into effect on January 1, 2024.
Governor Newsom, in signing these bills into law, cited the “wake of shooting across the country” that have left hundreds of victims dead. The intent and hope is that stricter gun control will have an impact on the violent crimes and murders occurring across the state and ultimately to save lives. The tragic deaths we see in the news—especially when children are murdered due to gun violence—is something we all want to end. How that is achieved though has no easy answers.
If you are being investigated for a crime, have been charged with a crime, or have already been convicted, Orange County criminal defense attorney William Weinberg offers a complimentary consultation to discuss your criminal matter. He may be contacted at his Irvine office by calling 949-474-8008 or by emailing him at bill@williamweinberg.com.