Thursday, January 9, 2014

New Laws For 2014

The beginning of a new year means new laws that will take effect in California. Some of the laws that are of particular interest to the criminal defense bar relate to changes in California's gun laws. For a complete list of new statutes for 2014, click HERE.

1. Penal Code section 32310 and 32311: In addition to the current restrictions on manufacturing, importing, selling, giving and lending large capacity magazines, the law now prohibits buying and receiving to the list of prohibited activities. Additionally, the law now prohibits a person from manufacturing, importing, selling, giving, lending, buying or receiving “large capacity magazine conversion kits.” A “large capacity magazine conversion kit” is a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine. Possession of large capacity magazines and large capacity magazine conversion kits are still not illegal. 

2. Penal Code section 25100: With certain exceptions, if you keep a loaded firearm in your residence, and a person prohibited from possessing firearms gains access to the firearm and that person hurts him or herself, someone else or carries the firearm into a public place, you can be prosecuted. In addition, you can commit “criminal storage in the third degree” if you keep a loaded firearm within any premises where you know or should know a child is likely to gain access to the firearm. 

3. Penal Code section 25135: If you live with someone and you know or have reason to know the other person is prohibited from possessing, receiving, owning or purchasing a firearm, you must keep the firearm locked up (with a gun safety device or in a locked container) or keep it on your person or in close proximity. 

4. Penal Code section 28220: If the California Department of Justice cannot determine whether a person is prohibited from owning or possessing firearms as a result of a criminal case, mental health commitment, or has attempted to purchase a handgun within the last thirty days, the DOJ can only delay the transaction for up to thirty days while it tries to figure out whether the person is prohibited from possessing or receiving firearms. After thirty days the licensed dealer may release the firearm but is not required to do so. 

5. Penal Code sections 28210 and 28215: A dealer is required to provide a copy of the Dealer’s Record of Sale (DROS) to the firearm purchaser. 

6. Penal Code sections 29810, 29825, 29830, 33870: When a person is prohibited from owning and possessing firearms by a court order with a specified date of termination, that person has the option to store their firearms with a licensed firearm dealer. 

7. Health and Safety Code sections 8100 and 8105: Those who communicate serious threats of physical violence against an identifiable victim to a psychotherapist are prohibited from owning and possessing firearms for five years. The psychotherapist is required to report the threat to law enforcement within 24 hours. A person prohibited this way may petition for the restoration of their firearm rights.

8. Welfare and Institutions Code section 8102: When firearms are seized at the scene of a mental health disturbance, a prohibited person can elect to have their firearms transferred or sold to a licensed firearm dealer.