Gun law renumbering Jan 1

[p7m8jg]

If this has been discussed before, I apologize but I don't recall seeing it mentioned and I typically check "new posts" every day.

As of January 1st, our dysfunctional legislature used their collective wisdom to renumber the sections within the dangerous weapons control law - typically Penal Code sections 12000 and up.

Why? Nobody knows. They thought it was necessary. Maybe so they have something to tout to their voters when they try to get re-elected. I can tell you that the California Districit Attorneys' Association has been fighting against this idea for several years. But then, why would the politicians care what CDAA thinks?

So for those of you who were familiar with things like 12025 PC - carrying a concealed weapon and 12031 PC - carrying a loaded weapon and 12020 PC - felony possession of a dirk or dagger, those will all be renumbered to 25400(a)(1), 25850(a) and 21310 respectively. And there are many, many more sections involved.

The bigger question (for me) is whether they "snuck" in any substantive changes to the laws. We're just starting to go through the language itself, now that the new 2012 Penal Codes have arrived, but its slow going. I guess I just don't trust our legislature. Call me cynical.

Anyone know offhand if this is "just" a renumbering? Or are they being sneaky, sneaky with the language, too?

[jgraham7897]

Anyone know offhand if this is "just" a renumbering? Or are they being sneaky, sneaky with the language, too?

They are politicians so my gut says expect some sneaky sneaky.

[p7m8jg]

Yeah, that's my fear. Still reading.

[ja308]

Is this a partisan effort?
Or this is dominate democratic party doing it alone?

Thank You for your hard work and for keeping us informed

[STR8HEATED]

They are politicians so my gut says expect some sneaky sneaky.

thats a funny clip, the look on the golfers face...priceless

[Tripper]

I think librarian posted a conversion chart 6 months or so ago
Do a search for one if those code sections here on the site and you should find it

[meaty-btz]

There were some changes made to the section. Mostly it looks like cleanup. I don't think anyone has had the time to trawl through the document in it's entirety to find the fall-out of the "cleanup".

[VaderSpade]

I remember reading that they were “clarifying” certain laws as they re-numbered them. The one I was reading about made standard capacity mags a nuisance which can lead to confiscation and destruction of the mag and gun without due process.
This may have been more opinion than fact but in either case it’s spooky.

[Jim_KT]

Weren't there changes with regard to magazines and nuisance?

[jonc]

mmmmmmmmmmmmmmmm

[p7m8jg]

I'll have to look on the magazine/nuisance issue. In almost 20 years as a prosecutor (in 3 different counties at different times) I can tell you I've never EVER charged anyone with a high-cap magazine violation of some type.

Maybe that's just because the real bad guys had guns involved typically, so the magazine was a non-issue when you've got a felony gun violation charged.

[Pinto]

from this thread (old PC# at beginning - new PC# at the end)

This training is because of the renumbering activity AND the jail realignment (AB109). Due to the realignment there are several new classes of penalties:

16/2/3



For example (sorry for formatting):
OLD Section Penalty New Sect.
653(k)Possess in vehicle/carry/transfer switchblade knife M 21510
12020(a)(1)Commerce/transfer/possess metal knuckles SPW 21810
12020(a)(1)Commerce/transfer/possess billy club SPW 22210
12020(a)(1)Commerce/transfer/possess sawed-off shotgun or rifle SPW 33215
12020(a)(4)Carry dirk or dagger concealed on the person SPW 21310
12020.1Commerce/transfer/possess composite/wooden knuckles M 21710
12021(a)(1)Own/possess/control firearm by felon or addict SPF 29800(a)(1)
12021(c)(1)Own/possess/control firearm <10 years after listed misds. SPW 29805
12021(d)(1)Own/possess/control firearm in violation of probation SPW 29815
12021(e)After listed juvenile offenses, no firearms before age 30 SPW 29820(b)
12021(g)(1)Buy/receive a firearm, or try to, against court order SPW 29825(a)
12021(g)(2)Own/possess a firearm against court order M 29825(b)
12021.1(a)Own/possess/control firearm with violent-offense prior SPF 29900(a)(1)
12023(a)Armed with intent to commit a felony SPW 25800(a)
12025(a)Carrying a concealed firearm M or CJW, DOC 25400(a)
12031(a)(1)Carrying a loaded firearm M or CJW, DOC 25850(a)
None (New) Openly carrying an unloaded handgun in public M 26350(a)(1)
None (New) Openly carrying an unloaded handgun in a vehicle M 26350(a)(2)
None (New) Driver/owner allowing passenger to violate 26350(a)(2) M 17512
12034(a) Driver/owner allowing passenger to violate 25850(a) M 26100(a)
12034(b) Driver/owner allowing discharge from vehicle SPW 26100(b)
12034(c) Driver/passenger firing at non-occupant of the vehicle SPF 26100(c)
12034(d) Willful/malicious discharge from vehicle SPW 26100(d)
12035(b)(1) Criminal storage, where child causes death/GBI CJW 25110(a)
12035(b)(2) Criminal storage, where child causes non-GBI injury M 25110(b)
12036(b), (c) Criminal storage, where gun is taken (a) away or (b) to school M 25200(a), (b)
12094(a) Transfer/possess firearm w/ serial numbers altered or removed M 23920
12101(a)(1) Minor in possession of concealable firearm M or CJW, DOC 29610
12280(b) Possession of assault weapon CJW 30605

[p7m8jg]

(former PC 12020(b)(22) )
Still allows you to loan a high-cap mag to someone not otherwise prohibited from possessing one as long as you're standing there with them. The notes indicate it was simply renumbered and no substantive changes were made.

[p7m8jg]

Thanks Pinto.

[nick]

There's a large thread on the high capacity mags and nuissance. Check it out, you'll "enjoy" it.