In November, 2014, California voters approved Proposition 47 (“Prop 47“), referred to as the “Safe Neighborhood and Schools Act.” With the passage of Prop 47, existing sentences laws were changed and reclassified for a wide range of felony and misdemeanor crimes.
Under Prop 47, stealing a firearm costing $950 or less has been changed from a felony to a misdemeanor. In certain instances, this means shorter prison sentences. The previous sentence for stealing such a firearm was three years or less in prison, but now it has been reduced to a maximum of only 12 months.
This reduction in sentence only applies to persons who have not been previously convicted of a felony or been found guilty of certain types of misdemeanors. Under Prop 47, a felony conviction for gun-related crimes using a stolen firearm is still a felony. Persons convicted of felony crimes in California are prohibited from having in their possession a firearm in any manner.
While persons previously convicted of a felony can petition for a reduction in their charge and sentence to get their gun rights restored, an exception under Prop 47 relates to “felon in possession of a firearm” charges. Under this, Prop 47 does not restore the individual’s right to possess, use, or own a firearm. Also, certain misdemeanor crimes under Prop 47 makes it a crime for the person to possess a firearm.
Under Prop 47, anybody possessing a stolen firearm worth $950 or less who has been apprehended by police must be charged with a misdemeanor. If no others crimes were committed, no arrest can be made. All the police can do is issue a ticket and summons to appear in court.
For advice on reduction in sentences and charges under Prop 47 you need the expert advice of a criminal defense attorney such as Sevens Legal, APC. Contact Sevens Legal, APC, today for a free consultation.