Prop 47 and Possession of a Stolen Firearm

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.

Shorter Sentences Under Prop 47

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.

Sentence Reduction Under Prop 47

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.

Arrests for Stolen Firearms Under Prop 47

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.