Theft: receiving stolen property: firearms.
Currently, under California law, theft of a firearm is considered grand theft, punishable as a felony. However, the existing parameters established by Proposition 47 classify the receipt of stolen property valued below $950 as a misdemeanor, which has been a point of contention. By changing the legal framework surrounding firearms specifically, AB 3268 underscores the state's commitment to stricter gun control and enhancing public safety measures. If enacted, this change could contribute to a more robust mechanism to deter firearms trafficking and increase accountability among those dealing in stolen goods.
Assembly Bill 3268, introduced by Assembly Member Rodriguez, seeks to amend Section 496 of the Penal Code in relation to the theft and receiving of stolen property, specifically focusing on firearms. The bill proposes that knowingly buying or receiving a stolen firearm, regardless of its value, should be subject to criminal penalties of either a misdemeanor or a felony. This amendment aims to close loopholes that currently allow individuals to avoid felony charges for receiving stolen firearms that are valued under $950, which is critical for addressing concerns over gun violence and illegal arms trade.
The bill's introduction arises in the context of the ongoing discourse around the effectiveness of Proposition 47 and its unintended consequences on crime rates related to firearms and stolen property. Proponents argue that creating a blanket felony charge for knowingly receiving stolen firearms will significantly mitigate the risk of firearms ending up in the hands of criminals. Conversely, opponents may raise concerns that imposing harsher penalties could disproportionately affect lower-income individuals and exacerbate existing social inequalities. The distinction between the value-based penalties for general property thefts versus firearms is a pivotal aspect of this discussion.