why did California reduce gun crime to misdemeanor

[2aguy]

Hmmm..the only way to actually stop violent gun crimes is to arrest felons who have guns...why did California reduce a felon caught with a stolen gun from a felony....to a misdemeanor? For a state of gun grabbers that is kind of suspicious....

California Decriminalizes Possession of a Stolen Firearm - The Truth About Guns

thefederalist.com reports that California’s just-passed Proposition 47 requires that police who catch perps with a stolen firearm (value under $950, not an NFA item) must charge them with a misdemeanor. Not a felony. Provided no other crimes have been committed, the cops can’t arrest the ballistic miscreants.

They can only issue them a ticket and a summons to appear in court. And bad guys who’ve been convicted of what used to be a felony can petition the court to have their charge reduced and ta-da! their gun rights restored.

 

[Katzndogz]

Too many mexicans and blacks going to prison.

 

[M14 Shooter]

And yet, CA has the strictest gun laws in the nation - why have them if you won't enforce them?

 

[2aguy]

why have them if you won't enforce them?

Why would they want to encourage gun possession by violent felons....? that is what this law does, doesn't it?

 

[Nyvin]

Possession of an unregistered handgun is still a felony, if it's stolen it obviously won't be registered to the thief.

At least I think it's still a felony...it's kinda hard to tell at this point.

It seems like only the act of stealing the gun itself has been reclassed as a misdemeanor. As far as I can put together I don't see how someone who stole a gun won't get hit with a felony still.

Although I admit I don't have a full understanding of the California measure.

 

[Roadrunner]

Possession of an unregistered handgun is still a felony, if it's stolen it obviously won't be registered to the thief.

At least I think it's still a felony...it's kinda hard to tell at this point.

It seems like only the act of stealing the gun itself has been reclassed as a misdemeanor. As far as I can put together I don't see how someone who stole a gun won't get hit with a felony still.

Although I admit I don't have a full understanding of the California measure.

It is easy to understand Cal gun laws, they coddle criminals and punish the law abiding.

 

[TrueMan]

American gun problem is out of control. Our country is really xceptional when it comes to the number of guns, the frequency of gun murders, and the shockingly high number of annual gun deaths.

 

[2aguy]

Our country is really xceptional when it comes to the number of guns, the frequency of gun murders, and the shockingly high number of annual gun deaths.

But you don't mention that guns in this country save lives and stop violent crime on average 1.4 million times a year....far more than gun murders, or accidents combined...and 80% of gun murders are comitted by drug gangs in democrat controlled cities....control the gangs and you get a gun murder rate in line with Europe....

 

[M14 Shooter]

American gun problem is out of control. Our country is really xceptional when it comes to the number of guns, the frequency of gun murders, and the shockingly high number of annual gun deaths.

~300,000,000 guns.
8855 gun murders (2012)
>99.997% of guns are not involved in a murder.

 

[DigitalDrifter]

Don't tell JoeB about this, he'll have a total meltdown.

 

[Iceweasel]

I don't know about the firearms, that sounds different from what I saw.
This is what happens when you make law by ballot initiatives by masses that can't be bothered with more than the title.


New law: 459.5 PC the new misdemeanor crime of shoplifting, "Entering any commercial structure with the intent to steal where the value is below $950".

473(b) P.C. Forgery where value is below $950, misdemeanor.

476(a) P.C. NSF where value is below $950, misdemeanor. Unless 3 or more specified crimes.

490.2 P.C. Grand theft of any kind (ie. purse snatching, GTA, theft of firearm), misdemeanor unless the value (which must be factually established at pleading) exceeds $950.

496(a) P.C. Receiving stolen property, misdemeanor unless the value (which must be factually established at pleading) exceeds $950.

666 P.C. Petty theft with a prior (wobbler) only applies to prop 47 ineligible defendants (ie child molesters, rapers, elder abusers, and killers).

11350 H&S Possession of controlled substance (cocaine, heroin, etc) misdemeanor

11377 H&S Possession of controlled substance (meth, PCP, ex, etc) misdemeanor

11357(a) H&S Possession of concentrated cannabis (Hash) misdemeanor.

Proposition 47 also enacted a new Penal Code section 1170.18, which sets forth procedures for those previously convicted and sentenced for one of the above offenses to petition for resentencing under the misdemeanor provisions. Unless a court determines that the person poses an “unreasonable risk” of committing one of the crimes listed in Penal Code section 667(e)(2)(c)(iv), the petitioner will get resentenced and his/her conviction will be deemed a misdemeanor for all purposes, except possessing firearms. The provisions of “Marsy’s Law” will apply to the resentencing.

Previous felonies which carried 3-year statutes of limitation and resulted in arrests, bookings, higher bail, in-custody filing deadlines, DA prosecution, preliminary hearings and felony sentences are now misdemeanor classifications and will generally mean 1-year statutes of limitation, citation and release per Penal Code section 853.6, city attorney prosecution in some jurisdictions, shorter trial deadlines, and lighter maximum sentences.

 

[boedicca]

And yet, CA has the strictest gun laws in the nation - why have them if you won't enforce them?

Because gun control is about keeping peaceful people who believe in the Rule of Law from having the means to defend themselves from Big Government. The BG types are perfectly happy to see legal gun owners disarmed by any means.

 

[ShackledNation]

California did not reduce "gun crime" to a misdemeanor. If you go around shooting people you are committing a felony. Second, people are acting like gun theft has been reduced to an infraction. A misdemeanor is punishable by not only a fine but up to 12 months in prison.

Even Newt Gingrich supported this law.

Newt Gingrich (R), Speaker of the U.S. House from 1995 to 1999, and B. Wayne Hughes Jr., a businessman and early supporter of Proposition 47, said similar policies have been implemented in "red states," like Texas and South Carolina, and have "shown how reducing prison populations can also reduce cost and crime." The two called on voters to support the proposition, saying, "It's not often the voters can change the course of a criminal justice system. Californians should take advantage of the opportunity and vote yes on Proposition 47."

Ironically, Diane Feinstein vehemently opposed it. So I find it odd that people are calling this some liberal agenda.

Furthermore, someone who steals a firearm will most certainly be committing felonies. Who steals a firearm and does nothing with it? I don't know of a single case where someone was convicted solely on theft of a firearm.

 

[Roadrunner]

American gun problem is out of control. Our country is really xceptional when it comes to the number of guns, the frequency of gun murders, and the shockingly high number of annual gun deaths.

Remove blacks from the equation check back and tell us where the problem is.

 

[M14 Shooter]

American gun problem is out of control. Our country is really xceptional when it comes to the number of guns, the frequency of gun murders, and the shockingly high number of annual gun deaths.

Remove blacks from the equation check back and tell us where the problem is.

37.9% of all murders where the race of the offender is known are black.
FBI mdash Expanded Homicide Data Table 3
Blacks make up 12.6% of the population
Demographics of the United States - Wikipedia the free encyclopedia
And thus, Blacks are over--represented as murder offenders by a factor of ~3.