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AB-256 • 2026

Crimes: intoxication and firearms.

Crimes: intoxication and firearms.

Crime Education Firearms
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
DeMaio
Last action
2026-02-02
Official status
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Effective date
Not listed

Plain English Breakdown

The bill summary and digest do not specify which controlled substances are prohibited from possession, leaving some uncertainty about what drugs fall under this legislation.

Crimes: Intoxication and Firearms

AB-256 adds penalties for individuals who commit felonies while under the influence of controlled substances they are not allowed to possess and armed with a firearm.

What This Bill Does

  • Adds an additional year in county jail as punishment for someone who commits or attempts to commit a felony while using a controlled substance they are prohibited from possessing and carrying a loaded, operable firearm.
  • Allows police to obtain blood samples from suspects involved in firearm-related felonies if there is evidence that the suspect was under the influence of an illegal drug.

Who It Names or Affects

  • Individuals who commit or attempt to commit felonies while using controlled substances they are not allowed to possess and carrying a loaded, operable firearm.
  • Police officers can obtain blood samples from suspects involved in firearm-related felonies if there is evidence that the suspect was under the influence of an illegal drug.

Terms To Know

Felony
A serious crime that is usually punished by a year or more in prison.
Enhancement
An additional punishment added to the sentence for committing a crime under certain conditions.

Limits and Unknowns

  • The bill does not specify which controlled substances are prohibited from possession.
  • It is unclear how this law will be enforced and what specific procedures police must follow when obtaining blood samples.

Bill History

  1. 2026-02-02 California Legislative Information

    From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. 2026-01-31 California Legislative Information

    Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. 2026-01-13 California Legislative Information

    In committee: Set, first hearing. Failed passage.

  4. 2026-01-06 California Legislative Information

    Re-referred to Com. on PUB. S.

  5. 2026-01-05 California Legislative Information

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  6. 2026-01-05 California Legislative Information

    Referred to Com. on PUB. S.

  7. 2025-01-29 California Legislative Information

    Introduced measure version corrected.

  8. 2025-01-17 California Legislative Information

    From printer. May be heard in committee February 16.

  9. 2025-01-16 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 256, as amended, DeMaio.
Crimes involving firearms.
Crimes: intoxication and firearms.
Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony. Existing law makes it a crime for a person to be unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm, punishable by imprisonment in the county jail for up to one year or in the state prison for a first conviction, or in the state prison for 2, 3, or 4 years for a 2nd or subsequent conviction.
This bill would create an enhancement for any person who, while armed with a firearm in the commission or attempted commission of a
felony, is under the influence of a controlled substance they are prohibited from possessing, as specified. The bill would make this enhancement punishable by an additional year of imprisonment in the county jail. The bill would also authorize a search warrant to be issued when a sample of the blood of a person constitutes evidence that tends to show a violation of this enhancement, and the sample will be drawn from the person in a reasonable, medically approved manner. By creating a new enhancement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes that the state has a compelling interest in protecting its citizens from crimes involving firearms. Existing law generally regulates the manufacture, distribution, transportation, and importation of specified firearms.
This bill would state the intent of the Legislature to enact legislation relating to crimes involving firearms.

Current Bill Text

Read the full stored bill text 
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