Firearm Prohibited Misdemeanors

Criminal Defense Lawyer in Sacramento

If you have been accused of a misdemeanor and want to purchase a firearm, contact our law office to speak with our attorney

The Coronavirus (COVID-19) pandemic has caused many people to fear for their personal safety amid the grocery supplies shortage.  They go to the gun shop, hoping to get something to defend their home, but some of them are prohibited from purchasing firearms.  If you are one of those people, then you are likely wondering why you can’t buy a gun.

Here’s why: 

Anyone who has been convicted of, or has an outstanding warrant for, a misdemeanor violation of the following offenses (listed below) are generally for ten years from the date of conviction prohibited from purchasing a firearm. The duration of each prohibition may vary.

The Good News

It is possible to become eligible to purchase a firearm again, but you will need the legal assistance of a California firearms attorney.  We recommend that you contact us for a FREE consultation, and we can then evaluate what the next steps are in order to make sure that your 2nd Amendment rights – and your personal safety and that of your home and family – are maintained.

All statutory references are to the California Penal Code, unless otherwise indicated.

• Threatening public officers, employees, and school officials (Pen. Code, § 71.)

• Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the threat (Pen. Code, § 76.)

• Intimidating witnesses or victims (Pen. Code, § 136.1.)

• Possessing a deadly weapon with the intent to intimidate a witness (Pen. Code, § 136.5.)

• Threatening witnesses, victims, or informants (Pen. Code, § 140.)

• Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen. Code, § 148(d).)

• A person who reports to a person that a firearm has been lost or stolen, knowing the report to be false (Pen. Code, § 148.5(f).)

• Unauthorized possession of a weapon in a courtroom, courthouse, or court building, or at a public meeting (Pen. Code, § 171b.)

• Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (Pen. Code, § 171c.)

• Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers (Pen. Code, 171d.) • Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen. Code, § 186.28.)

• Assault (Pen. Code, §§ 240, 241.)

• Battery (Pen. Code, §§ 242, 243.)

• Sexual Battery (Pen. Code, § 243.4.)

• Assault with a stun gun or taser weapon (Pen. Code, § 244.5.)

• Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (Pen. Code, § 245.)

• Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen. Code, § 245.5.)

• Discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3.)

• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (Pen. Code, § 247.)

•Inflicting corporal injury on a spouse or significant other (Pen. Code, § 273.5.) (Convictions on or before 12/31/2018.)

• Willfully violating a domestic protective order (Pen. Code, § 273.6.) • Drawing, exhibiting, or using deadly weapon other than a firearm (Pen. Code, § 417.)

• Inflicting serious bodily injury as a result of brandishing (Pen. Code, § 417.6.)

• Making threats to commit a crime which will result in death or great bodily injury to another person (Pen. Code, § 422.)

• Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen. Code, § 422.6.)

• Bringing into or possessing firearms upon or within public schools and grounds (Pen. Code, § 626.9.)

• Stalking (Pen. Code, § 646.9.)

• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen. Code, §§ 830.95, 17510).

• Possessing a deadly weapon with intent to commit an assault (Pen. Code, § 17500.)

• Criminal possession of a firearm (Pen. Code, § 25300.)

• Armed criminal action (Pen. Code, § 25800.)

• Possession of ammunition designed to penetrate metal or armor (Pen. Code, § 30315.)

• Unauthorized possession/transportation of a machine gun (Pen. Code, § 32625.)

• Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen. Code, § 26100, subd. (b) or (d).)

•Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen. Code, § 27510.)

• Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf. & Inst. Code, § 8100.)

• Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf. & Inst. Code, § 8101.)

• Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under conservatorship (Welf. & Inst. Code, § 8103.)

• Bringing firearm related contraband into juvenile hall (Welf. & Inst. Code, § 871.5.)

• Bringing firearm related contraband into a youth authority institution (Welf. & Inst. Code, § 1001.5.)

•Theft of property less than $950.00, if property taken was a firearm (Pen. Code, § 490.2)

•Various violations involving sales and transfers of firearms (Pen. Code, § 27590, subd. (c).)

The following misdemeanor conviction results in a five year prohibition:

•Every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so as a result of a gun violence restraining order (Pen. Code, § 18205).

The following misdemeanor convictions result in a lifetime prohibition:

• Inflicting corporal injury on a spouse or significant other (Pen. Code, § 273.5.) (Convictions on or after 1/1/2019; Per Pen. Code, § 29805(b).)*

• Assault with a firearm (Pen. Code, §§ 29800, subd. (a)(1), 23515, subd. (a).)

• Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, housecar or camper (Pen. Code, §§ 246, 29800, subd. (a)(1), 17510, 23515, subd. (b).)

• Brandishing a firearm in presence of a peace officer (Pen. Code, §§ 417, subd. (c), 23515, subd. (d), 29800, subd. (a)(1).)

• Two or more convictions of Penal Code section 417, subdivision (a)(2) (Pen. Code, § 29800, subd. (a)(2).) *A “misdemeanor crime of domestic violence” (18 USC, §§ 921(a)(33)(A), 922(g)(9).)

Note: The Law Office of Brandon Leibrock is providing this list for informational purposes only. This list may not be inclusive of all firearms prohibitions. For specific legal advice, please contact us for a free consultation.

 

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