Weapons Offenses

 

Weapons Offenses-

In the state of California there are several categories of people who are not allowed to possess, own, purchase or receive firearms.  They include (Penal Code section 12021; 12021.1; 12101; Welfare and Institutions Code section 8100; 8103):

  1. Any person convicted of a felony.
  2. Any person convicted of assault with a firearm (Penal Code 245 (a) (2) or (3); Penal Code section 245 (d)).
  3. Any person convicted of shooting at inhabited house, building, vehicle, aircraft, housecar or camper.
  4. Any person convicted of drawing or exhibiting any firearm in a rude, angry or threatening manner in the immediate presence of a police officer.
  5. Any person convicted two or more times of drawing or exhibiting any firearm in a rude, angry or threatening manner in the presence of any other person (except in self-defense).
  6. Any person who is addicted to the use of any narcotic drug.
  7. Any person convicted of a misdemeanor violation of threatening a public officers, public employees, or school officers or school employees can not possess, own, purchase or receive firearms for a period of 10 years.
  8. Any person convicted of a misdemeanor violation of threatening certain public officials, appointees, judges, staff, or immediate families of can not possess, own, purchase or receive firearms for a period of 10 years.
  9. Any person convicted of a misdemeanor violation of intimidating a witness or a victim can not possesses, own, purchase or receive firearms for a period of 10 years.
  10.   Any person convicted of a misdemeanor violation of having a deadly weapon upon his or her person with intent to use such weapon to intimidate witnesses or victims can not possess, own, purchase or receive firearms for a period of 10 years.
  11. Any person convicted of a misdemeanor violation of using force or threatening to use force or violence on any witnesses, victims or informants or take, damage or destroy any property of any witnesses, victims or informants can not possess, own, purchase or receive firearms for a period of 10 years.
  12.  Any person convicted of a misdemeanor violation of removing or taking without intent to permanently deprive or who attempts to remove or take a firearm from a public officer or peace officer while the officer is engaged in the performance of his or her lawful duties can not possess, own, purchase or receive firearms for a period of 10 years.
  13. Any person convicted of a misdemeanor violation unauthorized possession of weapons in state or local public building or at public meeting can not possess, own, purchase or receive firearms for a period of 10 years.
  14. Any person convicted of misdemeanor violation of bringing a loaded or possessing a loaded firearm within the State Capitol, grounds of the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the legislative is conducting a hearing can not possess, own, purchase or receive firearms for a period of 10 years.
  15. Any person convicted of a misdemeanor violation of bringing a loaded or possessing a loaded firearm within the Governor’s Mansion, any other residence of the Governor, the residence of any other constitutional officer, or the residence of any member of the legislature can not possess, own, purchase or receive firearms for a period of 10 years.
  16.  Any person convicted of a misdemeanor violation of knowingly supplying, selling, or giving possession or control of any firearm to a person actively participating in any criminal street gang used to commit a felony can not possess, own, purchase or receive firearms for a period of 10 years.
  17.  Any person convicted of a misdemeanor assault can not possess, own, purchase, or receive firearms for a period of 10 years.
  18. Any person convicted of a misdemeanor battery can not possess, own, purchase or receive firearms for a period of 10 years.
  19. Any person convicted of a misdemeanor sexual battery can not possess, own, purchase or receive firearms for a period of 10 years.
  20. Any person convicted of a misdemeanor violation of willfully discharging a firearm or BB gun in a grossly negligent manner can not possess, own, purchase or receive firearms for a period of 10 years.
  21. Any person convicted of a misdemeanor violation of discharging a firearm at an unoccupied motor vehicle or uninhabited building or uninhabited dwelling house can not possess, own, purchase or receive firearms for a period of 10 years.
  22. Any person convicted of a misdemeanor battery upon a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child or any person convicted of a misdemeanor violation of willfully inflicting corporal injury resulting in a traumatic condition upon a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child can not possess, own, purchase or receive firearms for a period of 10 years in the State of California.  However, under federal law, the person can not possess, own, purchase or receive firearms or life.
  23. Any person convicted of a misdemeanor violation of disobeying a court order / protective order can not possess, own, purchase or receive firearms for a period of 10 years.
  24.  Any person convicted of a misdemeanor violation of drawing or exhibiting a firearm or deadly weapon in a rude, angry or threatening manner or unlawfully uses a deadly weapon or firearm in any fight or quarrel can not possess, own, purchase or receive firearms for a period of 10 years.
  25.  Any person convicted of a misdemeanor violation of intentionally inflicting serious bodily injury while drawing or exhibiting firearm or deadly weapon can not possess, own, purchase or receive firearms for a period of 10 years.
  26. Any person convicted of a misdemeanor violation of willfully threatening a person with death or great bodily injury with the specific intent that the threat is to be taken as a threat and the person is reasonably in sustained fear for his or her safety or the safety of his or her immediate family can not possess, own, purchase or receive firearms for a period of 10 years.
  27.  Any person convicted of a misdemeanor violation of possessing a firearm in a place that the person knows or reasonably should have known is a school zone can not possess, own, purchase or receive firearms for a period of 10 years.
  28.  Any person convicted of a misdemeanor violation of stalking can not possess, own, purchase or receive firearms for a period of 10 years.
  29.  Any person convicted of a misdemeanor violation of carrying a loaded firearm with the intent to commit a felony can not possess, own, purchase or receive firearms for a period of 10 years.
  30.  Any person convicted of a misdemeanor violation of having upon him or her any deadly weapon with intent to assault another person can not own, purchase or receive firearms for a period of 10 years.
  31. Any person convicted of a misdemeanor violation of “criminal storage of a firearm” in which he or she knows or reasonably should have known that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian and the child does gain access and causes death, great bodily injury, or injury other than great bodily injury to himself, herself, or any other person can not possess, own, purchase, or receive firearms for a period of 10 years.
  32.  Any person convicted of a misdemeanor violation of carrying a firearm in a public place or on any public street while masked so as to hide his or her identity can not possess, own, purchase, or receive firearms for a period of 10 years.
  33. Any person licensed under Penal Code section 12071 convicted of a misdemeanor violation of supplying, selling, delivering, or giving possession or control of a handgun to any person under 21 years of age or any other firearm to a person under 18 years of age can not possess, own, purchase, or receive firearms for a period of 10 years.
  34. Any person convicted of a misdemeanor violation of possessing or knowingly transporting a machinegun can not possess, own, purchase, or receive firearms for a period of 10 years.
  35. Any person convicted of a misdemeanor violation of knowingly possessing any handgun ammunition designed primarily to penetrate metal or armor can not possess, own, purchase, or receive firearms for a period of 10 years.
  36. Any person convicted of a misdemeanor violation of while engaging in picketing or other informational activities in a public place relating to a concerted refusal to work carries concealed upon his or her person or within any vehicle any pistol, revolver, or other firearm capable of being concealed upon the person or carries a loaded firearm upon his or her person or within any vehicle or carries a deadly weapon or wears the uniform of a peace officer whether or not the person is a peace officer can not possess, own, purchase, or receive firearms for a period of 10 years.
  37.  Any person convicted of a misdemeanor violation of possessing, purchasing, receiving, or attempting to purchase or receive any firearms or deadly weapon if on or after January 1, 1992, he or she received inpatient treatment for a mental disorder or communicated a threat of physical violence to a psychotherapist can not posses, own, purchase, or receive firearms for a period of 10 years.
  38. Any person convicted of a misdemeanor violation of knowingly supplying, selling, giving, or allowing possession or control of firearms or deadly weapons to a person who has mental issues as described under Welfare and Institutions Code section 8100 or 8103 can not possess, own, purchase or receive firearms for a period of 10 years.
  39. Any person convicted of a misdemeanor violation of purchasing, receiving, attempting to purchase or receive, or possessing any firearm or any other deadly weapon when the person was found by a court to be a danger to others or to be a mentally disordered sex offender or when the person was found not guilty by reason of insanity or when the person was found by a court to be mentally incompetent to stand trial or when the person was placed under conservatorship because of grave disability as a result of a mental disorder or impairment by chronic alcoholism or when the person is taken into custody as provided in Welfare and Institutions Code section 5150 because the person is a danger to himself or herself or to others or when the person has been certified for intensive treatment for mental disorder or impairment by chronic alcoholism can not possess, own, purchase or receive firearms for a period of 10 years.
  40. Any person convicted of a misdemeanor violation of any firearm-related offense of bringing or sending or possessing contraband within a juvenile facility or Youth Authority can not possess, own, purchase or receive firearms for a period of 10 years.
  41. Any person convicted of a misdemeanor violation of knowingly supplying, delivering, selling, or giving possession or control of a firearm to any prohibited person (listed above).
  42.  Any person taken into custody under Welfare and Institutions Code sections 5150 because that person is a danger to himself or herself or others or any person certified for intensive treatment for mental disorder or impairment by chronic alcoholism can not poses, own, purchase or receive firearms of a period of 5 years after the person is released form the facility.  However the person may request a hearing before the court.
  43. Any minor unless minor is actively engaged in or in transit to or from a lawful recreational sport and accompanied by parent or legal guardian or a responsible adult with written consent from parent or legal guardian or minor is at lest 16 years and has written consent of parent or legal guardian or minor has written consent of parent or legal guardian and minor is on lands owned by parent or legal guardian.

 

Many of the violations listed above as well as many other violations under the California Penal Code are “wobbles” in which they can be punished as either felonies or misdemeanors, and a felony conviction is California will ban a person from possessing, purchasing, owning, or receiving firearms for life.   The Law Offices of Joseph P. Smith is very knowledgeable about California’s gun laws as well as the Federal Government’s gun laws, and with that knowledge and experience, has been successful in getting felonies reduced to misdemeanors, getting felony charges dismissed and getting plea deals that have no impact on your right to possess, purchase, own or receive firearms. If you or someone you know is being investigated, arrested, charged or even convicted of a crime that can affect your right to possesses, purchase, own or receive firearms, let the Law Offices of Joseph P. Smith work to preserve your Second Amendment right to bare arms.