Domestic Violence with Firearms in California
If found guilty of domestic violence in Los Angeles, the repercussions are severe. Depending on the specifics, you could be looking at a significant jail term and the loss of your legal right to own or possess a firearm.
In domestic violence incidents involving deadly items, you could face felony charges under California Penal Code 245(a)(1), assault with a deadly weapon. A conviction could lead to even harsher penalties and a potential “strike” on your record under California's Three Strike Law.
Even if a firearm is not discharged, pointing a weapon at a spouse, ex-spouse, cohabitant, or family member during a domestic dispute could result in felony criminal charges.
If you just point the weapon at a spouse, ex-spouse, cohabitant, or a member of your family during a domestic dispute could result in felony criminal charges.
In domestic violence incidents where a firearm wasn't loaded, then you could be charged with violating California Penal Code 417, brandishing a weapon, which is another California “wobbler” crime that the prosecutor can file as either a misdemeanor or felony offense.
Suppose your victim was a member of your family or an intimate partner, and the judge imposed probation. In that case, you will have mandatory domestic violence sentencing requirements defined under Penal Code 1203.097.
In order to provide more useful information about firearms and domestic violence, our criminal defense lawyers are providing a review below.
Assault with a Firearm – Penal Code 245(a)(2) PC
If convicted of assault with a firearm in violation of California Penal Code 245(a)(2), and the victim was an intimate partner, you will most likely be placed on probation, meaning there are mandatory terms that must be followed as defined under Penal Code 1203.097.
The terms will usually involve the judge issuing a domestic violence restraining order against you that prohibits any type of contact with the victim.
There are situations where the judge will reduce the RO to a level one protective order that allows peaceful contact with the victim.
Additionally, the terms of probation will include a mandatory requirement that you complete a 52-week batterer's intervention program, fines, and community service.
In some cases, the judge will order other conditions of probation at sentencing, which might include counseling and even some jail time.
Firearm Ban with a Domestic Violence Conviction
Once you are convicted of domestic violence, you are prohibited from owning or possessing a firearm in California. Assembly Bill 3129 amended Penal Code 29805 and made it illegal for anyone who was convicted of misdemeanor domestic violence for having possession of a firearm.
Also, under California law, the court can prohibit you from possessing or purchasing a firearm even in a situation where you have only been charged with a domestic violence crime but not convicted.
Under federal laws, you are prohibited from possessing or owning a firearm regardless of whether it is a misdemeanor or felony domestic violence case.
Additionally, if the judge imposed specific court orders, you will be prohibited from possessing, buying, purchasing, or receiving ammunition while the order remains in effect:
- Civil harassment restraining order
- Domestic violence restraining or protective order
- Workplace or private school restraining order
- Protective order for the elderly
- Emergency protective order related to stalking
It's also possible for anyone can seek a domestic violence protective order that would prohibit buying or possessing a firearm if the victim was a spouse, ex-spouse, cohabitant, or family member.
Relinquishing Firearms in Domestic Violence Cases
Once you have been served with a domestic violence protective order, you are required to relinquish your firearms by turning them in to law enforcement or selling them to a gun dealer within 24 hours.
After they are turned in, they must issue a receipt, which you must file with both the court and the law enforcement agency that served you with the California protective order, within 48 hours. If you don't follow these terms, then it will be considered a violation of the protective order.
After being convicted of a domestic violence crime, you are required to provide documented proof that the firearm was sold or transferred within a certain time frame.
The criminal courts and probation department also require verification that you comply with these terms before there is any final resolution on your case. In situations where you fail to comply with these terms, the court could issue a search warrant to recover unlawfully retained firearms.
Reporting to Law Enforcement and Removal of Firearms
California law enforcement agencies have established a system to record calls for domestic violence incidents that includes incident reports on whether a weapon was involved. In a situation where police discovered a deadly weapon at the scene of a domestic violence incident, the weapon could be confiscated.
All police officers at the scene of an alleged domestic violence incident involving any type of threats or assault have to seize temporary custody of any firearm in plain view. They will also seize any weapons that are discovered during a consensual or lawful search that was conducted to protect themselves or anyone else at the scene.
Any confiscated firearms are required to be held for at least 48 hours. Suppose the firearm was not kept as evidence for domestic violence charges, or there was no unlawful possession. In that case, it must be made available for pick-up by the owner within 48 hours after it was seized or as soon as possible.
However, it can only be kept for five days after the owner can demonstrate that they have gone through a background check.
If you're facing domestic violence allegations in Los Angeles, our criminal defense attorneys will thoroughly review your case and explore all possible avenues. In some instances, we can negotiate with the prosecutor for reduced charges or even have the case dismissed through prefiling intervention.
Cron, Israels & Stark is a highly regarded criminal defense law firm with a team of exceptionally skilled lawyers who collectively bring decades of experience and a proven track record of success.
Our main office is located in the West Los Angeles area at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We are also located near the Santa Monica Pier at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our firm for a free case consultation at (424) 372-3112.
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