In the state of California, certain misdemeanor convictions, particularly those involving violence, can lead to a 10-year ban on owning or possessing firearms. Some misdemeanor convictions related to domestic violence may even result in a lifetime ban under federal law. Moreover, any misdemeanor conviction listed in California Penal Code Section 29805 can lead to a ban on possessing firearms, a consequence that should not be underestimated due to its severe and long-lasting impact.
Simply put, a ban on firearm ownership can result from various misdemeanor convictions, such as assault and battery, and certain gun-related offenses. PC 29805 lists several misdemeanors that trigger this prohibition, such as assault with a deadly weapon or brandishing a firearm.
Other misdemeanors include knowingly filing a false firearm theft report, unauthorized possession of weapons in courtrooms or public meetings, threatening public officers, or intimidating witnesses or victims.
California enforces strict regulations regarding firearm ownership and possession, particularly for individuals with a history of convictions. If you've ever faced a misdemeanor charge, it's vital to understand how it might impact your rights to buy, own, or even keep a firearm in your home for safety reasons.
Seeking legal counsel is not just advised, it's crucial. It can provide you with the reassurance and guidance you need during this challenging time, helping you navigate the complex legal system with confidence.
California uses a specific definition for “firearms.” Under a firearm ban, individuals are prohibited from owning any of these items. According to our legal system, firearms are items designed to be used as weapons, expelling a projectile through a barrel by means of combustion or an explosion to propel the projectile.
There are many different types of firearms, also known as guns, such as pistols, rifles, shotguns, and revolvers. However, BB guns and pellet guns are not considered firearms in California. They do not use combustion to propel a projectile, so they do not meet the definition of a firearm. Additionally, note that this ban applies to both loaded and unloaded firearms.
Possession and Penalties
The court system in California also defines “possession” in relation to firearms. The court recognizes two types of possession. Individuals can face PC 29805 charges for actual or constructive possession. Understanding these terms can help you navigate the legal system and be better prepared for your case.
Individuals have “actual possession” of a firearm if they are in physical control of the weapon. This means that they have the item on their person. A gun worn in a holster would be in someone's “actual possession.”
Sometimes, a person has “constructive possession” of a firearm. This means that they can access the weapon, even if it's not physically on their person.
For example, let's say someone has a gun in a locked safe in their home. They would have “constructive possession” of the firearm because they can access and control it. Understanding these legal concepts is crucial as they can determine whether you are in violation of firearm possession laws.
PC 29805 charges are what's known as a "wobbler" in California law. This means that the prosecution has the discretion to handle these charges as either misdemeanor or felony offenses, depending on the circumstances of the case and the defendant's criminal history.
In either situation, an individual would face high fines after a conviction. However, misdemeanors and felonies lead to different periods of incarceration. For a misdemeanor, individuals can face up to one year behind bars or up to three years for a felony. Understanding this concept is crucial as it can significantly impact the severity of your charges and the potential consequences for your firearm ownership rights.
Misdemeanor Convictions
As noted above, California law has provisions that can restrict firearm ownership for individuals convicted of certain misdemeanors. For example, a conviction for misdemeanor domestic violence under Penal Code 273.5 PC will result in a ten-year firearm ban under California law.
California Penal Code Section 29805 lists 49 misdemeanor convictions that will result in a ban on possessing firearms. Note that this list includes different kinds of acts, ranging from physical violence to threats and other dangerous conduct, such as reckless endangerment or intimidation.
Simply put, in California, a 10-year ban on firearm possession can be triggered by a variety of misdemeanor convictions, including those related to violence, threats, and illegal weapon possession. Some examples include convictions for stalking or criminal threats.
Being convicted of brandishing a weapon can also lead to a firearm ban, as well as making credible threats of violence. Threatening public officers, employees, or school officials can also lead to a 10-year firearm ban. Also, certain violations involving weapons, such as possessing a firearm in a school zone or transporting a machine gun, can lead to a firearm ban.
The specific duration of a firearm ban can vary depending on the specific misdemeanor conviction and whether it qualifies as a crime of domestic violence. If you're facing charges, this information might help you understand the potential implications for your Second Amendment rights.
Misdemeanors Causing a Firearm Ban
- Simple assault (Penal Code 240 or 241).
- Battery and domestic battery (Penal Code 242 or 243).
- Sexual battery (Penal Code 243.4).
- Willful violation of a domestic violence protective order (Penal Code 273.6).
- Domestic violence (Penal Code 273.5).
- Assault with a stun gun or taser (Penal Code 244.5).
- Assault with a deadly weapon other than a firearm (Penal Code 245).
- Assault with a deadly weapon on school employees (Penal Code 245.5).
- Grossly negligent discharge of a firearm (Penal Code 246.3).
- Shooting at occupied vehicles or buildings (Penal Code 247).
- Knowingly filing a false firearm theft report (Penal Code 148.5(f)).
- Unauthorized possession of weapons in courtrooms or public meetings (Penal Code 171b).
- Bringing or possessing loaded guns in government buildings like state capitols (Penal Code 171c).
- Possessing loaded firearms in the homes of constitutional officers (Penal Code 171d).
- Supplying firearms to gangs (Penal Code § 186.28).
- Threatening public officers, employees, or school officials (Penal Code 71).
- Threatening judges or certain public officers (Penal Code 76).
- Intimidating witnesses or victims (Penal Code 136.1).
- Possessing a deadly weapon to intimidate witnesses (Penal Code 136.5).
- Threatening witnesses, victims, or informants (Penal Code 140).
- Removing or attempting to take a firearm from a peace officer (Penal Code 148(d)).
- Brandishing a deadly weapon other than a firearm (Penal Code 417).
- Causing serious bodily injury through brandishing (Penal Code 417.6).
- Making credible threats of serious harm (Penal Code 422).
- Committing hate crimes through intimidation or threats (Penal Code 422.6).
- Bringing or possessing firearms on school grounds (Penal Code 626.9).
- Stalking (Penal Code 646.9).
- Carrying concealed or loaded firearms during picketing (Penal Code 830.95).
- Wearing a peace officer's uniform while picketing (Penal Code 17510).
- Possessing a deadly weapon with intent to assault (Penal Code 17500).
- Criminal possession of a firearm (Penal Code 25300).
- Armed criminal action (Penal Code 25800).
- Possessing armor-piercing ammunition (Penal Code 30315).
- Unauthorized possession of a machine gun (Penal Code 32625).
- Discharging a firearm from a vehicle (Penal Code 26100).
- Selling or transferring firearms to minors (Penal Code 27510).
- Owning a firearm while undergoing mental health treatment (Welfare & Institutions Code 8100).
- Providing firearms to prohibited people (Welfare & Institutions Code 8101).
- Owning a firearm after being adjudicated mentally unfit (Welfare & Institutions Code 8103).
- Bringing firearm-related contraband into juvenile facilities (Welfare & Institutions Code 871.5).
- Bringing firearms into youth authority institutions (Welfare & Institutions Code 1001.5).
- Firearm theft (Penal Code 487).
- Criminal storage of a firearm (Penal Code 25100 or 25200).
- Various firearm sales and transfer violations (Penal Code 27590).
- Owning or possessing firearms while on a Gun Violence Restraining Order (Penal Code 18205).
- Assault with a firearm (Penal Code 245 and related statutes).
- Shooting at an inhabited dwelling or vehicle (Penal Code 246).
- Multiple convictions for firearm brandishing (Penal Code 417(a)(2)).
Firearm Ban Options
Anyone who becomes prohibited from owning or possessing firearms under California law has several options, such as the following:
- Surrender the control of the firearms to a law enforcement agency,
- Sell or transfer to a licensed firearms dealer,
- Transfer the firearm to a licensed firearms dealer for storage during the duration of the prohibition.
- Sell or transfer the firearms to a nonprohibited third party with whom the prohibited person does not live using a licensed firearms dealer.
A dealer can charge the owner a storage fee and must notify the California Department of Justice of the date that the dealer took possession of any firearms acquired in this manner.
Under California law, a person over the age of 18 who shares a residence with another person who the person knows is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, must safely secure any firearm they owns in the shared residence by ensuring that the firearm is securely stored or the firearm is carried or readily controlled by the lawful owner or another lawful authorized user.
Defenses for Firearms Possession
There are some common legal defenses against PC 29805 charges. Our California criminal defense lawyers can help you after you are accused of firearm possession after a misdemeanor conviction.
Perhaps we can argue that you had justifiable possession of the gun. A momentary possession defense may sometimes apply. This defense allows us to argue that you only temporarily had a gun in your possession and that you were trying to dispose of it. Perhaps we can argue that the police ignored your rights and found a firearm through an illegal search.
Being accused of any offense that carries a potential firearm ban is a serious matter. Losing access to firearms for 10 years or life does might limit your Second Amendment rights.
If you're charged with one of these offenses, it's strongly advised to seek legal counsel. We can explore options such as avoiding a conviction through alternative plea deals, diversion programs, or other strategies tailored to your specific case.
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