California's "Felon with a Firearm" Law
Penal Code 29800 PC

Penal Code 29800 PC is commonly referred to as California's "felon with a firearm" law.  But it's actually a much more comprehensive California gun law.

Under PC 29800, three groups of people are prohibited from owning or acquiring guns:

  1. convicted felons,
  2. anyone convicted of specific misdemeanors, and
  3. narcotic drug addicts.1
Img-felon-firearm-29800
Penalties for being a "felon with a firearm"
in California

If you fall within one of the groups mentioned above and you:

  • own,
  • possess,
  • purchase, or
  • receive

a gun... your gun rights can be revoked for a minimum of 10 years.2 In some cases, your gun rights can be revoked for life.3 If you are a juvenile, you will not be able to own a gun until you are 30 years old.4

Like so many California gun laws, Penal Code 29800 is full of exceptions and technicalities.

Our firm's lawyers include former prosecutors and cops.  We understand how California firearm crimes are prosecuted.   More importantly, we know how to defend them.

Below, our California criminal defense attorneys5 address the following:

1. Prohibited acts under California Penal Code 29800 PC
2. The legal definition of "felon with a firearm"

2.1. "Felon"

2.2. "Narcotic drug addict"

2.3. "Firearm"

3. Misdemeanor convictions that qualify for prosecution under Penal Code 29800 PC
4. Elements of the crime under Penal Code 29800

4.1. You purchased, received, owned, or possessed a firearm

4.2. You knew of the presence of the firearm

5. Legal defenses to Penal Code 29800 PC

5.1. You didn't legally possess the firearm

5.2. You didn't know about the firearm's presence

5.3. Self-defense / defense of others

5.4. You only had momentary possession of the gun

5.5. You had justifiable possession of the gun

5.6. False allegations / wrongful arrest

5.7. Penal Code 29800 PC is not a violation of the right to
bear arms

6. Penalties and punishment for unlawful possession of a firearm

6.1. Penal Code 29800 PC – felon with a firearm

6.2. Penal Code 29805 PC – possession of firearm within 10 years of certain misdemeanor convictions

6.3. Penal Code 29820 PC – juveniles adjudged wards of
the court

6.4. Penal Code 29825 PC – violation of a restraining or
protective order

7. Loss of gun rights under California's gun laws
8. Restoring your right to possess firearms

8.1. Expungement of a California criminal record

8.2. Reducing a felony "wobbler" to a misdemeanor

8.3. California Certificate of Rehabilitation /
Governor's pardon

8.4. Rehabilitation of peace officers convicted of Penal
Code 29800 PC

8.5. Misdemeanor convictions prior to their being added to Penal Code 29800

9. Federal restrictions on gun rights

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on California Firearm Offenses; California Penal Code 25400 PC, Carrying a Concealed Firearm; Penal Code 417 PC "Brandishing a Firearm / Weapon"; California Self-Defense Laws; California Legal Defenses; Reducing a Felony to a Misdemeanor; California Expungement Law, Certificates of Rehabilitation, and Governor's Pardons; Collateral Consequences of a Felony Conviction.

1. Prohibited acts under California Penal
Code 29800 PC

California Penal Code 29800 PC6 prohibits three groups of individuals from owning guns or ammunition7 :

  1. people who have been convicted of a felony offense anywhere,
  2. people who have been convicted of certain misdemeanors, and
  3. people who are addicted to any narcotic drug.8

In order for a jury to convict you of violating California's "felon with a firearm" law, the prosecutor must prove that you

  1. fall into one of the above categories,
  2. owned, purchased, received, or possessed a gun, and
  3. knew of the presence of the gun.9

Let's take a closer look at some of these terms to gain a better understanding of their meanings.

2. The legal definition of "felon with a firearm"

2.1. "Felon"

A "felon" is anyone who has been convicted of a felony offense in any state, or by any other government or country.   You are also a "felon" for purposes of Penal Code 29800 if you have been convicted under a federal law and:

  1. Conviction of a like offense under California law can only result in imposition of felony punishment; or
  2. You were sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or both.10

Juveniles are felons under PC 29800 if their conviction results from certification by the juvenile court for prosecution as an adult.11

2.2. "Narcotic drug addict"

If you are "addicted" to a narcotic drug, it means that you are both emotionally and physically dependent on the drug and have an increased tolerance to its effects.12

2.3. "Firearm"

A "firearm" under California's gun laws is:

  1. a device,
  2. designed to be used as a weapon,
  3. from which is expelled through a barrel,
  4. a projectile,
  5. by the force of an explosion or other form of combustion.13


"Firearm" includes the frame or receiver of the weapon.14 The frame is the main part of a handgun which contains a mounting for the barrel and the operating parts of the gun.  The receiver holds the gun's mechanical parts, including the trigger housing and bolt carrier group.15

Img-firearm-frame

Firearm frame

Img-firearm-receiver

Firearm receiver

Although most of what we think of as guns will have a frame and receiver, neither is necessary for a conviction under this section.

"Firearm" also includes any "rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material.  It doesn't matter whether or not the device is designed for emergency or distress signaling purposes."16

If an object qualifies as a firearm, it doesn't matter whether it was loaded or unloaded at the time of the offense.17

"Firearms" are sometimes generically referred to as "guns."  Examples of firearms include (but are not limited to):

  • pistols,
Img-homicide-gun
  • revolvers,
Img-concealed-revolver

  • rifles (including short-barreled rifles),
Img-short-barrel-rifle
  • shotguns (including short-barreled shotguns), and
Img-short-barreled-shotgun
  • tasers.18
Img-concealed-taser

Pellet guns and BB guns, which rely on the force of air pressure and not combustion, do not qualify as firearms under the law.19

Img-concealed-bbgun

BB gun with CO2 canisters and pellets

3. Misdemeanor convictions that qualify for prosecution under Penal Code 29800 PC

Penal Code 29800 PC is commonly referred to as California's "felon with a firearm" law.  However, there are a number of misdemeanor convictions that subject an individual to prosecution under this section as well.

These misdemeanor offenses include (but are not limited to):

  1. certain violations of Penal Code 245 PC, California's assault with a deadly weapon law,
  2. certain violations of California Penal Code 417 PC, California's "brandishing a weapon" law, and
  3. a variety of California sex crimes.20
Img-felon-sex-crimes
4. Elements of the crime under Penal
Code 29800 PC

4.1. You purchased, received, owned, or possessed a firearm

The terms "purchasing, receiving, and owning" require little explanation.  But the legal definition of possession does. California law essentially defines "possession" as control.  There are two types of possession:

  1. actual possession, and
  2. constructive possession.21

"Actual possession" means that you have direct, physical control over the firearm.22

Example:  You are holding a gun.
Img-kidnap3

"Constructive possession" means that you have access to the firearm or the right to control it.23

Example:  Even while you are out, you have constructive possession of the gun that you own and keep in your dresser drawer, or in a gun rack in your garage.
Img-gun-rack

4.2. You knew of the presence of the firearm

For you to be convicted of unlawful possession of a gun, prosecutors must prove that you knew had it.  This "knowledge" goes hand in hand with the concept of possession.

If you have actual possession of the gun, you most likely know of its presence.  But if you only have constructive possession of the gun, you may not have the requisite knowledge.

Example:  Someone gives you what he says is a gun-shaped cigarette lighter.  He even makes a joke about how it's the only kind of gun you're allowed to have.  You don't examine it further, but leave the "gun" in its box on your coffee table.  A week later your probation officer does a search of your home and finds it.  It turns out it's an actual gun.  If you can prove you didn't know it was a working gun, you will not be guilty of violating PC 29800.

In terms of proving "knowledge", it's important to understand that the only knowledge required by 29800 PC is knowledge about the character of the firearm.  Evidence that you were unaware of the legal prohibition to own or possess one is irrelevant.24

Example:  Suppose you aren't aware that the misdemeanor you were convicted of prevents you from owning a gun.   That lack of knowledge will generally not serve as a valid legal defense to this charge.  The court will presume that you had that knowledge.25
5. Legal defenses to California Penal
Code 29800 PC

The good news is that there are a variety of legal defenses that a good California criminal defense lawyer can present on your behalf.  The following are some of the most common:

5.1. You didn't legally possess the firearm

As Riverside criminal defense attorney Michael Scafiddi explains26 , "If the prosecutor can't prove that you possessed a firearm, you aren't guilty of unlawful possession of a firearm.  Period.  Put another way, if I can convince the judge or jury that you didn't have possession of the gun, you will be acquitted of this charge."

Example:  The cops find a gun in your apartment and arrest you for being a felon with a firearm.  This arrest is based on a prior robbery conviction.  It turns out that the gun belongs to your roommate and that you have no control over it.

Given these facts, you are not guilty of unlawful possession of a firearm.

5.2. You didn't know about the firearm's presence

If you don't know the gun was there, you shouldn't be liable for this charge.

Example:  Suppose the police stop you for a traffic violation and see the butt of a gun sticking out beneath the driver's seat.  You have two prior misdemeanor convictions for violating Penal Code 417 PC, California's law against brandishing a weapon.

The cop arrests you for unlawful possession of a firearm. At the time of this offense, however, you were borrowing your friend's car.  You had no idea that he left his gun in it.  Because you didn't know about the gun's presence, you aren't guilty.
Img-hide-gun-backseat

5.3. Self-defense / defense of others

If you are under an immediate threat, you may have a defense to possessing a gun.  This is so, even if you are a felon or other person prohibited from having a firearm.  California's self-defense law excuses your conduct if:

  1. you reasonably believe that you or another person is in imminent danger of suffering a great bodily injury, and
  2. without a preconceived plan, a firearm becomes available to you, and
  3. you only possess / use the firearm only as long as is reasonably necessary to defend yourself or another person, and
  4. there is no alternative way to avoid the danger.27

The last requirement...that there was no alternative way to avoid the danger...is the critical one.  It separates this law from self-defense laws that apply to people who are not subject to 29800 PC.

Under California's traditional rules of self-defense, there is no duty for a person to retreat.  An individual may stand his ground and even pursue his assailant until the threat is eliminated.

However, those who may not legally own a firearm are not entitled to the benefit of this standard.  They may only use a gun in self-defense if they have exhausted every alternative.28

Example: You are prohibited from owning a gun under 29800 PC.  Your roommate brings home a gun, saying he needs it because someone is after him.  A few nights later your roommate isn't home.  Someone pounds on the back door, shouting that he is going to kill your roommate and everyone else there.  Your roommate's gun is on the table.

Someone else might be able to pick it up and stand his ground.  But because you have opportunity to retreat out the front door, you must do so.  You may only use a firearm if it is the only means of alleviating the danger.29

5.4. You only had momentary possession of the gun

You are excused from a knowing violation of the law if you possess a firearm:

  1. momentarily, and
  2. in order to abandon, dispose of, or destroy it.30

In order to prevail on this defense, you must prove all of the following facts:

  1. that you only possessed the firearm for a momentary or transitory period,
  2. that you possessed the firearm for the sole purpose of abandonment, disposal, or destruction, and
  3. that your possession wasn't for the purpose of preventing the firearm from being seized by law enforcement officers.31

The reason that we say that you must prove these facts is because this is an affirmative defense.  Affirmative defenses must be proved by the defense rather than by the prosecution.  To succeed on this defense, you must prove these facts by a preponderance of the evidence.32

"Preponderance of the evidence" means that it is more likely than not that you only possessed the firearm for the sole purposes described above.

5.5. You had justifiable possession of the gun

Img-justifiable-gun-possession

Sometimes, possession of a gun may be justified, even if you may not legally own one. "Justifiable" possession of a gun must also be proved by a preponderance of the evidence.

To prevail on this California legal defense, you must prove:

  1. that you took the firearm away from a person who was committing a crime against you,
  2. that you possessed the gun no longer than was necessary to deliver it to a law enforcement agency, and
  3. that prior to delivering the gun, you contacted the law enforcement agency to inform them that you were bringing it in for destruction.33

5.6. False allegations / wrongful arrest

Unfortunately, sometimes revenge, anger, or jealousy lead people to make false accusations.  An enemy, vengeful partner, or even a crooked cop could "plant" evidence.  Such evidence could make it look like you unlawfully possessed a weapon when you didn't.

5.7. Penal Code 29800 PC is not a violation of the right to bear arms

Img-second-amendment-arms

California Penal Code 29800 is not a violation of your Second Amendment U.S. Constitutional right to bear arms or a violation of your California Constitutional right to bear arms.

California courts have found the statute to be a valid exercise of California's police power to protect the safety and general welfare of our society.34 As a result, appealing to the constitution is not going to be an effective legal defense.

6. Penalties and punishment for unlawful possession of a firearm
Img-third-dui-jail

6.1. Penal Code 29800 PC – felon with a firearm

Unlawful possession of a firearm under California Penal Code 29800 PC is a felony.  If convicted, you face:

  1. 16 months, or two (2) or three (3) years in county jail, and/or
  2. a maximum $10,000 fine.35

You may also be required to forfeit your weapon.36

Additionally, if you are a legal immigrant or legal alien, a conviction could result in deportation.37 For more information about how California's firearm laws affect aliens, please visit our article on California crimes that lead to deportation.

Img-concealed-ice

6.2. Penal Code 29805 PC – possession of firearm within 10 years of certain misdemeanor convictions

It is a crime to purchase, receive, own, or possess a firearm within ten (10) years of certain misdemeanor convictions.  Under California Penal Code 29805, this is a "wobbler" offense.

A "wobbler" is an offense a prosecutor can charge as either a misdemeanor or a felony.  The choice depends on:

  1. the circumstances of the offense, and
  2. your criminal history.

Examples of misdemeanors offenses that fall under PC 29805 include (but are not limited to):

Punishment for violation of Penal Code 29805 PC as a misdemeanor is:

  • up to one (1) year in the county jail, and/or
  • a maximum $1,000 fine.

As a felony, Penal Code 29805 can be punished by:

  • 16 months, two (2) years, or three (3) years in California state prison, and/or
  • a maximum $1,000 fine.39
Img-gavel-money

6.3. Penal Code 29820 PC – juveniles adjudged wards of the court

Img-statutory-rape-juvenile

Under Penal Code 29820, you are guilty of a wobbler if:

  1. you were adjudged a ward of the court as a result of a juvenile court finding...which is the same as a conviction...
  2. for certain crimes, and
  3. you purchase, receive, own, or possess a firearm,
  4. before you turn 30 years old.40

Examples of crimes that fall under Penal Code 29820 PC include (but are not limited to):

Img-gun-ski-mask

Violations of Penal Code 29820 are punishable by:

  1. up to one (1) year in the county jail, or
  2. 16 months, two (2) years, or three (3) years in California state prison,

and/or a maximum $1,000 fine.42

6.4. Penal Code 29825 PC – violation of a restraining or protective order

Img-annoying-restraining-order

Penal Code 29825 prohibits possession of a gun if by having one you violate a temporary restraining order, an injunction, or a protective order.43 Even an attempt to purchase, receive, own or possess a firearm is a crime under this statute.

Violation of PC 29825 is a wobbler.  It can be punished by:

  1. up to one (1) year in the county jail, or
  2. 16 months, two (2) years, or three (3) years in California state prison,

and/or a maximum $1,000 fine.44

7. Loss of gun rights under California's gun laws
Img-no-guns

If you are convicted of any felony, you are banned for life from owning, possessing, or acquiring a firearm.45

Additionally, some misdemeanor firearm offenses result in a lifetime ban.  These include (but are not limited to):

  • Penal Code 245(a)(2) PC, assault with a firearm,
  • Penal Code 246 PC, shooting at an inhabited dwelling, and
  • some violations of Penal Code 417 PC California's "brandishing a weapon" law.46

Misdemeanor crimes of domestic violence also cause you to lose your gun rights.  This is the result of a lifetime firearms ban for these offenses under federal law.47

Img-domestic-violence-gun

Other misdemeanor offenses trigger a ten (10) year firearms ban.48 These include:

  • witness intimidation,
  • possession of an illegal weapon with intent to use it,
  • assault,
  • spousal battery,
  • violating a protective order
  • brandishing a weapon (subsections that do not trigger the lifetime ban),
  • criminal threats, and
  • stalking .49
8. Restoring your right to possess firearms

If you have been convicted of a felony involving a firearm, there is no way to restore your firearms rights.

Otherwise, depending on why your firearm rights were revoked, there are several ways to restore your California gun rights.

You must follow these steps, even if your conviction has been expunged.

8.1. Expungement of a California criminal record

Expungement of criminal records in California refers to the process of withdrawing a plea of guilty or no contest, and having the case dismissed, after successful completion of probation50 ... or, if applicable... jail and parole.51

Not all offenses can be expunged.  If you were sent to California state prison, or you are guilty of a serious sex offense, your crime may not be expunged.52

California expungement law relieves an individual of most criminal "penalties and disabilities."  The most important is the necessity of disclosing the conviction on job applications.

Expungement of a crime does not, however, remove the ban on owning or possessing firearms.53

In order to remove a firearms ban... whether or not your conviction was expunged... you need to either:

  1. Reduce a qualifying  felony "wobbler" conviction to a misdemeanor; or
  2. Obtain a California Governor's pardon.

8.2. Reducing a felony "wobbler" to a misdemeanor

If you have a felony conviction for a "wobbler," reducing your California felony to a misdemeanor is probably the easiest way to restore your gun rights.

This method will not work if you were convicted of a "straight" felony... that is, a crime that may only be charged as a felony.  If you have been convicted of a straight felony, you will need to obtain a Certificate of Rehabilitation or a governor's pardon.  Both are discussed below.

If you were convicted of a wobbler felony, however, you can petition the court to reduce that felony to a misdemeanor.  If your petition is granted, the state will restore your gun rights automatically... unless:

  1. the misdemeanor is a crime that subjects you to a 10-year gun restriction. If it is, you must wait-out the 10-year period before you can petition to have your firearms rights restored; or
  2. your conviction was for domestic violence or a drug offense that classifies you as a "narcotic addict."   In either of these cases, the law prevents California from restoring your gun rights.

Eligible felony wobbler charges can be reduced at any time.  Thus you can file a petition if:

  • you were convicted of a felony and are still on probation (though you will first need to file a petition to have your probation terminated54 );
  • you were convicted of a felony and are done with probation and/or county jail time;55 or
  • you were convicted of a felony and were never given any probation at all and were sentenced to county jail.56

8.3. California Certificate of Rehabilitation / Governor's pardon

Img-rehab-pardon-packet

People convicted in California of a felony or specified misdemeanor sex offenses can apply to obtain a Certificate of Rehabilitation.  A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated.

If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the court.  Once received, it becomes an application for a California governor's pardon.57

Application for a Certificate of Rehabilitation is made to the superior court in the county where you live.  To apply, you must have resided in California for at least five (5) years58 after the earliest of:

  1. discharge from custody due to completion of your sentence, and
  2. your release on parole or probation...

plus...

an additional period of two (2) to five (5) years, depending on the underlying offense.59

You are ineligible for a California Certificate of Rehabilitation if:

  1. you are serving a mandatory life parole,
  2. you were committed under a death sentence, or
  3. you committed certain sex acts with a child.60

If you are ineligible for a Certificate of Rehabilitation, you may apply for a direct pardon.61 This procedure is used primarily by people who:

  1. were convicted of a crime in California and now reside outside the state, or
  2. people who have been convicted of specified sex or misdemeanor offenses.62

An application for a direct pardon will not normally be considered unless you have been:

  1. discharged from probation or parole;
  2. for at least 10 years;
  3. without further criminal activity during that period.63

Upon demonstration of truly exceptional circumstances... such as actual innocence... the 10-year rule may be waived.64

The Governor has complete discretion in deciding whether to grant a pardon.65 This is true for both direct pardons and automatic pardons after issuance of a Certificate of Rehabilitation.

Img-governor-jerry-brown

Note, however, that if you have two (2) or more felony convictions, the Governor of California may not grant you a pardon... unless... a majority of justices of the California Supreme Court recommend a pardon.66 But the Governor has no obligation to seek such a recommendation.67

If you have been convicted of a felony in another state... or under federal law... you are ineligible for a California Governor's pardon.68 For more information, see our article on Collateral Consequences of a California Felony Conviction.

Example:  Let's say you were convicted of Penal Code 646.9 PC "stalking" in 2008.  Stalking is a misdemeanor that triggers the 10-year firearm ban.  So you would have lost your right to possess a gun until 2018.

Now let's say you were convicted in 2012 of unlawful possession of a firearm under Penal Code 29800.

If you were convicted under 29800 as a misdemeanor, your right to own or possess a firearm will be reinstated at the end of the 10-year period for your stalking conviction – that is, in 2018... as long as you aren't convicted of a subsequent crime that also triggers a gun prohibition.

But if you are convicted of Penal Code 29800 as a felony, you may apply to have your felony reduced to a misdemeanor.69 If reduced, your firearm rights will be restored ten years after the original stalking conviction.  Alternatively, you could petition for a Certificate of Rehabilitation.  If the court issues the Certificate, it will be forwarded to the governor's office and become an application for a pardon.  If the pardon is granted, your right to own a firearm will be restored.

8.4. Rehabilitation of peace officers convicted under Penal Code 29800 PC

If you are a "peace officer" who has been convicted of 29800 PC based on an underlying conviction for:

  1. Penal Code 273.5 PC, California's spousal battery law,
  2. Penal Code 273.6 PC, knowing and intentional violation of a protective order, or
  3. Penal Code 646.9 PC "stalking",


and

your career depends on your ability to legally possess a firearm... you have one opportunity to petition the court for relief from the prohibition on owning a gun.70

If the court finds... by a "preponderance of the evidence"... that you are likely to use a firearm in a safe and lawful manner... the court can reduce or eliminate your restriction from possessing firearms.71

8.5. Misdemeanor convictions prior to their being added to Penal Code 29800

Many of the specific misdemeanor offenses that currently provide the basis for felony prosecution under 29800 PC weren't originally included in this statute.  In fact, most of them weren't added until 1991.  And many have been added later than that.72

If you are under a firearm prohibition because you were convicted of one of these misdemeanor offenses... prior to its being added to the law... then you, too, have one opportunity to petition the court for relief.73

9. Federal restrictions on gun rights

Img-gun-flag

Federal law prohibits additional people from owning guns.  Such people include (but are not limited to):

  • people under indictment in any court for a crime punishable by more than one (1) year in prison,
  • those dishonorably discharged from the military,
  • illegal aliens,
  • people who have renounced their US citizenship,
  • anyone under a court order for a crime involving stalking, and
  • fugitives from justice.74
Img-gun-wanted

And even if your California gun rights are restored, federal law may still prohibit you from possessing a gun.

Example:  Under California law, a misdemeanor domestic violence conviction triggers a 10-year firearm restriction.  Under federal law, a person convicted of a domestic violence offense faces a lifetime firearm ban.75

This is just one of the reasons why it is so important to consult with a California criminal defense attorney who understands the technicalities of firearm laws.

Call us for help...
Img-call-m

If you or loved one is charged with Penal Code 29800 PC felon with a firearm and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada's firearm laws.  For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.76

Additional Online Resource:

Office of the Attorney General Bureau of Firearms--
This website, operated by the California Department of Justice, is a comprehensive resource for information about legitimate and responsible possession and use of firearms by California residents.

Legal References:

1 California Penal Code 29800 PC.(a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns,purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony.
(c) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

2 Under California Penal Code 29805, there are about 40 specific misdemeanor convictions that carry a California 10-year firearms ban. These include (but are not limited to):

  • battery;
  • sexual battery;
  • domestic violence;
  • stalking; and
  • criminal threats.

3 See, California Department of Justice – Bureau of Fireams, Firearms Prohibiting Categories.

4 California Penal Code 29820 PC –
(a) This section applies to any person who satisfies both of the following requirements:
(1) The person is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, any offense enumerated in Section 29805, or any offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a) of Section 26100.
(2) The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, any offense enumerated in Section 29805, or any offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a)of Section 26100.
(b) Any person described in subdivision (a) shall not own, or have in possession or under custody or control, any firearm until the age of 30 years.

5 Our Los Angeles criminal defense attorneys have local law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.

6 Effective January 1, 2012, California Penal Code 12021 PC became California Penal Code 29800, et seq., without substantive change.

7 California Penal Code 30305(a)(1) -- No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3(commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall own,possess, or have under custody or control, any ammunition or reloaded ammunition.

California Penal Code 16150 PC.   (a) As used in Section 30300, "ammunition" means handgun ammunition as defined in Section 16650.
(b) As used in subdivision (a) of Section 30305 and in Section 30306, "ammunition" includes, but is not limited to, any bullet,cartridge, magazine, clip, speed loader, auto loader, or projectile capable of being fired from a firearm with a deadly consequence."Ammunition" does not include blanks.
California Penal Code 16650.  (a) As used in this part, "handgun ammunition" means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles.
(b) As used in Section 30312 and in Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun ammunition" does not include either of the following:
(1) Ammunition designed and intended to be used in an antique firearm.
(2) Blanks.

8 California Penal Code 29800(a)—
(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other
state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns,purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

9 California Jury Instructions – Criminal – CALJIC 12.43.  Felon with a firearm (no stipulation as to felon status).  ("In order to prove this crime, each of the following elements must be proved: [1] A person previously has been convicted of [a felony] [the crime of ] [two or more convictions of section 417, subdivision (a)(2) of the [California] Penal Code]; [2] That person [owned] [purchased] [, or] [received] [had in [his] [her] possession] [or] [had under [his] [her] custody or control] a __________; and [3] That person knew of the presence of the firearm.")

See also CALJIC 12.44 -- Felon with a firearm (stipulation as to felon status).  ("In order to prove this crime, each of the following elements must be proved: [1] [The defendant] [The person previously convicted of a felony] [owned] [purchased] [, or] [received] [had in [his] [her] possession] [or] [had under [his] [her] control] a __________; and [2] [The defendant] [The person] had knowledge of the presence of the __________.")

See also CALJIC 12.45 -- Person addicted to narcotics in possession of a firearm.  ("In order to prove this crime, each of the following elements must be proved: [1] A person was addicted to the use of a narcotic drug; [2] That person [owned] [purchased] [, or] [received] [had in [his] [her] possession] [had under [his] [her] custody or control] a __________; and [3] That person knew of the presence of the __________.")

10 California Penal Code 29800 (c) -- Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

11 California Penal Code 29800(b) -- Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile courtfor prosecution as an adult in an adult court under Section 707 ofthe Welfare and Institutions Code, and who owns or has in possessionor under custody or control any firearm is guilty of a felony.

See also California Welfare and Institutions Code 707.

12 People v. O'Neil (1965) 62 Cal.2d 748, 750.  ("...we must reverse the judgment and remand the cause for a determination of whether the defendant is ‘addicted' to the use of narcotics as we have defined that term in People v. Victor (1965) 62 A.C. 290, 312-315, 42 Cal.Rptr. 199, 398 P.2d 391; i. e., whether he exhibits the three characteristics of the addiction process: (1) ‘emotional dependence' on the drug, (2) an increased ‘tolerance' to its effects, and (3) ‘physical dependence' manifested by withdrawal symptoms upon sudden termination of drug intake.")

13 California Penal Code 16520(a) -- As used in this part, "firearm" means a device, designedto be used as a weapon, from which is expelled through a barrel, aprojectile by the force of an explosion or other form of combustion.

14 California Penal Code 16520 (b) -- As used in the following provisions, "firearm" includes the frame or receiver of the weapon... (14) Sections 29800 to 29905, inclusive.
See also People v. Arnold (2006) 145 Cal.App.4th 1408, 1414.  ("Under this principle of statutory construction, subdivision (c) of section 12001 enlarges, rather than limits, the definition of "firearm" in subdivision (b). This means that, for purposes of [Penal Code] section 12021 [California's "felon with a firearm" law], possession of a "frame or receiver" is sufficient to constitute possession of a "firearm," regardless of whether a "device" with a "barrel" is also possessed. Conversely, subdivision (c)'s definition of a firearm as "including" a "frame or receiver" does not place upon the word "firearm" a meaning "limited to" devices that include frames or receivers. ( Flanagan v. Flanagan, supra, 27 Cal.4th at p. 774, 117 Cal.Rptr.2d 574, 41 P.3d 575.) Thus, section 12001, subdivision (c), does not mean that for purposes of section 12021, the "device" described in subdivision (b) must include a "frame or receiver" as well as a barrel. Although possession of a receiver is sufficient, it is not necessary to a conviction.")

15 See, e.g., Michael J. Simpson, About.com Guide -- Receiver.

16 California Penal Code 16520(c) -- ..."firearm" also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes...

17 People v. Harrison (1969) 1 Cal.App.3d 115, 122.  ("[Former] Penal Code 12021 [California's "felon with a firearm" law] applies only to a person previously convicted of a felony and who owns or has custody, control or possession of a concealable firearm, loaded or unloaded and whether in a vehicle or not; so long as he owns or has custody, control, or possession of it, such a weapon need not be on his person or in his vehicle.").

18 People v. Norton (1978) 80 Cal.App.3d Supp. 14, 25.  ("The word, ‘firearm,' includes a pistol, revolver or rifle, or any other device designed to be used as a weapon from which a projectile may be expelled by the force of any explosion or other form of combustion.")

See also People v. Heffner (1977) 70 Cal.App.3d 643.  ("The hand-held Taser weapon (whose projectiles are barbed contactors that, fired through twin barrels less than 12 inches in length, remain connected by wire to batteries in the expendable cassettes with which the weapon is loaded, thereby incapacitating a human target by pulsed, low-amperage current) is a "firearm capable of being concealed upon the person.")

19 Penal Code 16250 PC.  As used in this part, "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.

20 California Penal Code 29800(a), endnote ___, above, prohibits gun possession by anyone convicted  of an offense enumerated in subdivision (a), (b), or (d) of Section 23515.

PC 29800 (b), prohibits gun possession by "[a]ny person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417."

See also California Penal Code 23515.  As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following:
(a) A violation of paragraph (2) [assault with a firearm] or (3) [assault with a machine gun, assault weapon, or .50 BMG rifle] of subdivision (a) of Section 245 or a violation of subdivision (d) of Section 245 [assault of a peace officer or fire fighter with a firearm].
(b) A violation of Section 246 [shooting at an inhabited or occupied dwelling or vehicle].
(c) A violation of paragraph (2) of subdivision (a) of Section 417 [brandishing a firearm].
(d) A violation of subdivision (c) of Section 417 [brandishing a firearm in the presence of a peace officer].

See also California Penal Code 12021.1 PC -- Unlawful possession of a firearm.  ("(a) Notwithstanding subdivision (a) of Section 12021 [California's felon with a firearm law], any person who has been previously convicted of any of the offenses listed in subdivision (b) and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. A dismissal of an accusatory pleading pursuant to [Penal Code] Section 1203.4a involving an offense set forth in subdivision (b) does not affect the finding of a previous conviction. If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail. (b) As used in this section, a violent offense includes any of the following: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) [California sex offenses, including] Rape. (4) Sodomy by force, violence, duress, menace, or threat of great bodily harm. (5) Oral copulation by force, violence, duress, menace, or threat of great bodily harm. (6) Lewd acts on a child under the age of 14 years. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proven, or any felony in which the defendant uses a firearm which use has been charged and proven. (9) Attempted murder. (10) Assault with intent to commit rape or robbery. (11) [Penal Code 245 PC] Assault with a deadly weapon or instrument on a peace officer. (12) Assault by a life prisoner on a non-inmate. (13) Assault with a deadly weapon by an inmate. (14) Arson. (15) Exploding a destructive device or any explosive with intent to injure. (16) Exploding a destructive device or any explosive causing great bodily injury. (17) Exploding a destructive device or any explosive with intent to murder. (18) Robbery. (19) Kidnapping. (20) Taking of a hostage by an inmate of a state prison. (21) Attempt to commit a felony punishable by death or imprisonment in the state prison for life. (22) Any felony in which the defendant personally used a dangerous or deadly weapon. (23) Escape from a state prison by use of force or violence. (24) Assault with a deadly weapon or force likely to produce great bodily injury. (25) Any felony violation of Section 186.22. (26) Any attempt to commit a crime listed in this subdivision other than an assault. (27) Any offense enumerated in subdivision (a), (b), or (d) of Section 12001.6. (28) Carjacking. (29) Any offense enumerated in subdivision (c) of Section 12001.6 if the person has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417. (c) Any person previously convicted of any of the offenses listed in subdivision (b) which conviction results from certification by the juvenile court for prosecution as an adult in adult court under the provisions of Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail. (d) The court shall apply the minimum sentence as specified in subdivisions (a) and (c) except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the imprisonment required by subdivisions (a) and (c), or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivisions (a) and (c), in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by the disposition.")

21 CALJIC 12.43 -- Felon with a firearm.  ("[The law recognizes two kinds of possession: actual possession and constructive possession. "Actual possession" requires that a person knowingly exercise direct physical control over a thing.  "Constructive possession" does not require actual possession but does require that a person knowingly exercise control over or the right to control a thing, either directly or through another person or persons.] [The law recognizes that one person may have possession alone, or that two or more persons together may share actual or constructive possession.]")

22 See same.

23 See same.

24 See People v. Norton at 21, endnote 10, above.  "The only knowledge required by the statute is knowledge of the character of the object possessed. Evidence that defendant was unaware of the legal prohibition is altogether irrelevant."

25 People v. Snyder (1982) 32 Cal.3d 590, 593.  ("Thus, regardless of what she reasonably believed, or what her attorney may have told her, defendant was deemed to know under the law that she was a convicted felon forbidden to possess concealable firearms. Her asserted mistake regarding her correct legal status was a mistake of law, not fact. It does not constitute a defense to [Penal Code] section 12021 [California's felon with a firearm law].")  In this case, defendant argued that she believed she was only convicted of a misdemeanor offense because that's what her attorney told her at the time she plead guilty to possession of marijuana for sale (under former Health and Safety Code 11531) and because she wasn't sentenced to prison.  Because this was a mistake of law and not a mistake of fact (which is a valid legal defense under California criminal law), she was presumed to know her status as a convicted felon.

26 Michael Scafiddi if a former police officer and police sergeant who now defends clients accused of felon with a firearm – and other crime – across Riverside and San Bernardino Counties.

27 CALJIC 12.50 -- Self-defense for convicted felon in possession of a firearm.  ("A person previously convicted of a felony does not violate section 12021 of the Penal Code [California's unlawful possession of a firearm law] by being in possession of a firearm if: [1] [He] [She] as a reasonable person had grounds for believing and did believe that [he] [she] was [or] [others were] in imminent peril of great bodily harm; and [2] Without preconceived design on [his] [her] part, a firearm was made available to [him] [her]; [3] [His] [Her] possession of such firearm was temporary and for a period of time no longer than that in which the necessity or apparent necessity to use it in self-defense continued; and [4] The use of the firearm was reasonable under the circumstances and was resorted to only if no alternative means of avoiding the danger were available.")

28 People v. King (1978) 22 Cal. 3d. 12, 148 Cal.Rptr. 409 ("[W]hen a member of one of the affected classes is in imminent peril of great bodily harm or reasonably believes himself or others to be in such danger and without preconceived design on his part a firearm is made available to him, his temporary possession of the weapon for a period no longer than that in which the necessity or apparent necessity to use it in self-defense continues, does not violate [former] section 12021.  As in all cases in which deadly force is used or threatened in self-defense, however, the use of the firearm must be reasonable under the circumstances and may be resorted to only if no other alternative means of avoiding the danger are available.  In the case of a felon defending himself alone, such alternatives may include retreat where other persons would not be required to do so.").

29 CALJIC 12.50 Use Note – ("Do not give CALJIC 5.50 (Assailed Person Need Not Retreat) if defendant was previously convicted of a felony and is accused of that crime.")

30 People v. Hurtado (1996) 47 Cal.App.4th 805, 814.  ("Firearms and controlled substances are admittedly dangerous items; it is the retention of these items, rather than the brief possession for disposal or self-protection, which poses the danger which is criminalized by the relevant statutes. We are convinced the "momentary possession" defense recognized in Mijares extends to possession of a firearm by a felon offenses.")

31 Judicial Council Of California Criminal Jury Instruction CALCRIM 2510 -- Felon with a firearm.  ("<Defense: Momentary Possession> [If you conclude that the defendant possessed a firearm, that possession was not unlawful if the defendant can prove the defense of momentary possession. In order to establish this defense, the defendant must prove that: [1] (He/She) possessed the firearm only for a momentary or transitory period; [2] (He/She) possessed the firearm in order to (abandon[,]/ [or] dispose of[,]/ [or] destroy) it; AND [3] (He/She) did not intend to prevent law enforcement officials from seizing the firearm. The defendant has the burden of proving each element of this defense by a preponderance of the evidence. This is a different standard of proof than proof beyond a reasonable doubt. To meet the burden of proof by a preponderance of the evidence, the defendant must prove that it is more likely than not that each element of the defense is true.]")

32 See same.

33 California Penal Code 29850 PC.
(a) A violation of Section 29800, 29805, 29815, or 29820 is justifiable where all of the following conditions are met:
(1) The person found the firearm or took the firearm from a person who was committing a crime against the person who found or took the firearm.
(2) The person possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according to law.
(3) If the firearm was transported to a law enforcement agency, it was transported in accordance with subdivision (b) of Section 25570.
(4) If the firearm is being transported to a law enforcement agency, the person transporting the firearm has given prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according tolaw.
(b) Upon the trial for violating Section 29800, 29805, 29815, or 29820, the trier of fact shall determine whether the defendant was acting within the provisions of the exemption created by this section.
(c) The defendant has the burden of proving by a preponderance of the evidence that the defendant comes within the provisions of the exemption created by this section.

See also CALCRIM 2510, endnote 22, above.  ("<Defense: Justifiable Possession> [If you conclude that the defendant possessed a firearm, that possession was not unlawful if the defendant can prove that (he/she) was justified in possessing the firearm. In order to establish this defense, the defendant must prove that: [1] (He/She) (found the firearm/took the firearm from a person who was committing a crime against the defendant); [AND] [2] (He/She) possessed the firearm no longer than was necessary to deliver or transport the firearm to a law enforcement agency for that agency to dispose of the weapon(;/.) [AND] [3] If the defendant was transporting the firearm to a law enforcement agency, (he/she) gave prior notice to the law enforcement agency that (he/she) would be delivering a firearm to the agency for disposal.]] The defendant has the burden of proving each element of this defense by a preponderance of the evidence. This is a different standard of proof than proof beyond a reasonable doubt. To meet the burden of proof by a preponderance of the evidence, the defendant must prove that it is more likely than not that each element of the defense is true.")

34 See, for example, People v. Flores (2008) 169 Cal.App.4th 568, 573.  ("Prior to the decision in Heller, it was well settled in our courts that state laws regulating the possession of firearms were not vulnerable to constitutional challenge. (See Kasler v. Lockyer (2000) 23 Cal.4th 472, 481, 97 Cal.Rptr.2d 334, 2 P.3d 581 ["[i]t is long since settled in this state that regulation of firearms is a proper police function"]; Galvan v. Superior Court (1969) 70 Cal.2d 851, 866, 76 Cal.Rptr. 642, 452 P.2d 930 ["The claim that legislation regulating weapons violates the Second Amendment has been rejected by every court which has ruled on the question"]; In re Rameriz (1924) 193 Cal. 633, 652, 226 P. 914 ( Rameriz ) [stating that the Legislature is "entirely free to deal with the subject" of firearm regulation].)

35 California Penal Code 29800 PC, endnote 1, above

See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment.  ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.").

36 California Penal Code 29800 PC, endnote 1, above.

See also California Penal Code 25700(a) -- The unlawful carrying of any handgun in violation of Section 25400 is a nuisance and is subject to Sections 18000 and 18005.
See also California Penal Code 18000 PC
(a) Any weapon described in Section 19190, 21390, 21590, or 25700, or, upon conviction of the defendant or upon a juvenile court finding that an offense that would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile with the use of a firearm, any weapon described in Section 29300, shall be surrendered to one of the following:
(1) The sheriff of a county.
(2) The chief of police or other head of a municipal police department of any city or city and county.
(3) The chief of police of any campus of the University of California or the California State University.
(4) The Commissioner of the California Highway Patrol.
(b) For purposes of this section, the Commissioner of the California Highway Patrol shall receive only weapons that were confiscated by a member of the California Highway Patrol.
(c) A finding that the defendant was guilty of the offense but was insane at the time the offense was committed is a conviction for the purposes of this section.

37 8 USC 1227 -- Deportable aliens.  (a) Classes of deportable aliens.  Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens...(2) Criminal offenses...(C) Certain firearm offenses
Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.
Because Penal Code 29800 PC involves possession of firearms, it is a California crime that can lead to deportation.

38 California Penal Code 29805 PC.  Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced,eliminated, or conditioned as provided in Section 29855 or 29860.

The above misdemeanors include:  witness intimidation [136.1],  possession of an illegal weapon with intent to use it [136.5], assault [240 et seq], spousal battery [273.5], violating a protective order [273.6], brandishing a weapon [417], criminal threats [422],  and stalking [646.9].

39 Same.

40 California Penal Code 29820 PC.
(a) This section applies to any person who satisfies both of the following requirements:
(1) The person is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, any offense enumerated in Section 29805, or any offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a)of Section 26100.
(2) The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, any offense enumerated in Section 29805, or any offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a)of Section 26100.
(b) Any person described in subdivision (a) shall not own, or have in possession or under custody or control, any firearm until the age of 30 years.

41 See same.
See also, California Welfare and Institutions Code 602 and 707.

42 California Penal Code 29820(c) -- A violation of this section shall be punishable by
imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

43 California Penal Code 29825.  (a) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil
Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, or a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(b) Every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, or a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) If probation is granted upon conviction of a violation of this section, the court shall impose probation consistent with Section 1203.097.

37 Same.

45 California Penal Code 29800 PC(a) (1) -- Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

See also California Penal Code 23515 PC.  As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following:
(a) A violation of paragraph (2) or (3) of subdivision (a) of Section 245 or a violation of subdivision (d) of Section 245 [assault with a firearm].
(b) A violation of Section 246 [shooting at an inhabited dwelling].
(c) A violation of paragraph (2) of subdivision (a) of Section417 [brandishing a firearm or using a firearm in a quarrel].

And see our article, Consequences of a California Felony Conviction.

46 Same.

See also California Penal Code 29800 PC(a) ( 2) -- Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

47 Misdemeanor crimes of domestic violence -- 18 U.S.C. 921(33) --
(A) Except as provided in subparagraph (C), [2] the term "misdemeanor crime of domestic violence" means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal  [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
(B)
(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

48 California Penal Code 29805 PC, endnote 38, above.

49 Same.

50 California Penal Code 1203.4(a), which provides, in part:
(a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation,or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at anytime after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right,if any, to petition for a certificate of rehabilitation and pardon.The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing.However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.
(2) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(4) This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286,Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a)to (e), inclusive, of Section 12810 of the Vehicle Code.
(2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.

51 California Penal Code 1203.4a, which provides, in part:   (a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime,and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty; or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 12021.1 of this code or Section 13555 of the Vehicle Code.
(b) If a defendant does not satisfy all the requirements of subdivision (a), after a lapse of one year from the date of pronouncement of judgment, a court, in its discretion and in the interests of justice, may grant the relief available pursuant to subdivision (a) to a defendant convicted of an infraction, or of a misdemeanor and not granted probation, or both, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense, and is not under charge of commission of any crime.
(c) (1) The defendant shall be informed of the provisions of this section, either orally or in writing, at the time he or she is sentenced. The defendant may make an application and change of plea in person or by attorney, or by the probation officer authorized in writing, provided that, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if relief had not been granted pursuant to this section.
(2) Dismissal of an accusatory pleading pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3) Dismissal of an accusatory pleading underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(d)  This section applies to any conviction specified in subdivision (a) or (b) that occurred before, as well as those occurring after, the effective date of this section, except that this section does not apply to the following:
(1) A misdemeanor violation of subdivision (c) of Section 288.
(2) Any misdemeanor falling within the provisions of Section 42002.1 of the Vehicle Code.
(3) Any infraction falling within the provisions of Section 42001of the Vehicle Code.

52 Same at subdivision (b): subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

53 California Penal Code 1203.4(a)(2) [felony convictions] and 1203.4a(c)(2) [misdemeanor convictions] both provide that: "Dismissal of an accusation or information pursuant to this
section does not permit a person to own, possess, or have in his orher custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 [California's felon with a firearm law].")

54 California  Penal Code 1203.3.

55 California  Penal Code 1203.4.

56 California  Penal Code 1203.4a.

57 See California Penal Code 4852.01-4852.21.


See also, State of California Office of the Governor,  How to Apply for a Pardon.

58 People discharged or released on parole prior to May 13, 1943 and not incarcerated in a state penal institution since, have a three (3) year residency requirement.  See California Penal Code 4852.01 PC (a).

59 California Penal Code 4852.03.
(a) The period of rehabilitation shall begin to run upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years' residence in this state, plus a period of time determined by the following rules:
(1) To the five years there shall be added four years in the case of any person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2) To the five years there shall be added five years in the case of any person convicted of committing any offense or attempted offense for which sex offender registration is required pursuant to Section 290, except for convictions for violations of subdivision(b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those convictions, two years shall be added to the five years imposed by this section.
(3) To the five years there shall be added two years in the case of any person convicted of committing any offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.
(4) The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that his or her statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(5) Any person who was discharged after completion of his or her term or was released on parole before May 13, 1943, is not subject to the periods of rehabilitation set forth in these rules.
(b) Unless and until the period of rehabilitation, as stipulated in this section, has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. Any certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c) A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.

60 California Penal Code 4852.01(d) -- This chapter shall not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision(j) of Section 289, or persons in the military service.

61 California Penal Code 4852.01(e) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288,subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.

See also State of California Office of the Governor, How to Apply for a Pardon.

62 See California Penal Code 4852.01(d), endnote 56, above.

63 Same.

64 Same.


See also California Penal Code 4852.01(e).

65 See, e.g., State of California Office of the Governor, How to Apply for a Pardon

66 Penal Code 4852.16 -- The certified copy of a certificate of rehabilitation transmitted to the Governor shall constitute an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein,except that, pursuant to Section 8 of Article V of the Constitution,the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court.

67 People v. Ansell (2001) 25 Cal.4th 868, 891. ("However, regardless of which statutory application procedure is used, and notwithstanding any recommendation by the superior court, the pardon decision is discretionary, and rests ultimately with the Governor.")


See also California Penal Code 4800 PC -- Constitutional authority. ("The general authority to grant reprieves, pardons and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California.")


See also California Constitution, Article V, Section 8. ("SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, [California Governor's] pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring.")

See also California Penal Code 4802 PC -- Application of second offender; reference. ("In the case of a person twice convicted of felony, the application for pardon or commutation of sentence shall be made directly to the Governor, who shall transmit all papers and documents relied upon in support of and in opposition to the application to the Board of Prison Terms.")

See also California Penal Code 4813 PC -- Applications of second offenders; recommendation; transmittal of papers. ("In the case of applications of persons twice convicted of a felony, the Board of Prison Terms, after investigation, shall transmit its written recommendation upon such application to the Governor, together with all papers filed in connection with the application.")

See also State of California Office of the Governor, How to Apply for a Pardon.

68 The Supremacy Clause of the United States constitution, Article VI, provides:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

69 California Penal Code 17 -- Felony reduction.  ("(b) When a crime is punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: (1) After a judgment imposing a punishment other than imprisonment in the state prison. (2) When the court, upon committing the defendant to the Youth Authority, designates the offense to be a misdemeanor. (3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. (4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint. (5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.")

70 California Penal Code 29855(a)-- Any person employed as a peace officer described in Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition imposed by Section 29805 because of a conviction under Section 273.5, 273.6, or 646.9, may petition the court only once for relief from this prohibition.

71 California Penal Code 29855 PC –...(d) Upon making each of the following findings, the court mayreduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate:
(1) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner.
(2) Finds that the petitioner is not within a prohibited class as specified in Section 29815, 29820, 29825, or 29900, or subdivision(a) or (b) of Section 29800, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code.
(3) Finds that the petitioner does not have a previous conviction under Section 29805, no matter when the prior conviction occurred.
(e) In making its decision, the court shall consider the petitioner's continued employment, the interest of justice, any relevant evidence, and the totality of the circumstances. The court shall require, as a condition of granting relief from the prohibition under Section 29805, that the petitioner agree to participate in counseling as deemed appropriate by the court. Relief from the prohibition shall not relieve any other person or entity from any liability that might otherwise be imposed. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this section in cases in which relief is warranted. However, nothing in this section shall be construed to require courts to grant relief to any particular petitioner. It isthe intent of the Legislature to permit persons who were convicted of an offense specified in Section 273.5, 273.6, or 646.9 to seek relief from the prohibition imposed by Section 29805.

72 California Penal Code 12021 [predecessor to Penal Code 29800] PC (Historical and statutory notes).  ("The 1991 amendment by c. 955 (A.B.242), rewrote subd. (c); and made nonsubstantive changes in subds. (b), (d) and (e). Subdivision (c), as amended by Stats.1991, c. 953 (A.B.108), § 4, had provided: "Except as provided in subdivision (a), any person who has been convicted of a misdemeanor violation of Section 136.5, 140, 171b, 171c, 171d, 241, 243, 244.5, 245, 245.5, 246.3, 247, 417, 417.2, 626.9, subdivision (b) or (d) of Section 26100, subdivision (a) of Section 12100, 12320, or 12590 and who within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in the state prison or in the county jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment. The court shall, on forms prescribed by the Department of Justice, notify the department of persons subject to this subdivision."... The 1993 amendment designated existing subd. (a) as subd. (a)(1) and inserted "subdivision (a), (b), or (d) of" in that subdivision; added subd. (a)(2) relating to convictions of § 417, subd. (a)(2); in subd. (c)(1), inserted references to §§ 240, 242, 273.5, 273.6, and 646.9, and inserted a reference to paragraph... The 1995 amendment, in subd. (c)(1), substituted "646.9, 12023, or 12024, subdivision (b) or (d) of Section 26100, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103" for "646.9, or 12023, subdivision (b) or (d) of Section 26100, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12320 or 12590, or Section 8101"; in the first sentence of subd. (c)(1), in subd. (d), in the second sentence of subd. (e), and in the first sentence of subd. (g), substituted "imprisonment in a county jail not exceeding one year or in the state prison" for "imprisonment in the state prison or in a county jail not exceeding one year"; and made nonsubstantive changes. ...Stats.2008, c. 599 (S.B.1302), in subd. (c)(1), in the first sentence, inserted "243.4,".")

73 California Penal Code 29860.
(a) Any person who is subject to the prohibition imposed by Section 29805 because of a conviction of an offense prior to that offense being added to Section 29805 may petition the court only once for relief from this prohibition.
(b) The petition shall be filed with the court in which the petitioner was sentenced. If possible, the matter shall be heard before the same judge that sentenced the petitioner.
(c) Upon filing the petition, the clerk of the court shall set the hearing date and notify the petitioner and the prosecuting attorney of the date of the hearing.
(d) Upon making each of the following findings, the court may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the court deems appropriate:
(1) Finds by a preponderance of the evidence that the petitioner is likely to use a firearm in a safe and lawful manner.
(2) Finds that the petitioner is not within a prohibited class as specified in Section 29815, 29820, 29825, or 29900, or subdivision(a) or (b) of Section 29800, and the court is not presented with any credible evidence that the petitioner is a person described in Section 8100 or 8103 of the Welfare and Institutions Code.
(3) Finds that the petitioner does not have a previous conviction under Section 29805, no matter when the prior conviction occurred.
(e) In making its decision, the court may consider the interest of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that courts exercise broad discretion in fashioning appropriate relief under this section in cases in which relief is warranted. However, nothing in this section shall be construed to require courts to grant relief to any particular petitioner.

See also 12021(c)(1) for a list of these offenses:  ("("(c)(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 26100, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, purchases, receives, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in paragraph (2) or (3).")

74 18 USC 922(g) -- It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

75 The 1996 Lautenberg Amendment implements a lifetime ban on individuals convicted of misdemeanor domestic violence crimes, including any crime that can be classified under California's domestic violence laws.

76 Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Daria A. Snadowsky for any questions relating to Nevada's firearm laws. Their Nevada law offices are located in Reno and Las Vegas.

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California and Nevada. Click Office Locations to find out which office is right for you.

Call us 24/7 (888) 327-4652