California Penal Code 23515 PC - Offenses that involve the violent use of a firearm

Updated

Penal Code 23515 PC is the California statute that imposes a lifetime ban on possessing, owning or purchasing firearms for people convicted of 3 offenses: (1) Assault with a firearm (PC 245(a)(2)), (2) firing into an inhabited dwelling (PC 246), and (3) brandishing (PC 417) at a peace officer. Otherwise, brandishing carries a 10-year ban.

Penal Code 23515 states:

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.

(b) A violation of Section 246.

(c) A violation of paragraph (2) of subdivision (a) of Section 417.

(d) A violation of subdivision (c) of Section 417.

Legal Analysis

People convicted of any crime enumerated in PC 23515 face firearm bans. The length of the ban depends on the specific offense:

Offenses involving the violent use of a firearm under PC 23515

Length of firearm ban

Assault with a firearm - PC 245(a)(2)

For life. It makes no difference if the charge is prosecuted as a felony or misdemeanor.

Assault with a machinegun, an assault weapon, or a .50 BMG rifle - PC 245(a)(3)

For life.

Assault on a peace officer or firefighter with a firearm - PC 245(d)(1)*

For life.

Assault on a peace officer or firefighter with a semi-automatic firearm - PC 245(d)(2)*

For life.

Assault on a peace officer or firefighter with a machinegun, assault weapon, or a .50 BMG rifle - PC 245(d)(3)*

For life.

Maliciously and willfully discharging a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar - PC 246^

For life. It makes no difference if the charge is prosecuted as a felony or misdemeanor.

Drawing or exhibiting any firearm in a rude, angry, or threatening manner in the presence of another person; or

Unlawfully using a firearm in any fight or quarrel - PC 417(a)(2)

For ten years. But two or more convictions carry a lifetime ban.

Drawing or exhibiting any firearm in a rude, angry, or threatening manner in the presence of a peace officer - PC 417(c)*

For life. It makes no difference if the charge is prosecuted as a felony or misdemeanor.

*The defendant knows – or reasonably should know – that the victim is a peace officer or firefighter engaged in the performance of his or her duties. And the peace officer or firefighter is engaged in the performance of his or her duties.

^Inhabited means currently being used for dwelling purposes, whether occupied or not.

Therefore, all but one crime listed in PC 23515 carry a lifetime ban from possessing, owning, or purchasing firearms. The only listed offense that carries a ten-year ban is PC 417(a)(2): Brandishing a firearm in a threatening manner to a non-peace officer, or using a firearm during a fight.

Violating a lifetime firearm ban is a felony in California under PC 29800. The penalty is:

Violating a ten-year firearm ban is a public offense (misdemeanor) in California under PC 29805. The penalty carries up to one year in jail and/or up to $1,000 in fines.

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

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

Call us 24/7 (855) 396-0370