Felony Convictions that Prohibit Firearm Ownership or Possession (General Provisions)
Per CA penal code 29800(a)(1), any person who has been convicted of a felony in any state of the United States, is prohibited from owning or possessing a firearm for life (See Restoring Gun Rights Exception Below).
Any person who has been convicted of a felony, who is subsequently found to be in possession of a firearm, may be charged with the crime of felon in possession of a firearm.
If the defendant is still on probation or parole for the underlying felony offense, then he may be charged with both the violation of probation (or parole) and the felon in possession of firearm allegation.
Example: David is convicted of felony grand theft auto (PC 487(d)). While on probation, David’s probation officer finds a shotgun in David’s bedroom. Thereafter, David is charged with both violation of probation (PC 1203.2) and felon in possession of a firearm (PC 29800(a)(2)).
Narcotics Addict: Per penal code 29800(a)(1), a person who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control of any firearm, is guilty of a felony (PC 29800(a)(1) Abbrev.).
In other words, penal code 29800(a)(1) prohibits both convicted felons and drug addicts from owning or possessing a firearm.
Example: Sarah is a drug addict, and she has been in and out of drug treatment programs for years, but Sarah has never been convicted of a misdemeanor or felony crime. Sarah is caught with a handgun during her stay at a drug rehabilitation center.
Result: Sarah is prohibited from owning or possessing a firearm due to her status as a drug addict even though she has no underlying misdemeanor or felony conviction that prevented her from owning or possessing a firearm. Therefore, Sarah may be charged with a felony violation of penal code 29800(a)(1).
Misdemeanor Conviction (List of Misdemeanor Crimes Prohibiting Gun Ownership or Possession)
Misdemeanor convictions carry either no firearm prohibition, a ten (10-year firearm prohibition, or lifetime firearm prohibition, depending on the misdemeanor offense for which the defendant was convicted.
Lifetime Firearm Prohibition for Misdemeanor Crimes List
Where a firearm is used in the commission of a misdemeanor crime, including the crimes of assault with a deadly weapon, or brandishing a firearm, then the firearm prohibition period for that misdemeanor crime is life (See Restoring Gun Rights Exception Below).
The misdemeanor crimes that carry a lifetime firearm ban include the following:
PC245(a)(2) Assault with Firearm
PC 246 Discharge Gun at House
PC417(c) Show Gun to Threaten
Ten (10) Year Firearm Prohibition Crimes List (Abbrev.).
Per PC 29805(a)(1): any person who has been convicted of a misdemeanor violation of any of the following crimes is prohibited from owning or possessing a firearm for ten (10) years (Partial List):
PC 76 Threaten Public Official
PC 136.1 Dissuade Witness
PC 140 Threaten Witness
PC 148(d) Take Cop's Gun
PC 148.5 False Police Report
PC 240 Simple Assault
PC 241 Assault on Officer
PC 242 Simple Battery
PC 243 Aggravated Battery
PC 243.4 Sexual Battery
PC 244.5 Assault w/ Stun Gun
PC 245 ADW
PC 247 Shoot at Dwelling
PC 273.5 Domestic Violence
PC 417 Brandishing a Weapon
PC 422 Criminal Threats
PC 422.6 Hate Crime
PC 626.9 Poss. Gun at School
PC 646.9 Stalking
PC 25300 Carry Gun with Mask
PC 30315 Armor-Pierce Ammo
PC 32625 Possess Machine Gun
PC 487 Grand Theft
PC 368(b) or (c) Elder Abuse
PC 273a(a) Child Endangerment
PC 25400(c)(5) Conceal Weapon
PC 25850(c)(5) Poss. Firearm
PC 26350(7) Open Carry Gun
PC 597(a) Animal Cruelty
PC 25100 Criminal Gun Storage
Any person who has been convicted of any misdemeanor listed above in this section, who is subsequently found to be in possession of a firearm, may be charged with the crime of misdemeanant in possession of a firearm.
If the defendant is still on probation or parole for the underlying misdemeanor offense, then he may be charged with both the violation of his misdemeanor probation, parole or Post Release Community Supervision [PRCS]) and the misdemeanant in possession of firearm allegation.
Warrant Status: Any person who has an outstanding warrant for a felony or misdemeanor, who knows he has an outstanding warrant for a felony or misdemeanor, who owns, purchases, receives, or has in possession or under custody or control, any firearm, is guilty of a public offense. For more information, see Quashing Warrants.
List of Misdemeanor Crimes that Carry no Firearm Prohibition (Abbrev. List).
PC 647(a) Lewd Act in Public
PC 647(b) Prostitution
PC 311.11 Possess Child Porn
PC 484 Petty Theft
PC 503 & 508 Embezzlement
PC 647.6 Annoy/Molest Minor
PC 288(c)(1) Lewd Act w/Minor
PC 32 Accessory After the Fact
PC 476a(a) Check Fraud
PC 597b(b) Cockfighting
PC 459 Commercial Burglary
PC 502(c) Computer Hacking
BP 7028(a) Illegal Contracting
PC 166(a)(4) Contempt
PC 415 Disturb the Peace
VC 14601 Suspended License
VC 23152 Drive While Drunk
PC 647(f) Public Intoxication
VC 12500(a) No License Driving
VC 20001 Hit & Run Driving
PC 530.5 Identity Theft
PC 632 Illegal Audio Recording
VC 10851(a) Joyriding
PC 261.5(c) Statutory Rape
PC 602 Trespass
PC 459.5 Shoplifting
VC 23103 Reckless Driving
VC 23109 Illegal Street Racing
PC 396 Price Gouging
PC 490.4 Group Retail Theft
PC 463 Looting
PC 647(j)(4) Revenge Porn
PC 315 Operating a Brothel
PC 314 Indecent Exposure
PC 498 Theft of Utility Services
BP 22435 Illegal Possess Cart
PC 396(f) Illegally Evict Tenant
Express Condition of Probation & CPOs: Any person who, as an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm, and who owns, purchases, receives, or has in possession or under custody or control, any firearm, is guilty of a public offense (PC 29815 Abbrev).
Criminal Protective Orders: Any person who is served with a temporary or permanent criminal protective order (CPO), or a temporary or permanent restraining order, regardless of whether that person is charged with, or convicted of, a misdemeanor or felony criminal offense, may not own or possess firearm or ammunition (PC 29825 Abbrev.).
Restoring Gun Rights
Reclassification of Crime: In some cases, a person who was convicted of a felony crime, which could have been charged as a misdemeanor crime (i.e., “Wobbler” crime), may have his felony conviction reclassified to a misdemeanor conviction.
When a felony crime is reclassified to a misdemeanor crime after conviction, the defendant’s firearm prohibition period is reduced to either ten (10) years or no prohibition, depending on the felony offense for which the defendant was convicted (PC 17(b)).
Example: Bethany is convicted of felony theft (PC 484). Felony theft is a “wobbler” offense. After conviction, Bethany has her felony conviction reduced to a misdemeanor conviction through a 17(b) Motion.
Result: Bethany’s lifetime firearm prohibition that resulted from her felony conviction is reduced to zero prohibition (no firearm prohibition for misdemeanor theft).
Example: Tammy is convicted of felony aggravated battery (PC 243(d)). Felony aggravated battery is a “wobbler” offense. After conviction, Tammy has her felony conviction reduced to a misdemeanor through a 17(b) motion.
Result: Tammy’s lifetime firearm prohibition that resulted from her felony conviction is reduced to ten (10) year firearm prohibition because misdemeanor aggravated battery convictions carry a ten (10) year firearm prohibition.
Certificate of Rehabilitation: A certificate of rehabilitation and/or a Governor’s Pardon, can restore a person’s gun rights in some circumstances. This is true even if the petitioner is convicted of a non-wobbler felony (PC 4852).
To obtain a certificate of rehabilitation, the petitioner must first receive an expungement of the underlying offense.
For more information on Penal Code 17(b) Motions, Certificate of Rehabilitation, Governor’s Pardon, and Expungement Rights, or to learn more about the list of crimes that prohibit gun purchase or possession, including PC 29800 law contact our criminal defense lawyers for a free consultation.
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