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49 Misdemeanor Convictions That Result in Firearm Ban
Many of our clients are aware that if they are convicted of a felony, they lose their Second Amendment rights under federal law to purchase, possess or own a firearm or ammunition for life.
However, many of our clients are not aware that besides a conviction for misdemeanor domestic violence under Penal Code § 273.5, there are 49 more misdemeanors that if one has an outstanding warrant for or is convicted of such offenses, there is a similar ten year firearm ban under California law.
Many of the offenses below can be filed as a felony or a misdemeanor, but resolving the case as a misdemeanor, unfortunately, does not avoid the firearm prohibition.
These offenses are listed under Penal Code § 29805, but for our reader’s convenience, we list them here. They are:
- Threatening public officers (includes prosecutors and public defenders), employees, or school officials (Penal Code § 71);
- Threatening certain public officers, appointees, judges, staff or their families with the intent and the apparent ability to carry out the threat (Penal Code § 76);
- Intimidating witnesses or victims (Penal Code § 136.1);
- Possessing a deadly weapon with the intent to intimidate a witness (Penal Code § 136.5);
- Threatening witnesses, victims or informants (Penal Code § 140);
- Attempting to remove or take a firearm from the person or immediate presence of a public official or a peace officer (Penal Code § 148(d));
- A person who reports to a person that a firearm has been lost or stolen, knowing the report to be false (Penal Code § 148.5(f));
- Unauthorized possession of a weapon in a courtroom, courthouse, or court building, or at a public meeting (Penal Code § 171b);
- Bringing into or possessing a loaded firearm within the state capitol or legislative offices (Penal Code § 171c);
- Taking into or possessing loaded firearms within the Governor’s Mansion or residence or other constitutional officers’ homes (Penal Code § 171d);
- Supplying, selling or giving possession of a firearm to a person for participation in a criminal street gang (Penal Code § 186.28);
- Assault (Penal Code §§ 240 or 241);
- Battery (Penal Code §§ 242 or 243 (includes § 243(e)(1)), the immigration-neutral alternative plea to § 273.5(a), domestic violence));
- Sexual battery (Penal Code § 243.4);
- Assault with a stun gun or taser weapon (Penal Code § 244.5);
- Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (Penal Code § 245);
- Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in the performance of duties (Penal Code § 245.5);
- Discharging a firearm in a grossly negligent manner (Penal Code § 246.3);
- Shooting at an occupied aircraft, motor vehicle, or inhabited building or dwelling house (Penal Code § 247);
- Inflicting corporal injury on a spouse or significant other (Penal Code § 273.5, if convicted prior to 12/31/2018, just a ten year ban under California law; after 1/1/19, it is a lifetime ban under federal law);
- Willfully violating a domestic violence protective order (Penal Code § 273.6);
- Drawing, exhibiting, or using a deadly weapon other than a firearm (Penal Code § 417);
- Inflicting serious bodily injury as a result of brandishing (Penal Code § 417.6);
- Making threats to commit a crime which will result in death or great bodily injury to another person (Penal Code § 422);
- Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Penal Code § 422.6);
- Bringing into or possessing firearms upon or within public schools and grounds (Penal Code § 626.9);
- Stalking (Penal Code § 646.9);
- Carrying a concealed or loaded firearm or other deadly weapon while picketing (Penal Code § 830.95);
- Wearing a peace officer uniform while picketing (Penal Code § 17510);
- Possessing a deadly weapon with intent to commit an assault (Penal Code § 17500);
- Criminal possession of a firearm (Penal Code § 25300);
- Armed criminal action (Penal Code § 25800);
- Possession of ammunition designed to penetrate metal or armor (Penal Code § 30315);
- Unauthorized possession / transportation of a machine gun (Penal Code § 32625);
- Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Penal Code § 26100(b) or (d));
- Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under age 21 (Penal Code § 27510);
- Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welfare & Institutions Code § 8100);
- Providing a firearm or deadly weapon to a person described in Welfare & Institutions Code §§ 8100 or 8103 (Welfare & Institutions Code § 8101);
- Purchase, possession or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under conservatorship (Welfare & Institutions Code § 8103);
- Bringing firearm related contraband into juvenile hall (Welfare & Institutions Code § 871.5);
- Bringing firearm related contraband into a youth authority institution (Welfare & Institutions Code § 1001.5);
- Theft of a firearm (Penal Code § 487);
- Criminal storage of a firearm (Penal Code §§ 25100, 25135 or 25200);
- Various violations involving sales and transfers of firearms (Penal Code § 27590(c));
- Every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so as a result of a gun violence restraining order (Penal Code § 18205) (five year, not ten year, firearm ban);
- Assault with a firearm (Penal Code § 29800(a)(1), 23515(a));
- Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, house car or camper (Penal Code §§ 246, 29800(a)(1), 17510, 23515(b));
- Brandishing a firearm in presence of a peace officer (Penal Code §§ 417(c), 23515(d), 29800(a)(1)); and
- Two or more convictions of Penal Code § 417(a)(2) (Penal Code § 29800(a)(2)).
For more information about the right to own, possess or purchase a firearm, please click on the following articles:
