Greg Hill & Associates Home
Award Recipient
Top 100 Trial Attorneys in the United States
Contact Us for a Free Consultation
Little Known Grounds for Receiving a Firearm Prohibition
In today’s uncertain economic climate, with unemployment rising and crime increasing, it seems everyone has thought about buying a gun “for protection.” We have had numerous phone calls from people who have been turned down for buying a gun and call to ask if such a ban is proper.
Many people do know that a federal ban for life applies if they are convicted of any felony or misdemeanor domestic violence (Penal Code § 273.5). There also may be ten-year or five year ban under state law (explained in more detail under Penal Code § 29805, as well as Article 1724 on this website).
There are numerous other reasons that may explain why one has a federal or state ban on owning, purchasing or possessing a firearm (or ammunition). The following is a list of some of the less well-known reasons:
- Any person who is an illegal alien;
- Any person who was discharged from the military under dishonorable conditions;
- Any person who was convicted of, or under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
- Any person who is addicted to the use of narcotics;
- Any person who is adjudicated to be a mentally disordered sex offender;
- Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code § 5150, assessed under Welfare and Institutions Code § 5151, and admitted to a mental health facility under Welfare and Institutions Code §§ 5151, 5152, or certified under Welfare and Institutions Code §§ 5250, 5260 or 5270.15;
- Any person who is subject to a Gun Violence Restraining Order (GVRO);
- Any person who is found by a court to be not guilty by reason of insanity (NGI);
- Any person who is found by a court to be mentally incompetent to stand trial (Penal Code § 1368);
- Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder, or impairment by chronic alcoholism;
- Any person who is subject to a temporary restraining order or an injunction issued pursuant to California Code of Civil Procedure §§ 527.6 or 527.8, or a protective order as defined in Family Code § 6218, a protective order issued pursuant to Penal Code § 136.2 or 646.91, a protective order issued pursuant to Welfare and Institutions Code § 15657.03, or by a valid order issued by an out-of-state jurisdiction that is similar to equivalent to a temporary restraining order, injunction, or protective order, as specified above, that includes a prohibition from owning or possessing a firearm;
- Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement;
- Any person who has been convicted of, or has an outstanding warrant for, 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 California Penal Code § 23515(a), (b), or (d) (Penal Code §§ 245(a)(2), 245(a)(3) or 245(d));
- Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code § 707(b), an offense described in Penal Code § 1203.073(b), or any offense enumerated in Penal Code § 29805 (which includes approximately 50 crimes, most of which are wobblers, and which are listed separately in Article 1724 on this website);
- Any person who has renounced his or her U.S. Citizenship;
- Any person who has been convicted of, or has an outstanding warrant for, a misdemeanor listed in Penal Code § 29805 (which includes approximately 50 crimes, most of which are wobblers, and which are listed separately in Article 1724 on this website); or
- Any person who is a fugitive from justice, which can include a person who has escaped from jail or prison or who is in violation of parole or probation.
For more information about firearm ownership issues, please click on the following articles:
