Firearms Prohibitor Categories

Transcript

1 STA TE OF CALIFORNIA DEPARTMENT OF JUSTICE 9) PAGE 1 of 2 2/201 PROHIBITING CATEGORIES (Rev. 0 CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS FIREARMS PROHIBITING CATEGORIES State and federal law make it unlawful for certain persons to own and/or possess firearms, including: • Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the St ate 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 an Any person who has been convicted of • offense enumerated in Penal Code sections 29900 or 29905 on Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code secti • 29815, subdivisions (a) and (b) Any person who has been convicted of • , a misdemeanor listed in Penal Code section 29805 , or has an outstanding warrant for (refer to List of Prohibiting Misdemeanors) Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions • Code section 707(b), an offense described in Penal Code section 1203.073(b), or any offense enumerated in Penal Code section 29805 • Any person who is s ubject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 527.6 or 527.8, a protective order as defined in Family Code section 6218, a protective order issued pursuant to Penal Code sections 136.2 or 646.91, or a protective order issued pursuant to Welfare and Institutions Code section 15657.03 • Any person who is found by a court to be a danger to himself, herself, or others because of a mental illness to be mentally incompetent to stand trial Any person who is found by a court • to be not guilty by reason of insanity Any person who is found by a court • • Any person who is adjudicated to be a mentally disordered sex offender placed on a conservatorship because he or she is Any person who is • a mental disorder, or an a result of gravely disabled as impairment by chronic alcoholism been • Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has reported by the psychotherapist to law enforcement Welfare and Institutions Code section 5150, assessed under or others Any person who is taken into custody as a danger to self • under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Welfare and Institutions Code sections 5250, certified under 5152, or Code sections 5151, and 5270.15 5260, Any person who is addicted to the use of narcotics (state and federal) • Any person who has is under indictment or information in any court for a crime punishable by imprisonment • been convicted of, or for a term exceeding one year (federal) dishonorable conditions (federal) Any person who has been discharged from the military under • an illegal • alien (federal) Any person who is • Any person who has renounced his or her US Citizenship (federal) a fugitive from justice (federal) Any person who is •

2 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE PROHIBITING CATEGORIES (Rev. 0 2/201 9) PAGE 2 of 2 CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS FIREARMS PROHIBITING CATEGORIES Anyone who has been convicted of, or has an outstanding warrant for, a misdemeanor violation of the following offenses l isted below are fornia generally for ten years from the date of conviction, but the duration of each prohibition may vary. All statutory references are to the Cali Penal Code, unless otherwise indicated. Threatening public officers, employees, and school officials (Pen. Code, § 71.) • Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the threat • (Pen. Code, § 76.) • Intimidating witnesses or victims (Pen. Code, § 136.1.) Possessing a deadly weapon with the intent to intimidate a witness (Pen. Code, § 136.5.) • Threatening witnesses, victims, or informants (Pen. Code, § 140.) • • Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen. Code, § 148(d).) • ) A person who reports to a person that a firearm has been lost or stolen, knowing the report to be false (Pen. Code, § 148.5(f). • Unauthorized possession of a weapon in a courtroom , c ourthouse, or court building, or at a public meeting (Pen. Code, § 171b.) • Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (Pen. Code, § 171c.) Taking into or possessing loaded firearms within the Governor's Mansion or residence of other constitutional officers (Pen. Code, 171d. ) • Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen. Code, § 186.28.) • • Assault (Pen. Code, §§ 240, 241.) Battery (Pen. Code, §§ 242, 243.) • ) Sexual Battery (Pen. Code, § 243.4. • Assault with a stun gun or taser weapon (Pen. Code, § 244.5.) • • Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (Pen. 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 performance of duties (Pen. Code, § 245.5.) Discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3.) • • Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (Pen. Code, § 247.) • .) (Convictions on or before 12/31/2018.) t other (Pen. Code, § 273.5 ican Inflicting corporal injury on a spouse or signif • Willfully violatin g a domestic protective order (Pen. Code, § 273.6.) Drawing, exhibiting, or using deadly weapon other than a firearm (Pen. Code, § 417.) • Inflicting serious bodily injury as a result of brandishing (Pen. Code, § 417.6.) • Making threats to commit a crime which will result in death or great bodily injury to another person (Pen. Code, § 422.) • § 422.6.) • Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen. Code, • Bringing into or possessing firearms upon or within public schools and grounds (Pen. Code, § 626.9.) • Stalking (Pen. Code, § 646.9.) . 17510) Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen. Code, §§ 830.95, • Possessing a deadly weapon with intent to commit an assault (Pen. Code, § 17500.) • Criminal possession of a firearm (Pen. Code, § 25300.) • • Armed criminal action (Pen. Code, § 25800.) • Possession of ammunition designed to penetrate metal or armor (Pen. Code, § 30315.) • Unauthorized possession/transportation of a machine gun (Pen. 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 (Pen. Code, § 26100, subd. (b) or (d).) Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen. 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 (Welf. & Inst. Code, § 8100.) • Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf. & Inst. 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 (Welf. & Inst. Code, § 8103.) • Bringing firearm related contraband into juvenile hall (Welf. & Inst. Code, § 871.5.) Bringing firearm related contraband into a youth authority institution (Welf. & Inst. Code, § 1001.5.) • Theft of property less than $950.00, if property taken was a firearm (Pen. Code, § 490.2) • Various violations involving sales and transfers of firearms (Pen. Code, § 27590, subd. (c).) • The following misdemeanor conviction results in a five year prohibition: a result of a gun violence Every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so as • restraining order (Pen. Code, § 18205). The following misdemeanor convictions result in a lifetime prohibition: Inflicting corporal injury on a spouse or significant other (Pen. Code, § 273.5 • .) (Convictions on or after 1/1/ 2019; Per Pen. Code, § 29805(b).)* • Assault with a firearm (Pen. Code, §§ 29800, subd. (a)(1), 23515, subd. (a).) Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, housecar or camper (Pen. Code, §§ 246, 29800, subd. (a)(1), 17510, • 23515, subd. (b).) Bra ndishing a firearm in presence of a peace officer (Pen. Code, §§ 417, subd. (c), 23515, subd. (d), 29800, subd. (a)(1).) • § 29800, subd. (a)(2).) • Two or more convictions of Penal Code section 417, subdivision (a)(2) (Pen. Code, *A “misdemeanor crime of domestic violence” (18 USC , §§ 921(a)(33)(A), 922(g)(9).) Note: The Department of Justice provides this document for informational purposes only. This list may not be inclusive of all firea rms prohibitio ns. For specific legal advice, please consult wit h an attorney licensed to practice law in California.

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