Ways You Can be Denied a Gun

You have been arrested for a crime, charged, and now your attorney is encouraging you to plead guilty to a lesser offense. However, if you are a military service member, a police officer or just an avid gun owner, there is something you need to know. Being found guilty (either by pleading guilty or being convicted by a judge or jury) of certain crimes in California can terminate your right to own a gun and require you to relinquish the current guns you own.

Below is a list of ways that can result in your loss of your right to bear arms under both Federal law and California law.

Under Federal Law You Can be Denied a Gun if:

Convicted of a felony.
Fugitive from justice.
Unlawful user of or addicted to any controlled substance.
Adjudicated as a mental defective or who has been committed to a mental institution.
Have restraining order against you (after receiving a fair hearing) preventing you from harassing, stalking, threatening, or engaging in other conduct that would place a person in reasonable fear of bodily injury.
Convicted of misdemeanor domestic violence.

Under California State Law You Can be Denied a Gun if:

Convicted of or have a warrant out for a felony of US or any state, or government/country; or any offense that is the violent use of a firearm.
Convicted of or has a warrant out for two or more convictions of brandishing a firearm.

In California, You will receive a 10 year ban on firearms if convicted for misdemeanors of:

Threatening school or public officers or employees;
Threatening Public officials;
Preventing or dissuading witness or victim from testifying or doing other acts (includes intent to do this while possessing deadly weapon);
Use of force or threat to use force or violence against person or property of crime witness or victim;
Attempt to take or remove officer’s firearm while the officer is engaged in performance of his/her lawful duties;
Reporting a firearm to be lost or stolen knowing the report is false;
Possessing weapon in state or local public building or public open meeting;
The State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento;
Possessing loaded firearm in Governor’s or constitutional officer’s residence;
Supplying, selling, or giving possession or control of firearm to another;
Convicted of assault, including against officers (list includes firefighters, paramedics, medical technician, etc.);
Convicted of Battery, including against officers (list includes firefighters, paramedics, medical technician, etc.);
Sexual battery; Seriously disabled or medically incapacitated victims;
Assault with stun gun or less lethal weapon;
Assault with deadly weapon or by force likely to produce great bodily injury;
Assaults with deadly weapons on school employees;
Discharge of firearm or BB device in grossly negligent manner;
Discharge of firearm at unoccupied aircraft or motor vehicle or at uninhabited building or dwelling house;
Infliction of injury on spouse or partner (present or former) or parent of child;
Punishment for violation of protective order, temporary restraining order, or injunction, or Possession of firearm by person prohibited from doing so by protective order;
Intentional infliction of serious bodily injury in commission of specified weapons offenses;
Injury or threat to person or damage to property based on perception of person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation;
Possession of firearm in school zone or on grounds of public or private university or college;
Stalking;
Wearing of uniform of peace officer while picketing or participating in other informational activities;
Possession of deadly weapon with intent to commit assault;
Carrying weapons while picketing;
Criminal possession of firearm while masked;
Armed criminal action;
Possession of handgun ammunition designed to penetrate metal or armor;
Intentionally possess a machine gun (including convert a regular gun into a machine gun);
Possession of firearm in motor vehicle and discharge at person not in vehicle;
Supply Firearms to person under 21 years of age;
Giving deadly weapon to mental patient;
Possession of firearm by patient with mental disorder;
Attempting to obtain firearm after being determined that you have a mental disorder or have been subject to 5150, 5250, etc.;
Bringing or sending a firearm into a Youth Authority facility, juvenile hall, ranch, camp, etc.;
Grand theft of a firearm;
Convicted after Jan. 1, 2020 for improperly storing firearm knowing child has easy access to it or another individual that is forbidden from processing firearm.

In sum, if you find yourself being charged with one of these crimes, but do not want to lose your right to bear arms, chose your path forward wisely. The attorneys at Military Law Center are experienced in representing military service members that are active duty yet have been charged with one or more of the above crimes. If you find yourself in this situation, do the smart thing and call us today!