Criminal Convictions & Your Gun Rights in OC

Parts of Orange County can be dangerous, but that’s also the case in Los Angeles, Riverside, and San Diego counties, not to mention the rest of the nation. If you’re like a lot of people, you own a handgun or a shotgun, or both, to protect your home from intruders. With all of the home invasions and gang violence going on, it’s understandable why OC residents would want to protect themselves from the dangers lurking outside.

Suppose you were recently arrested for a crime. Perhaps it was possession, perhaps it was domestic violence, perhaps it was identity theft. If you are convicted, will you lose your right to possess or own a firearm? It depends on the nature of the charge. In California, anyone who is convicted of a felony, or convicted of certain “prohibiting misdemeanors,” is prohibited from possessing or owning a firearm.

Prohibited possessors include:

  • Illegal aliens.
  • Individuals who have renounced their U.S. citizenship.
  • Fugitives from justice.
  • Anyone who is being charged for a crime that is punishable by one year or more of imprisonment.
  • Anyone who has been convicted of a felony.
  • Individuals who have been convicted of a crime under Penal Code sections 29900 or 29905.
  • Individuals convicted of a misdemeanor under Penal Code section 29805.
  • Individuals who have a temporary restraining order against them, or a protective order due to domestic violence.
  • Anyone with a mental illness, who the court finds a danger to themselves or others.
  • Any individual who the court finds mentally incompetent.
  • Individuals who have been found not guilty by the court by reason of insanity.
  • Sex offenders adjudicated by the court to have a mental disorder.
  • Individuals who have been placed in a conservatorship because they are disabled due to a mental disorder, or because they are alcoholics.
  • Anyone who has threated a licensed psychotherapist, who reported the threat to the authorities.

Waiting 10 Years to Own a Weapon

Certain misdemeanor violations do not require a lifetime ban from firearms, but they do impose a 10-year ban. While the list is too long to include here, just a few of the misdemeanors that involve a 10-year weapon ban include: threatening the police, intimidating a witness, threatening witnesses, assault and battery, sexual battery, intentionally violating a domestic protection order, threatening to seriously injure or kill another person, and many more.

Some misdemeanor convictions involve a lifetime ban on firearms, such as assault with a firearm, domestic violence, and shooting at an inhabited house or vehicle. To learn more, visit the California Department of Justice Bureau of Firearms by clicking here.

In the face of criminal charges, contact our firm to schedule a free consultation with an Orange County criminal defense lawyer!

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