FIREARM PROHIBITION MISDEMEANORS - Which Crimes Result in a Firearms Possession Prohibition?
(10 Year Prohibition)
Increasingly, California will take away gun rights for misdemeanor offenses. Here is the list of misdemeanor convictions that carry a 10 year gun prohibition. Some are obvious such as uses of firearms to threaten. Others not so obvious such as violations of California Penal Code § 27590 (2022) relating to transfers of firearms. And never forget that Domestic Violence is on the list.
• 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 (Penal 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, courthouse, 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.)
• Inflicting corporal injury on a spouse or significant other (Pen. Code, § 273.5.) (Convictions on or before 12/31/2018.)
• Willfully violating a domestic protective order (Pen. Code, § 273.6.)
• Drawing, exhibiting, or using a 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.)
• Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen. Code, § 422.6.)
• Bringing into or possessing firearms upon or within public schools and grounds (Pen. Code, § 626.9.)
• Stalking (Pen. Code, § 646.9.)
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen. Code, §§ 830.95, 17510).
• Possessing a deadly weapon with intent to commit an assault (California Penal 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 a firearm (Pen. Code, § 487)
• Criminal storage of a firearm (Pen. Code, §§ 25100, 25135 or 25200)
• Various violations involving sales and transfers of firearms (Pen. Code, § 27590, subd. (c).)
(Source: Office of the Attorney General Firearms Prohibiting Categories)
The Horowitz office in Contra Costa County defends these crimes and protects the gun ownership rights of people in the entire State of California.