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FIREARMS AND THE LAW

You might know that California law prohibits convicted felons from possessing or owning firearms. California Penal Code Section 12021 makes it illegal to possess a firearm in California for any person who has previously been convicted of any Felony offense in California. That prohibition is for life.

But, I’ll bet you did not know that same law makes it illegal to possess a firearm for a period of ten (10) years if you have been convicted of any of the following Misdemeanors:

Penal Code §71 – Threatening public officers, employees, or school officials;

Penal Code §76 – Threatening certain public officials, appointees, judges, etc.;

Penal Code §136.1 Intimidation of witnesses and victims;

Penal Code §136.5 Use of deadly weapon to intimidate witness;

Penal Code §140 Threatening witnesses, victims or informants;

Penal Code §240 Assault;

Penal Code §241 Assault;

Penal Code §242 Battery;

Penal Code §243 Battery;

Penal Code §244.5 Stun gun or taser; Assault
Penal Code §245 Assault with deadly weapon or force;

Penal Code §245.5 Assault with deadly weapon or instrument by any means likely to produce great bodily injury…on school employee engaged in performance of duties;

Penal Code §246.3 Discharging firearm or BB device in grossly negligent manner;

Penal Code §247 Discharge of laser at aircraft
Penal Code §273.5 Willful infliction of corporal injury (on spouse/cohabitant, etc.)

Penal Code §273.6 Intentional and knowing violation of court order to prevent harassment, disturbing the peace, or threats or acts of violence;

Penal Code §417 Drawing, exhibiting or using firearm or deadly weapon

Penal Code §417.6 Intentionally inflicting serious bodily injury while drawing, exhibiting or using firearm;

Penal Code §422 Criminal Threats;

Penal Code §626.9 Gun-Free School Zone Act
Penal Code §646.9 Stalking;

Penal Code §12023 Armed criminal action;

Penal Code §12024 Deadly weapons; possession with intent to assault;

Penal Code §12034(b) Driver or owner of motor vehicle permitting firearms in vehicle or discharge of firearms from vehicle;

Penal Code §12034(d) Discharge of firearm from motor vehicle;

Penal Code §12040 Criminal possession of firearm;

Penal Code §12072(b) Prohibited transfers, deliveries or sales of firearms;

Penal Code §12072(g)(3) Prohibited transfers, deliveries or sales of firearms;

Penal Code §12220 Unauthorized possession, transportation, manufacture or sale of machinegun;

Penal Code §12320 Possession of illegal ammunition

Penal Code §12590 Prohibited acts (such as carrying concealed weapon while picketing or other informational activities in public place relating to concerted refusal to work, etc.)

Welfare and Instutitions Code §871 Any firearm related offense of Escape of minor from custody;

Welfare and Instutitions Code §1001.5 Any firearm related offense of Bringing or sending contraband into grounds of or possession in Youth Authority institutions;

Welfare and Instutitions Code § 8100 Possession, purchase or receipt of firearm while inpatient for mental disorder…

Welfare and Instutitions Code § 8101 and 8103 Providing firearm or other deadly weapon to person adjudicated as suffering mental disorder or a mentally disordered sex offender;

This is a pretty long and complex list of Misdemeanor offenses for which you can be prohibited from possessing a firearm. It is important to know what these offenses are before casually admitting guilt or pleading no contest to one of them. Often times people admit guilt to these offenses without knowing of the prohibition against possession of a firearm that goes with it.

If you have been convicted of one of the above offenses and you are found by law enforcement to be in possession of a firearm during the prohibition period you can be prosecuted either as a Misdemeanor or a Felony.

The only exception to the above law is provided for law enforcement personnel. However, there is a procedure for petitioning the court to be relieved of the above prohibition against possession of a firearm if you meet certain stringent criteria.

The point is that before you plead guilty to any crime, you need a competent and well informed attorney to help make sure you completely understand all of the consequences of your plea. You should never plead guilty to a crime without knowing what you are getting yourself into. Our attorneys at Wallin and Klarich know the law and we take the necessary steps to make sure you know what is going on before you make such an important decision as pleading guilty to a crime. We also know how to help you if you previously plead guilty without knowing of this prohibition, and we may be able to help you restore your right to possess a firearm.

If you want more information or think you need help with a problem such as this call us at 888.280.6839.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.