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CALIFORNIA FIREARM PROHIBITING CATEGORIES IN DETAIL

THE FOLLOWING PERSONS ARE PROHIBITED FROM POSSESSING FIREARMS UNDER CALIFORNIA LAW

CRIME RELATED PROHIBITIONS:

Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country.

[PC 29800]

Any person who has been convicted of, or has an outstanding warrant for a violation of the following:

Penal Code section 245(a)(2) - Assault with a firearm
Penal Code section 245(a)(3) - Assault with with a machinegun or assault weapon
Penal Code section 245(d) - Assault upon a peace officer or firefighter with a firearm
Penal Code section 246- Shooting at an inhabited dwelling or occupied car
Penal Code section 417(a)(2) - Exhibition of a firearm
Penal Code section 417(c) - Exhibition of a firearm in the presence of a peace officer

[PC 29800 & PC 23515]

Any person who has been convicted of an offense enumerated in Penal Code sections 29900 or 29905:

Murder or voluntary manslaughter
Mayhem
Rape
Sodomy by force, violence, duress, menace, or threat of great bodily harm
Oral copulation by force, violence, duress, menace, or threat of great bodily harm
Lewd acts on a child under the age of 14 years
Any felony punishable by death or imprisonment in the state prison for life
Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proven, or any felony in which the defendant uses a firearm which use has been charged and proven.(9) Attempted murder.(10) Assault with intent to commit rape or robbery
'Assault with a deadly weapon or instrument on a peace officer
Assault by a life prisoner on a noninmate
Assault with a deadly weapon by an inmate
Arson
Exploding a destructive device or any explosive with intent to injure
Exploding a destructive device or any explosive causing great bodily injury
Exploding a destructive device or any explosive with intent to murder
Robbery
Kidnapping
Taking of a hostage by an inmate of a state prison
Attempt to commit a felony punishable by death or imprisonment in the state prison for life
Any felony in which the defendant personally used a dangerous or deadly weapon
Escape from a state prison by use of force or violence
Assault with a deadly weapon or force likely to produce great bodily injury
Any felony violation of Section 186.22
Any offense enumerated in subdivision (a), (b), or (d) of Section 23515:
Penal Code section 245(a)(2) - Assault with a firearm
Penal Code section 245(a)(3) - Assault with with a machinegun or assault weapon
Penal Code section 245(d) - Assault upon a peace officer or firefighter with a firearm
Penal Code section 246- Shooting at an inhabited dwelling or occupied car
Penal Code section 417(c) - Exhibition of a firearm in the presence of a peace officer
Carjacking
Any two or more convictions of Penal Code section 417(a)(2).

[PC 29900 and PC29905]

Any person who within the past 10 years has been convicted of, or has an outstanding warrant for, a misdemeanor listed in Penal Code section 29805, which include the following violations:

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, 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.
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 (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 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).)

Every person who, within five years of their conviction, was convicted of owning or possessing a firearm or ammunition with knowledge that he or she is prohibited from doing so as a result of a gun violence restraining order (Pen. Code, § 18205).

Any person who has been convicted of, or has an outstanding warrant for, a misdemeanor listed in Penal Code section 29805, which include the following violations:

Inflicting corporal injury on a spouse or significant other (Pen. Code, § 273.5 for convictions on or after 1/1/2019, per Pen. Code, § 29805(b), and a "misdemeanor crime of domestic violence" (18 U.S.C., § 921(a)(33)(A), 922(g)(9).)
Assault with a firearm (Pen. Code, §§ 29800, subd. (a)(1), 23515, subd. (a).)
Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, house car, or camper (Pen. Code, §§ 246, 29800, subd. (a)(1), 17510, 23515, subd. (b).)
Brandishing a firearm in presence of a peace officer (Pen. Code §§ 417, subd. (c), 23515, subd. (d), 29800, subd. (a)(1).)
Two or more convictions of Penal Code section 417, subdivision (a)(2) (Pen. Code § 29800, subd. (a)(2).)

JUDICIAL ORDER BASED PROHIBTIONS

Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815, subdivisions (a) and (b)

Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 527.6 or 527.8

Any person who is subject to a protective order as defined in Family Code section 6218

Any person who is subject to a protective order issued pursuant to Penal Code sections 136.2 or 646.91

Any person who is subject to a protective order issued pursuant to Welfare and Institutions Code section 15657.03

Any person who is subject to a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order, as specified above, that includes a prohibition from owning or possessing a firearm

Any person who is subject to a Gun Violence Restraining Order (GVRO)

DRUG RELATED PROHIBITIONS

Any person who is addicted to the use of any narcotic drug

[PC 29800]

WARD OF THE COURT RELATED PROHIBITIONS

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), which includes the following offenses:

Murder
Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code
Robbery
Rape with force, violence, or threat of great bodily harm
Sodomy by force, violence, duress, menace, or threat of great bodily harm
A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code
Oral copulation by force, violence, duress, menace, or threat of great bodily harm
An offense specified in subdivision (a) of Section 289 of the Penal Code
Kidnapping for ransom
Kidnapping for purposes of robbery
Kidnapping with bodily harm
Attempted murder
Assault with a firearm or destructive device
Assault by any means of force likely to produce great bodily injury
Discharge of a firearm into an inhabited or occupied building
An offense described in Section 1203.09 of the Penal Code
An offense described in Section 12022.5 or 12022.53 of the Penal Code
A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code
A felony offense described in Section 136.1 or 137 of the Penal Code
Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code
A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code
Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape
Torture as described in Sections 206 and 206.1 of the Penal Code
Aggravated mayhem, as described in Section 205 of the Penal Code
Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon
Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code
Kidnapping as punishable in Section 209.5 of the Penal Code
The offense described in subdivision (c) of Section 26100 of the Penal Code
The offense described in Section 18745 of the Penal Code
Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code

Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Penal Code section 1203.073(b), which include the following offenses:

Any person who is convicted of violating Section 11351 or 11351.5 of the Health and Safety Code by possessing for sale, or Section 11352 of the Health and Safety Code by selling, a substance containing 28.5 grams or more of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code , or 57 grams or more of a substance containing at least five grams of cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of, or cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of, the Health and Safety Code
Any person who is convicted of violating Section 11378 of the Health and Safety Code by possessing for sale, or Section 11379 of the Health and Safety Code by selling a substance containing 28.5 grams or more of methamphetamine or 57 grams or more of a substance containing methamphetamine
Any person who is convicted of violating subdivision (a) of Section 11379.6 of the Health and Safety Code , except those who manufacture phencyclidine, or who is convicted of an act which is punishable under subdivision (b) of Section 11379.6 of the Health and Safety Code , except those who offer to perform an act which aids in the manufacture of phencyclidine
Except as otherwise provided in Section 1203.07 , any person who is convicted of violating Section 11353 or 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to manufacture, compound, or sell heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code , cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 of the Health and Safety Code , or methamphetamine
Any person convicted of violating Section 11379.6 , 11382 , or 11383 of the Health and Safety Code with respect to methamphetamine, if he or she has one or more prior convictions for a violation of Section 11378 , 11379 , 11379.6 , 11380 , 11382 , or 11383 of the Health and Safety Code with respect to methamphetamine.

Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Penal Code section 29805, which includes the following offenses:

Penal Code section 7
Penal Code section 136
Penal Code section 136.5
Penal Code section 140
Penal Code section subdivision (d) of Section 148
Penal Code section subdivision (f) of Section 148.5
Penal Code section Section 171b
Penal Code section paragraph (1) of subdivision (a) of Section 171c
Penal Code section Section 171d
Penal Code section 186.28
Penal Code section 240
Penal Code section 241
Penal Code section 242
Penal Code section 243
Penal Code section 243.4
Penal Code section 244.5
Penal Code section 245
Penal Code section 245.5
Penal Code section 246.3
Penal Code section 247
Penal Code section 273.5
Penal Code section 273.6
Penal Code section 417
Penal Code section 417.6
Penal Code section 422
Penal Code section 422.6
Penal Code section 626.9
Penal Code section 646.9
Penal Code section 830.95
Penal Code section 17500
Penal Code section 17510
Penal Code section 25300
Penal Code section 25800
Penal Code section 30315
Penal Code section 32625
Penal Code section subdivision (b) or (d) of Section 26100
Penal Code section Section 27510
Welfare and Institutions Code Section 8100
Welfare and Institutions Code 8101
Welfare and Institutions Code8103
any firearm-related offense pursuant to Welfare and Institution Code 871.5
any firearm-related offense pursuant to Welfare and Institutions Code section 1001.5
Penal Code section 487 if the property taken was a firearm
Penal Code section conduct punished in subdivision (c) of Section 27590

MENTAL HEALTH RELATED PROHIBITIONS

Any person who is found by a court to be a danger to himself, herself, or others because of a mental illness

Any person who is found by a court 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 adjudicated to be a mentally disordered sex offender

Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder, or an impairment by chronic alcoholism

Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement

Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150, assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152,

Any person certified under Welfare and Institutions Code sections 5250, 5260, and 5270.

About Us

The Davis Law Firm

Jason Davis of The Davis Law Firm has decades of experience in the California firearms industry. Davis spent the early part of his career as a representative for several of the nations’ leading firearm manufacturers, gaining more than 13 years of practical business and manufacturing experience in the firearms industry before entering the field of law, where he has since represented firearm industry members and consumers in protecting their rights since.

For more information about The Davis Law Firm, visit www.CalGunLawyers.com

Michel & Associates, P.C.

The law firm of Michel & Associates delivers exceptional service and value to clients needing legal advice or representation concerning labor & employment law, business litigation, environmental & land use law, regulatory compliance, municipal law, non-profit governance, civil rights, and firearms & Second Amendment law.

For more information about Michel & Associates, P.C. visit www.MichelLawyers.com

E-mail: info@restoremygunrights.com

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