IWhat charges carry a 10 year ban to owning/possessing a firearm?
These charges carry a 10-year gun ban. If you are convicted of any of the below charges and try to possess a firearm, you could be convicted of a violation of PC 29805. The 10 years is from the date of your conviction.
Here are the lists of charges:
- PC 71 17. PC 76 33. PC 136.1
- PC 136.5 18. PC 140 34. PC 148(d)
- PC 148.5 19. PC 171b 35. PC 240
- PC 171d 20. PC 186.28 36. PC 171c(a)
- PC 242 21. PC 243 37. PC 243.4
- PC 244.5 22. PC 245 38. PC 245.5
- PC 246.3 23. PC 247 39. PC 273.5
- PC 273.6 24. PC 417 40. PC 417.6
- PC 422 25. PC 422.6 41. PC 490.2
- PC 626.9 26. PC 646.9 42. PC 830.95
- PC 17500 27. PC 17510 43. PC 25300
- PC 25800 28. PC 26100(b) 44. PC 26100(d)
- PC 27510 29. PC 27590(c) 45. PC 29805
- PC 30315 30. PC 32625 46. W&I 871.5
- W&I 1001.5 31. W&I 8100
- W&I 103 32. W&I 8101
IIAre any charges a lifetime gun ban?
Yes, a conviction for Domestic Violence under PC 273.5 or Domestic Battery under PC 243(e) would result in a lifetime firearm ban. This means you cannot expunge your record or obtain a Certificate of Rehabilitation to obtain a firearm in the future. There is no current legal avenue you can take to own or possess a firearm with a conviction for either of those two charges.
IIIWhat if my charges are felony charges?
If you have a felony conviction, you also are forbidden to own or possess a firearm for life. If you possess a firearm with a prior felony conviction, then you could be charged for Felon in Possession of a Firearm under PC 29800, or Felon in Possession of Ammunition under PC 30305. However, if you receive a felony conviction, you may able to later reduce your charge to a misdemeanor if your original charge was a wobbler offense, under PC 17(b). You could also obtain a Certificate of Rehabilitation, so long as you have been crime-free for a certain time period, reside in California, and are not currently on Probation or Parole, to get a prior felony conviction removed from your record.
Whether you are eligible to reduce a felony charge to a misdemeanor charge depends on the case and what you were convicted of. Speak to a local criminal defense attorney in order to confirm what you can do to now own and possess a firearm.
Knowing your rights and consequences of a conviction can affect more than your freedom, but your future, and your right to own a firearm. It is important to pick a Criminal Defense Attorney that properly advises you so you can avoid a conviction that follows you for the rest of your life. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.