What Convictions Can Prohibit Me From Owning a Firearm?
What 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
Are 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.
What 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.
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Understanding your rights and the potential consequences of a criminal conviction is critical. A conviction can affect various aspects of your life, including your freedom, future prospects, employment opportunities, and your right to own a firearm. Therefore, it’s crucial to have a skilled Criminal Defense Attorney who can provide proper advice and representation to help you avoid a conviction that could follow you for the rest of your life.
At Inland Empire Criminal Defense, we understand the gravity of criminal charges and the long-lasting impact they can have. Our team is dedicated to ensuring that you fully understand your rights and the implications of the charges against you. We provide vigorous defense and strategic counsel aimed at achieving the best possible outcome for your case.
If you or a loved one is facing criminal charges, don’t hesitate to seek professional legal assistance. Contact your local Ontario Criminal Defense Attorney at Inland Empire Defense by calling 909-939-7126. Located in Ontario, we are here to offer our expertise and support, helping you navigate through this challenging time with the goal of protecting your future and preserving your rights.
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