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If you have been convicted of certain Misdemeanors or any Felony offense or have are the subject of a restraining order your gun rights will be affected.  Unfortunately the gun laws have both a state and federal component that are very difficult and confusing.  You should definitely consult an Attorney for a full indication of how your situation will affect your ability to own or possess a firerarm.  

RESTRAINING ORDER

Someone who is the subject of a restraining order cannot have possesion of a firearm while the restraining order is in effect.  Whether it is a civil or criminal restraining order. 

Whenever a criminal restraining order is in effect the police will be notified. And they can with a warrant enter your house to look to see if you have a weapon. 

If the police show up at your residence without a warrant then you can tell them to leave they will either get a warrant or they cannot enter.  

Regardless you should not have a weapon in your possesion if you are the subject of a restraining order. 

STATE LAW

If you have a Felony charge reduced to a Misdemeanor you can sometimes possess a weapon again.  I say sometimes because you should get an opinion from an Attorney before possessing a weapon after a Felony conviction. And nothing on this site is meant as specific legal advice which you should get from an Attorney regarding your personal legal problem.

MISDEMEANOR CONVICTIONS

A misdemeanor conviction for domestic battery will stop you from possesing a gun for a 10 year period.   This could be true even if the crime you pled to was not a violation of pc 243e or a violation of 273.5 which are the two domestic violence related misdemeanors.

I will give an example below.

FEDERAL LAW

Federal law determines who can buy  or legall obtain firearms. And the law is different from the state laws.   And should definitely be looked into before buying or obtaining a firearm. 

The Federal Statute is 18 U.S.C.  922 (g)(1-9)

Which gives a list of people that are prohibited from possesing shipping transporting or recieving firerams or ammunition.  

this includes 

a person that is convicted of a crime punishable by more than one year

a fugitive from justice

a person that has been adjudged mentally defective

a  person unalfully in the United States

and a person convicted of a domestic violence related offense. 

This is not in any way an exhaustive list. 

Under Federal Law you cannnot own posses or buy a firearm after any of these events have occured where this can be very tricky is if your state gun rights are restored you will still not be able to buy a firearm and under Federal Law possess a firearm. 

So lets take on scenerio.  You and your wife get into a fight she call the police she has a small mark on her arm.  You enter a conditional plea to a non domestic violecne 242 simple battery.  You complet a class and the case is dismissed under this scenerio you may have had your gun rights permanently taken away. 

Because the Federal Government will say that you entered into a plea of guilty even though conditional and it was for domestic violence or stemming from domestic violence (even though you pled to a non domestic violence charge) the federal government under the above-mentioned statute can and will stop you from buying a gun in the future.  And there is no time prohibition they can do this indefinetely.  And you can get proesecuted under this statute if you are found to be in possession of a weapon.  As you can see these laws are confusing and tough to understand give us a call 559441-1418.

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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