Family Violence and Firearms
Did you know that a domestic violence conviction could result in you losing your gun rights for the rest of your life? According to both California and federal law, people with domestic violence convictions can be prohibited from possessing a firearm.
California’s ‘Felon with a Firearm’ law is found in Penal Code section 29800. According to the code, it is a felony for anyone convicted of a felony to be in possession of a gun. It should be noted that the basis felony conviction does not have to be in California but anywhere in the world. In other words, if you have a felony conviction from any jurisdiction at any time on your record, you will be prohibited from possessing a firearm in the State of California. As a felony, a felon with a firearm conviction will result in up to 16 months or two to three years served in a California state prison and/or a maximum fine of $10,000.00.
Ten Year Ban for Misdemeanors
However, it isn’t only prior felony convictions that could lead to a firearm ban. In some circumstances, excessive misdemeanor convictions can also prohibit you from owning a firearm. According to California Penal Code section 29805, if one has about 40 prior misdemeanor convictions the court can issue you a ten year firearms ban.
When one of these misdemeanor convictions is domestic violence misdemeanors (i.e., battery, threats, stalking, etc.), you will be prohibited from possessing a firearm for a period of ten years. It is important to note that in the case of domestic violence misdemeanors, the 40 count does not apply. A single domestic violence misdemeanor conviction will trigger the 10 year ban.
Don’t Forget the Feds
Unfortunately, your troubles will not end with the California ten year ban. According to federal law, a domestic violence conviction of any kind will lead to a lifetime firearms ban.
Remember, even though this is in contradiction to California law’s ten year ban, according to the Constitution, when federal and California laws conflict, federal law always wins. So if you are convicted of a domestic violence crime in California, in all likelihood you will never be able to own a gun again. If you are caught owning a gun, under federal law you could face a fine of up to $250,000 and/or up to 10 years served in a federal prison.
Clearly, there is a lot at risk. For instance, if you are an avid hunter, a simple domestic violence misdemeanor conviction could end your hunting days. For this reason, it is essential that you consult the advice of an experienced California criminal defense attorney. Call the Law Offices of Jonathan I. Kelman at 310.286.1218 today for your free initial consultation.