Ways in which you can be prohibited from owning or possessing a firearm

Both the California penal and Welfare & Inbstututions Code set forth ways a person can be rendered unable to own/possess a firearm  Here ia. brief summary. 

Lifetime Prohibitions

• Any person convicted of any felony or any offense enumerated in Penal Code section 29905 .
• Any person convicted of an offense enumerated in Penal Code section 23515 .
• Any person with two or more convictions for violating Penal Code section 417, subdivision (a)(2) .
• Any person adjudicated to be a mentally disordered sex offender . (Welf . & Inst . Code, § 8103, subd . (a)(1) .)
• Any person found by a court to be mentally incompetent to stand trial or not guilty by reason of insanity of any crime, unless the court has made a finding of restoration of competence or sanity . (Welf . & Inst . Code, § 8103, subds . (b)(1), (c)(1), and (d)(1) .)

10-Year Prohibitions
Any person convicted of a misdemeanor violation of the following:

• Penal Code sections
  • 71,
  • 76,
  • 136.5,
  • 140,
  • 148(d),
  • 171b,
  • 171c,
  • 171d,
  • 186.28,
  • 240,
  • 241,
  • 242,
  • 243,
  • 244.5,
  • 245,
  • 245.5,
  • 246,
  • 246.3,
  • 247,
  • 273.5,
  • 273.6,
  • 417,
  • 417.1,
  • 417.2,
  • 417.6,
  • 422,
  • 626.9,
  • 646.9,
  • 830.95 (a),
  • 17500,
  • 17510 (a),
  • 25300,
  • 25800,
  • 27510,
  • 27590 (c),
  • 30315, or
  • 32625, 

• Welfare and Institutions Code sections
• 871.5,
• 1001.5,
• 8100,
• 8101, or
• 8103 .

5-Year Prohibitions
Any person taken into custody as a danger to self or others, assessed, and admitted to a mental health facility under Welfare and Institutions Code sections 5150, 5151, 5152; or certified under Welfare and Institutions Code sections 5250, 5260, 5270 .15 . Persons certified under Welfare and Institutions Code sections 5250, 5260, or 5270 .15 may be subject to a lifetime prohibition pursuant to federal law .

Juvenile Prohibitions
Juveniles adjudged wards of the juvenile court are prohibited until they reach age 30 if they committed an offense listed in Welfare and Institutions Code section 707, subdivision (b) . (Pen . Code, § 29820 .)

Miscellaneous Prohibitions

• Any person denied firearm possession as a condition of probation pursuant to Penal Code section 29900, subdivision (c) .
• Any person charged with a felony offense, pending resolution of the matter. (18 U .S .C . § 922(g) .)
• Any person while he or she is either a voluntary patient in a mental health facility or under a gravely disabled conservatorship (due to a mental disorder or impairment by chronic alcoholism) and if he or she is found
  to be a danger to self or others . (Welf . & Inst . Code, § 8103, subd . (e) .)
• Any person addicted to the use of narcotics . (Pen . Code, § 29800(a).
• Any person who communicates a threat (against any reasonably identifiable victim) to a licensed psychotherapist which is subsequently reported to law enforcement, is prohibited for six months . (Welf . & Inst . Code, § 8100, subd . (b) .)
• Any person who is subject to a protective order as defined in Family Code section 6218 or Penal Code section 136 .2, or a temporary restraining order issued pursuant to Code of Civil Procedure sections 527 .6 or 527 .8

​Personal Firearms Eligibility Check

• Any person may obtain from the DOJ a determination as to whether he or she is eligible to possess firearms (review of California records only) . The personal firearms eligibility check application form and instructions are on the DOJ website at http://oag .ca .gov/firearms/forms . The cost for such an eligibility check is $20 . (Pen . Code, § 30105 .)

If a conviction is rendering it impossible for you to own/possess a firearm, there may be ways to get that conviction removed from your record.  Give Devina a call, and see if she can help!