The Second Amendment of the United States Constitution says that our right to keep and bear arms “shall not be infringed.” This is a right that many California residents take seriously, especially when it comes to defending their families and their homes.
With the right to bear arms comes the responsibility to know and understand all local, state and federal laws regarding firearms, and this includes what classes of individuals fall into the category of “prohibited possessors” under California law.
If you are facing criminal charges in Oakland and you own or intend to purchase a firearm in the near future, you may be wondering, “If I am convicted of a crime, does that mean I can’t purchase a gun?”
This is a very good question indeed and we commend you for thinking responsibly in regards to how a conviction would impact your ability to possess or purchase firearms. Please, continue reading as we shed light on the subject.
Prohibited Possessors Under California’s Gun Laws
Under California law, certain individuals are NOT eligible to possess or purchase firearms; these “prohibited possessors” include:
- Individuals convicted of any felony, including felony DUI.
- Offenders convicted of violent crimes, such as: rape, sodomy by force or violence, lewd acts on a child under 14, oral copulation by force, rape, voluntary manslaughter, murder, mayhem, carjacking, robbery, kidnapping, etc.
- Individuals with two or more convictions for displaying a deadly weapon during a quarrel.
- Offenders who have been adjudicated mentally disordered sex offenders.
- Individuals found to be mentally incompetent for trial.
- Individuals deemed “not guilty” by reason of insanity.
- Anyone facing felony charges.
- Voluntary patients in mental health facilities.
- Individuals addicted to drugs.
- Individuals who have a protective order against them for domestic violence.
Civil Rights Restoration
If you are convicted of any felony offense, or if you lose your right to bear arms because you become a “prohibited possessor” and you lose your civil rights, you cannot possess or purchase a firearm until your civil rights are restored.
To have your civil rights restored, you have to meet the eligibility requirements and you must follow a specific application process; we can fully explain this process and timeline so you know what to expect.
Are you facing criminal charges? To learn how your right to bear arms may be affected by a possible conviction, contact the Law offices of Nabiel C. Ahmed. We can provide legal advice and an aggressive defense!