California may not be as enthusiastic about firearms as other states, such as Arizona and Texas, but that does not mean its citizens do not value their firearms. Many of California’s residents stand by their rights to bear arms and they feel these rights are critical to protect their families, their homes and themselves, especially in the event of an active shooter or a home invasion scenario.
If you are facing criminal charges in Oakland or anywhere else in the East Bay and you value your right to possess firearms you may be wondering, “Will a criminal conviction prevent me from possessing firearms? Will I have to hand my weapons over?” These are valid questions, especially if you currently own firearms or plan to in the future.
It is important that you understand California’s weapons laws because if you become what’s called a “prohibited possessor” and you possess or shoot (even at a shooting range) a firearm, you can face serious weapons charges, a probation violation and other serious consequences if you are caught breaking the law.
Prohibited Possessors in California
Certain classes of individuals are considered “prohibited possessors” under California law. This means it is against the law for these individuals to possess a firearm. In a nutshell, prohibited possessors include:
- Anyone convicted of a felony, including felony DUI.
- People convicted of certain firearm offenses.
- Anyone who has an active domestic violence restraining order against them.
- Anyone who has been committed to a mental health hospital.
- Individuals convicted of certain (violent) misdemeanor offenses, such as assault, possessing a firearm in a school zone, intimidating or threatening a witness, and throwing a flammable substance on another person.
Will a conviction of a non-violent misdemeanor bar you from possessing a firearm in California? Generally, no, but a conviction of a felony, even a nonviolent felony, can prevent you from possessing a firearm for the rest of your life.
If you’re like most people, you desire to possess a handgun, shotgun or rifle to protect yourself, your loved ones and your property from dangerous criminals who intend to cause you harm. Since this right is sacred, you don’t want criminal charges to risk your personal safety and your right to bear arms. For the defense you need and deserve, contact us at the Law Office of Nabiel C. Ahmed.