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Under the Second Amendment, individuals are granted the right to protect themselves and their property, particularly through the ownership and use of firearms. However, it’s crucial to understand that this right is often seen as a privilege that can be subject to various restrictions.
Understanding Firearm Prohibitions in California
In both state and federal jurisdictions, specific laws restrict certain individuals from possessing firearms. Under 18 U.S.C. § 922, the following groups are prohibited from shipping, transporting, or possessing firearms and ammunition:
- Convicted felons
- Fugitives from justice
- Addicts or unlawful users of controlled substances
- Noncitizens
- Individuals dishonorably discharged from the Armed Forces
- Ex-pats (those who have renounced their U.S. citizenship)
- People diagnosed with a mental illness or institutionalized
- Individuals convicted of a domestic violence misdemeanor
- Those under a restraining order for harassment, stalking, or threatening an intimate partner or child
- Anyone indicted for a crime punishable by more than one year of imprisonment
In California, as outlined in California Penal Code § 29800, anyone convicted of a felony—whether under the laws of the United States, California, or any other state—is prohibited from possessing, owning, purchasing, or receiving a firearm. Possessing a firearm under such conditions can lead to serious felony charges.
Duration of Firearm Restrictions for Convicted Individuals
A felony conviction leads to a lifetime restriction of firearm privileges. The California Department of Justice Bureau of Firearms specifies that specific misdemeanor convictions can result in firearm restrictions ranging from five years to a lifetime. Below are instances where the possession of firearms is restricted:
Five-Year Restrictions
- Individuals who knowingly possess a firearm or ammunition after being prohibited due to a gun violence restraining order.
Ten-Year Restrictions
- Traffic violations related to firearm use from a vehicle.
- Convictions for stalking, assault, or related offenses.
- Bringing contraband into juvenile facilities.
- Carrying a loaded or concealed weapon.
- Discharging a firearm from a vehicle illegally.
- Witness intimidation.
Permanently Restricted Offenses
- Assault with a firearm
- Domestic violence incidents
- Displaying a firearm in the presence of law enforcement
- Firing at inhabited structures: homes, vehicles, planes, etc.
Restoration of Firearm Rights Post-Conviction
Individuals convicted under California law have two primary avenues to restore their gun rights. They can either seek a pardon from the governor or pursue a reduction of their felony conviction to a misdemeanor. It’s important to note that only specific convictions may be eligible for reduction, so consulting with an attorney is essential. Additionally, expunging or sealing criminal records does not automatically restore firearm privileges.
Can a Convicted Felon Utilize a Shooting Range?
Even if certain shooting ranges do not perform background checks, it’s inadvisable for individuals with restricted gun rights to visit a range. Engaging in activities requiring firearm handling can result in severe legal consequences. If you have restrictions on your gun rights, handling or even possessing firearms, even temporarily, could lead to significant penalties.
Contact the Law Offices of Nabiel C. Ahmed for Legal Expertise
If you are dealing with weapons violation charges or any related criminal offenses, don’t hesitate to reach out to the Law Offices of Nabiel C. Ahmed, a leading Criminal Defense firm based in Oakland, California. Facing such charges can tremendously impact your rights and freedom, and understanding your legal position is critical.
Schedule a consultation with our experienced team today to discuss your situation in depth. Take the first step toward protecting your rights; contact us online or call us at 510-576-5544. We offer services in Spanish as well, ensuring accessible legal representation for all.
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