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CA gun purchase

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mesmeralda

Junior Member
What is the name of your state (only U.S. law)? CA
I have filled out the form to purchase a handgun where I currently live in CA and the DOJ put a hold on it pending a review of an arrest in Tucson, AZ. I was found guity of 13-1203A1 assault-intent/reckless/injure and 13-1602B4 criminal damage-all other in 1992. There was no damages so I didn't have to pay for any property. I did my single day in jail as per the court, paid my fine and have not gotten into an trouble since.
Will these two charges affect me purchasing and owning a handgun?
I apologize if I posted this in the wrong topic area.
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? CA
I have filled out the form to purchase a handgun where I currently live in CA and the DOJ put a hold on it pending a review of an arrest in Tucson, AZ. I was found guity of 13-1203A1 assault-intent/reckless/injure and 13-1602B4 criminal damage-all other in 1992. There was no damages so I didn't have to pay for any property. I did my single day in jail as per the court, paid my fine and have not gotten into an trouble since.
Will these two charges affect me purchasing and owning a handgun?
I apologize if I posted this in the wrong topic area.
was that a felony conviction?

looks like it might...
 

mesmeralda

Junior Member
13-1203A1 Assualt is a Class 1 misdemeanor
13-1602B4 Criminal damages is a Class 6 felony but "Crimenal Damages" is not listed on the CA penal code of restrictions for purchasing or owning a handgun.
This is what's got me confused. At first the were going to charge me with DV - Domestic Violence but it was plead down and I was charged with the two above and Domestic Violence was not charged or mentioned in my disposition.
 

Banned_Princess

Senior Member
13-1203A1 Assualt is a Class 1 misdemeanor
13-1602B4 Criminal damages is a Class 6 felony but "Crimenal Damages" is not listed on the CA penal code of restrictions for purchasing or owning a handgun.
This is what's got me confused. At first the were going to charge me with DV - Domestic Violence but it was plead down and I was charged with the two above and Domestic Violence was not charged or mentioned in my disposition.
I dont think you plead down far enough...

you were convicted of a felony. no gun for you.


2. PERSONS INELIGIBLE TO POSSESS FIREARMS AND AMMUNITION

Persons Convicted of Felonies
or Other Specified Crimes
Any person who (a) has been convicted of a felony under the laws of the United States, the State of
California, or any other state, government, or country,
or
(b) is addicted to any narcotic drug...
...may not own or have in his or her possession, custody, or control any firearm. (Penal Code § 12021(a).)


http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

page 19.

what are you confused about? that appears to be straightforward and direct.
 

mesmeralda

Junior Member
2. PERSONS INELIGIBLE TO POSSESS FIREARMS AND AMMUNITION

Persons Convicted of Felonies
or Other Specified Crimes
Any person who (a) has been convicted of a felony under the laws of the United States, the State of
California, or any other state, government, or country,
or
(b) is addicted to any narcotic drug...
...may not own or have in his or her possession, custody, or control any firearm. (Penal Code § 12021(a).)

what are you confused about? that appears to be straightforward and direct.[/QUOTE]

Okay here's where CA Penal code 12021
"(a) Notwithstanding subdivision (a) of Section 12021, any
person who has been previously convicted of any of the offenses
listed in subdivision (b)
and who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.

Of which I have not been convicted of...

subdivision (b)
(b) As used in this section, a violent offense includes any of the
following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape.
(4) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(5) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(6) Lewd acts on a child under the age of 14 years.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, that has been charged
and proven, or any felony in which the defendant uses a firearm
which use has been charged and proven.
(9) Attempted murder.
(10) Assault with intent to commit rape or robbery.
(11) Assault with a deadly weapon or instrument on a peace
officer.
(12) Assault by a life prisoner on a noninmate.
(13) Assault with a deadly weapon by an inmate.
(14) Arson.
(15) Exploding a destructive device or any explosive with intent
to injure.
(16) Exploding a destructive device or any explosive causing great
bodily injury.
(17) Exploding a destructive device or any explosive with intent
to murder.
(18) Robbery.
(19) Kidnapping.
(20) Taking of a hostage by an inmate of a state prison.
(21) Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.
(22) Any felony in which the defendant personally used a dangerous
or deadly weapon.
(23) Escape from a state prison by use of force or violence.
(24) Assault with a deadly weapon or force likely to produce great
bodily injury.
(25) Any felony violation of Section 186.22.
(26) Any attempt to commit a crime listed in this subdivision
other than an assault.
(27) Any offense enumerated in subdivision (a), (b), or (d) of
Section 12001.6.
(28) Carjacking.
(29) Any offense enumerated in subdivision (c) of Section 12001.6
if the person has two or more convictions for violating paragraph (2)
of subdivision (a) of Section 417.
 

CdwJava

Senior Member
Since a class 6 felony in Arizona is a felony, and said felony holds the possibility of one year or more in state prison, it is a disqualifying felony offense for possessing a firearm pursuant to CA state law (PC 12021) and federal law (18 USC 922).

12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, the State of California, or any other
state
, government, or country or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control any firearm is guilty of a felony.​

And, the feds, pursuant to 18 USC 922(g)(1) prohibits firearms possession for those who have been convicted of an offense punishable by a term of imprisonment for more than a year.

So, no, you cannot own a firearm in CA until or unless you get this record expunged in some way to a misdemeanor that does not hold a firearms prohibition with it.
 

mesmeralda

Junior Member
12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, the State of California, or any other
state
, government, or country or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control any firearm is guilty of a felony.​

And, the feds, pursuant to 18 USC 922(g)(1) prohibits firearms possession for those who have been convicted of an offense punishable by a term of imprisonment for more than a year.
None of these is applicable to my case...
12001.6. As used in this chapter, an offense which involves the
violent use of a firearm includes any of the following:
(a) A violation of paragraph (2) or (3) of subdivision (a) of
Section 245 or a violation of subdivision (d) of Section 245.
(b) A violation of Section 246.
(c) A violation of paragraph (2) of subdivision (a) of Section
417.
(d) A violation of subdivision (c) of Section 417.

(a) Sect. 245:---Not applicable
2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault weapon,
as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as
defined in Section 12278, shall be punished by imprisonment in the
state prison for 4, 8, or 12 years.

Section 246:---Not applicable
246. Any person who shall maliciously and willfully discharge a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle, occupied aircraft, inhabited housecar, as defined in
Section 362 of the Vehicle Code, or inhabited camper, as defined in
Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for
three, five, or seven years, or by imprisonment in the county jail
for a term of not less than six months and not exceeding one year.
As used in this section, "inhabited" means currently being used
for dwelling purposes, whether occupied or not.

Section 417 subdivision C: --- Not applicable
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, and who knows, or reasonably
should know, by the officer's uniformed appearance or other action
of identification by the officer, that he or she is a peace officer
engaged in the performance of his or her duties, and that peace
officer is engaged in the performance of his or her duties, shall be
punished by imprisonment in a county jail for not less than nine
months and not to exceed one year, or in the state prison.

18 USC (g)(1) ----which i did not serve any time for except a day in city jail.
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a
crime punishable by imprisonment for a term
exceeding one year;
 

Zigner

Senior Member, Non-Attorney
THIS is what gets you:

12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, the State of California, or any other
state, government, or country...
 

CdwJava

Senior Member
You missed the part I highlighted ...

Any person who has been convicted of a felony under
the laws of the United States, the State of California, or any other
state,​

You have been convicted of a felony. You were convicted of a felony in the state of Arizona. Ergo, you are prohibited pursuant to PC 12021(a) to possess a firearm.

12001.6 is for the OTHER offenses. Note the conjunction, "or" in the section prior to mentioning 12001.6 and the mention of being a drug addict.

Likewise you are prohibited pursuant to 18 USC 922(g)(1) as you were convicted of an offense that possesses a potential criminal penalty of more than one year in jail. It is not about the time YOU spent, but the penalty that is possible.

And a summary by the CA Attorney General concerning a CA appellate ruling:

It is a felony for any person who has been convicted of a felony or of an offense enumerated in subdivision (a), (b), or (d) of Penal Code section 12001.6, or who is addicted to the use of any narcotic drug, to own or have in his or her possession or under his or her custody or control any firearm. This is a permanent ban and would include, for instance, a misdemeanor conviction for assault with a firearm under Penal Code section 245, subdivision (a)(2). (Rash (1997) 59 Cal.App.4th 1233, 1239.)
 
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mesmeralda

Junior Member
Thanks for being patient with me I just want to read and understand the letter of the law...All in all it is what it is and perhaps I can get the charges reduced to a misdemeanor...all i can do is try...
Again thanks...
 

CdwJava

Senior Member
Thanks for being patient with me I just want to read and understand the letter of the law...All in all it is what it is and perhaps I can get the charges reduced to a misdemeanor...all i can do is try...
Again thanks...
You will have to see what options are available to you in Arizona. And, whether those options for a reduction of some kind will also restore your firearms rights in AZ as would be required under both federal and CA law.

You should consider seeking out the aid of an AZ attorney familiar with gun-related cases who can direct you on what to file and where.
 

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