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Little Known Grounds for Receiving a Firearm Prohibition
In today’s uncertain economic climate, with unemployment rising and crime increasing, it seems everyone has thought about buying a gun “for protection.” We have had numerous phone calls from people who have been turned down for buying a gun and call to ask if such a ban is proper.
Many people do know that a federal ban for life applies if they are convicted of any felony or misdemeanor domestic violence (Penal Code § 273.5). There also may be ten-year or five year ban under state law (explained in more detail under Penal Code § 29805, as well as Article 1723 on this website).
The Gist of this Article: There are many ways one can lose one’s Second Amendment rights, including 17 ways listed in this article and 49 ways in the following article, many of which our clients or callers to our firm never suspected.
There are numerous other reasons that may explain why one has a federal or state ban on owning, purchasing or possessing a firearm (or ammunition). The following is a list of some of the less well-known reasons:
- Any person who is an illegal alien;
- Any person who was discharged from the military under dishonorable conditions;
- Any person who was convicted of, or under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
- Any person who is addicted to the use of narcotics;
- Any person who is adjudicated to be a mentally disordered sex offender;
- Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code § 5150, assessed under Welfare and Institutions Code § 5151, and admitted to a mental health facility under Welfare and Institutions Code §§ 5151, 5152, or certified under Welfare and Institutions Code §§ 5250, 5260 or 5270.15;
- Any person who is subject to a Gun Violence Restraining Order (GVRO);
- Any person who is found by a court to be not guilty by reason of insanity (NGI);
- Any person who is found by a court to be mentally incompetent to stand trial (Penal Code § 1368);
- Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder, or impairment by chronic alcoholism;
- Any person who is subject to a temporary restraining order or an injunction issued pursuant to California Code of Civil Procedure §§ 527.6 or 527.8, or a protective order as defined in Family Code § 6218, a protective order issued pursuant to Penal Code § 136.2 or 646.91, a protective order issued pursuant to Welfare and Institutions Code § 15657.03, or by a valid order issued by an out-of-state jurisdiction that is similar to equivalent to a temporary restraining order, injunction, or protective order, as specified above, that includes a prohibition from owning or possessing a firearm;
- Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement;
- Any person who has been convicted of, or has an outstanding warrant for, 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 California Penal Code § 23515(a), (b), or (d) (Penal Code §§ 245(a)(2), 245(a)(3) or 245(d));
- Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code § 707(b), an offense described in Penal Code § 1203.073(b), or any offense enumerated in Penal Code § 29805 (which includes approximately 50 crimes, most of which are wobblers, and which are listed separately in Article 1723 on this website);
- Any person who has renounced his or her U.S. Citizenship;
- Any person who has been convicted of, or has an outstanding warrant for, a misdemeanor listed in Penal Code § 29805 (which includes approximately 50 crimes, most of which are wobblers, and which are listed separately in Article 1723 on this website); or
- Any person who is a fugitive from justice, which can include a person who has escaped from jail or prison or who is in violation of parole or probation.
For more information about firearm ownership issues, please click on the following articles:
