Can I purchase or own a gun if I have been convicted of a misdemeanor?
October 4, 2012 By Paul Wallin
Can I purchase or own a gun if I have been convicted of a misdemeanor? Also, how can I get my gun rights reinstated if I want to purchase a firearm?
A: California’s gun laws are some of the most complicated, vague and confusing laws of any laws on the books anywhere.
There are a number of misdemeanor offenses that require that a person who is convicted of the offense not possess a firearm for a 10-year period after the conviction. Some of the more common offenses include:
Threatening public officers – PC 71, 76
Intimidating a witness – PC 136
Threatening a witness – PC 140
Bringing a weapon into a public building – PC 171
Providing guns to criminal street gangs – PC 186.28
Exhibition of a firearm in a threatening manner – PC 417
Criminal threats – PC 422
Bringing a firearm on to school grounds – PC 626.9
Stalking – PC 646.9
Unlawfully transferring a gun without using a gun dealer – PC 27590
Selling a firearm to a minor – PC 12100(a)
When it comes to having your gun rights restored, there may be a number of possibilities available for you, depending on your circumstances. You should speak to an experienced Wallin & Klarich gun rights lawyer so we can discuss your options.
Call our law firm today at (877) 466-5245 for a free phone consultation.
14 comments
I have a misdemeanor thats over five years old for shoplifting will i be abled to get a gun license in california
Hi Katy,
Not all misdemeanor offenses affect your ability to obtain a gun license. Misdemeanor shoplifting is not likely to impact your ability to get a license for a gun. If you have any further questions about this matter, feel free to contact us at (877) 466-5245.
Thank you
My dad got arrested for exhibiting a firearm but his finger prints arent on the gun that the cops are accusing him of exhibiting now they sentenced him for it already but now they brought up another court date for the same thing is that possible i think this is just a hate crime because of the way the police sargent stated he would bring up a case since they didnt find wat they were called there for….
Hi Pedro,
You should contact an attorney to help your dad right away. Please call us at (877) 466-5245 so we can discuss your case in detail.
We look forward to your call.
Had a misdemenor.245pc. About 11 yrs..10 yr hold …can D.O.J hold for longer ?
I was charged with a misdemeanor accessory after the fact. And about to get off informal probation. Can i go the day after the end date to apply for firemarm or is there a wait period after my probation is over.
Hi Victor,
Was a firearm involved in the crime you were convicted of? We need more details about your case to give you a proper answer. Please contact our law firm at (877) 466-5245 so we can discuss your case in detail.
Thanks
I was charged with felony possession of a controlled substance which was later dropped to a mistamenar charge which I attended drug classes for and a year later I was told it would be removed from my record as long as I have no more run ins with the law which I have not… should I be fine?
Could you tell me if a misdemeanor 273d (23 years ago) would count as a misdemeanor crime of domestic violence with regards to federal firearms laws? The victim was the son of my girlfriend who was visiting my house. I was neither a parent or legal guardian. I was a stupid kid with a bunch of problems 20 years ago. Hoping to clear this last hurdle to be “normal”. I have attempted to get a PFEC through Ca DOJ to determine if I am prohibited, but because I have not been a resident of California for about 12 years, I am not able to get the PFEC.
Thank you,
Will traffic tickets that became warrants prevent me from buying a gun? Traffic tickets such as driving on suspended license and no registration.
Hi Prince,
According to the California Department of Justice, “any person who has a conviction for any misdemeanor listed in Penal Code section 29805 or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code section 8103 is prohibited from buying, owning, or possessing firearms or ammunition.” You should look into submitting a California Personal Firearms Eligibility Check, but beware that you could be arrested at any time if you have a warrant.
You should contact our experienced lawyers at (877) 466-5245 to see if we may be able to help you have your warrant cleared.
We look forward to your call!
Hello I have a question I have been charged for years ago a misdemeanor 538 PC impersonation of police officer I was convicted of it was convicted I’m sorry as misdemeanor but I recently got approved for being a security officer in the state of California but I’m a little bit skeptical of how I can go about getting my firearms permit and a CCW do you think this will hurt me in any type of way can I get my CCW can I become an armed security officer second question is I was a foster care child and I was in the foster care system when I turned 18 I was able to work with children and dietary service somebody told me that I’m a 5150 but if I was a 5150 I wouldn’t have become a security officer of the State of California right if you could please answer these questions it would help me so much
What is the wait time after a warrant has been recalled in purchasing a firearm. Currently i would be considered as a fugitive of justice for a dui conviction 9 years ago in which i moved counties and completed all dmv requirements. It will be the warrant recalled or quashed on the 17th when i appear next week. May 17 2017
This is a DOJ requirement for buying a firearm.
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I have a misdemeanor thats over five years old for shoplifting will i be abled to get a gun license in california
Hi Katy,
Not all misdemeanor offenses affect your ability to obtain a gun license. Misdemeanor shoplifting is not likely to impact your ability to get a license for a gun. If you have any further questions about this matter, feel free to contact us at (877) 466-5245.
Thank you
My dad got arrested for exhibiting a firearm but his finger prints arent on the gun that the cops are accusing him of exhibiting now they sentenced him for it already but now they brought up another court date for the same thing is that possible i think this is just a hate crime because of the way the police sargent stated he would bring up a case since they didnt find wat they were called there for….
Hi Pedro,
You should contact an attorney to help your dad right away. Please call us at (877) 466-5245 so we can discuss your case in detail.
We look forward to your call.
Had a misdemenor.245pc. About 11 yrs..10 yr hold …can D.O.J hold for longer ?
I was charged with a misdemeanor accessory after the fact. And about to get off informal probation. Can i go the day after the end date to apply for firemarm or is there a wait period after my probation is over.
Hi Victor,
Was a firearm involved in the crime you were convicted of? We need more details about your case to give you a proper answer. Please contact our law firm at (877) 466-5245 so we can discuss your case in detail.
Thanks
I was charged with felony possession of a controlled substance which was later dropped to a mistamenar charge which I attended drug classes for and a year later I was told it would be removed from my record as long as I have no more run ins with the law which I have not… should I be fine?
Could you tell me if a misdemeanor 273d (23 years ago) would count as a misdemeanor crime of domestic violence with regards to federal firearms laws? The victim was the son of my girlfriend who was visiting my house. I was neither a parent or legal guardian. I was a stupid kid with a bunch of problems 20 years ago. Hoping to clear this last hurdle to be “normal”. I have attempted to get a PFEC through Ca DOJ to determine if I am prohibited, but because I have not been a resident of California for about 12 years, I am not able to get the PFEC.
Thank you,
Will traffic tickets that became warrants prevent me from buying a gun? Traffic tickets such as driving on suspended license and no registration.
Hi Prince,
According to the California Department of Justice, “any person who has a conviction for any misdemeanor listed in Penal Code section 29805 or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code section 8103 is prohibited from buying, owning, or possessing firearms or ammunition.” You should look into submitting a California Personal Firearms Eligibility Check, but beware that you could be arrested at any time if you have a warrant.
You should contact our experienced lawyers at (877) 466-5245 to see if we may be able to help you have your warrant cleared.
We look forward to your call!
Hello I have a question I have been charged for years ago a misdemeanor 538 PC impersonation of police officer I was convicted of it was convicted I’m sorry as misdemeanor but I recently got approved for being a security officer in the state of California but I’m a little bit skeptical of how I can go about getting my firearms permit and a CCW do you think this will hurt me in any type of way can I get my CCW can I become an armed security officer second question is I was a foster care child and I was in the foster care system when I turned 18 I was able to work with children and dietary service somebody told me that I’m a 5150 but if I was a 5150 I wouldn’t have become a security officer of the State of California right if you could please answer these questions it would help me so much
What is the wait time after a warrant has been recalled in purchasing a firearm. Currently i would be considered as a fugitive of justice for a dui conviction 9 years ago in which i moved counties and completed all dmv requirements. It will be the warrant recalled or quashed on the 17th when i appear next week. May 17 2017
This is a DOJ requirement for buying a firearm.