The federal law says nothing about a felony conviction. It says if you can be sentenced to a year or more for the offense you are prohibited.
Actualy under federal law if it is classified as a misdemeanor by state law then it needs to be punishable by up to at least 2 years to disqualify.
One year if not classified as a misdemeanor by the state or is a felony.
Federal the only misdemeanor is something considered domestic violence.
Many states on the other hand do make you a prohibited person for a list of misdemeanors. Some permanently and some for a specified length of time.
It varies by each individual state.
Since you are in California you need to look up whether the offense makes you a prohibited person under state law.
Also if you have any form of probation and a term of probation is no firearms then you are a prohibited person, no different than a felon.
http://www.ag.ca.gov/firearms/forms/pdf/prohibcatmisd.pdf (attorney General site)
Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of
conviction, but the duration of each prohibition may vary. All statutory references are to the California Penal Code, unless
otherwise indicated.
C Threatening public officers, employees, and school officials (§ 71.)
C Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the
threat (§ 76.)
C Intimidating witnesses or victims (§ 136.1.)
C Possessing a deadly weapon with the intent to intimidate a witness (§ 136.5.)
C Threatening witnesses, victims, or informants (§ 140.)
C Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (§ 148(d).)
C Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (§ 171(b).)
C Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (§ 171(c).)
C Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers (§ 171(d).)
C Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (§ 186.28.)
C Assault (§§ 240, 241.)
C Battery (§§ 242, 243.)
C Assault with a stun gun or taser weapon (§ 244.5.)
C Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (§ 245.)
C Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a
school employee engaged in performance of duties (§ 245.5 .)
C Discharging a firearm in a grossly negligent manner (§ 246.3.)
C Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (§ 247.)
C Inflicting corporal injury on a spouse or significant other (§ 273.5.)*
C Wilfully violating a domestic protective order (§ 273.6.)
C Drawing, exhibiting, or using deadly weapon other than a firearm (§ 417(a)(1) and (a)(2).)
C Inflicting serious bodily injury as a result of brandishing (§ 417.6.)
C Making threats to commit a crime which will result in death or great bodily injury to another person (§ 422.)
C Bringing into or possessing firearms upon or within public schools and grounds (§ 626.9.)
C Stalking (§ 646.9.)
C Armed criminal action (§ 12023.)
C Possessing a deadly weapon with intent to commit an assault (§ 12024.)
C Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully
and maliciously discharges a firearm from a motor vehicle (§ 12034(b) or (d).)
C Criminal possession of a firearm (§ 12040.)
C Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (§ 12072(b).)
C Various violations involving sales and transfers of firearms (§ 12072(g)(3).)
C Person or corporation who sells any concealable firearm to any minor (former § 12100(a).)
C Unauthorized possession/transportation of a machine gun (§ 12220.)
C Possession of ammunition designed to penetrate metal or armor (§ 12320.)
C Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (§ 12590.)
C Bringing firearm related contraband into juvenile hall (§ 871.5 WIC.)
C Bringing firearm related contraband into a youth authority institution (§ 1001.5 WIC.)
C Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or
by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim
(§ 8100 WIC.)
C Providing a firearm or deadly weapon to a person described in WIC 8100 or 8103 (§ 8101 WIC.)
C Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered
sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under
conservatorship (§ 8103 WIC.)
The following misdemeanor convictions result in a lifetime prohibition:
C Assault with a firearm (§§ 12021(a)(1), 12001.6(a).)
C Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, housecar or camper (§§ 246, 12021(a)(1),
12001.6(b).)
C Brandishing a firearm in presence of a peace officer (§§ 417(c), 12001.6(d), 12021(a)(1).)
C Two or more convictions of 417(a)(2) (§ 12021(a)(2).)
* A “misdemeanor crime of domestic violence” (§§ 18 U.S.C. 921(a)(33)(A), 18 U.S.C. 922(g)(9).)
Note: The Department of Justice provides this document for informational purposes only. This list may not be inclusive of all
firearms prohibitions. For specific legal advice, please consult with an attorney licensed to practice law in California.
It is a long list. Some of the pettier ones are things such as brandishing a firearm in the presence of a peace officer. Happen to have a firearm in your hand when the police arrive? Lifetime prohibition if charged and convicted.
The assault or battery is also a big one. Any fighting at all, or even raising your hand against someone in the state is a 10 year prohibition. Many people are unaware of the definition of "assault". An Assault is only the threat of violence, like balling up your fist or getting in someone's face, not actualy touching the individual. Any contact is a battery, non-contact is an assault.
For example if someone comes up and says the most vulgar thing to your wife or daughter and you lay a hand on them or even threaten to then you lose your RKBA for at least 10 years.
Many self defense fights also result in charges for both parties, and the courts are left to sort out the details, so even in self defense many become prohibited persons that way.
Get angry with a "witness", or "informant" and it is considered a "threat" even because they are lying about details (perhaps saying you did something you didn't?) Prohibited person.
The same goes for public officers, judges and others on the list. Just getting visibly angry with a list of public employees can cause you to lose your RKBA if they feel threatened.
Little pocket knife on a keychain when you go into a court building? That violates "Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (§ 171(b).)"
Prohibited person.
So does having a pocket knife at a town hall meeting, or other public meeting.
Or as you see many on here advocate, "assault with a firearm", which can be both a misdemeanor or a felony charge. Taking a gun out if the reason for taking it out is later deemed to have not warranted display of the firearm then you receive a lifetime prohibition on your RKBA.
Suspicious person following you in an alley late at night and you pull out a gun before they attack or threaten you? Lifetime prohibition. Suspicious noise outside and you bring a firearm to investigate and actualy do find a person?
Store clerk in remote liqor store, gas station etc late at night sees suspicious individual walking around casing the place, they approach and appear to be going for a gun and the clerk pulls one? Lifetime prohibited person.
Essentialy if you ever use a firearm before a crime has actualy occured, even if you resonably believe one is about to occur you can receive a lifetime prohibition on your RKBA just for taking out a firearm.
Assault with a firearm is a lifetime prohibition.
Even if a crime is occuring and you pull out a firearm and it is not a crime that allows use of deadly force then it is a lifetime prohibition if charged. See a crime in progress, or even someone being attacked (a misdemeanor battery) and you take out a firearm which results in the ceasing of the attack and the criminal runs away? A good result? Lifetime prohibition if charged for the assault with the firearm. Even if it is you being attacked and you cannot prove a disparity of force, and pulling the firearm and firing no shots stopped the attack you can still recieve a lifetime prohibition on your RKBA.
These assault with a firearm examples are just examples of taking out a firearm, not actualy shooting it which is a whole different crime.
The list looks severe, but many of the statutes can be broken down and applied in really petty scenarios.
It is also not all inclusive. For example I know someone that got into misdemeanor trouble for transporting thier firearm wrong and also recieved a 10 year prohibition on thier RKBA and that is not on that list.
If you do fall into any of those statutes and possess a firearm then you can be charged and convicted of being a prohibited person in possession. The same charge a felon receives for having a firearm.
That is a felony and would of course result in permanent prohibition at the state and federal level.
