Owning an out-of-state gun in California?
- Thread starter Solomon
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I'd like to see a citation here. As far as I'm aware (and I try to keep pretty aware) the conditions for becoming a prohibited possessor here in CA are pretty universal. Convicted felon, restraining order, DV, fugitive from justice (includes that bench warrant from a three year old speeding ticket, don't you know) adjudicated, addicted, or under conditions of parole / probation.
I'm pretty sure it's also common in LA county in particular, that if you can be identified as a member of a "known criminal organization" which has an injunction against it, the conditions of that injunction may prohibit you from possessing (which is total BS, but one thing at a time). I'm only familiar with this one because our local city PD is in the process of some heavy handed and rather annoying probing of the MC I belong to in an attempt to associate us with the local dominant diamond MC. They're real boneheads about it too, I sat on a cops bumper for 40 minutes the other night running out of ways to say "thats none of your business". I digress.
I'm no supporter of the way CA treats 2A, and it's armed citizens in general. But I don't believe there are any more arbitrary ways to disarm you here than anywhere else. Mostly it's about fees, paperwork, and restrictions designed to discourage the financial lower class from being armed, and that's no shocker.
Sir Aardvark
Member
Direct from the CA Dept of Justice Firearms website's summary booklet of laws:
http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf
to view the entire DOJ-Firearms website:
http://ag.ca.gov/firearms/
As you can see there are plenty of misdemeanor offenses that curtail one's gun rights. How this compares to other states, I don't know...
Persons Convicted of Misdemeanor Violations of Specified Offenses
Any person convicted of a misdemeanor violation for one or more of the following offenses is
prohibited from owning, possessing or having under his or her custody or control any firearm within
10 years of the conviction (Penal Code § 12021(c)(1)):
• Threatening public officers and employees and school officials. (Penal Code § 71.)
• Threatening certain public officials, appointees, judges, staff or their immediate
families. (Penal Code § 76.)
• Possession of a deadly weapon with intent to commit an assault (Penal
Code § 12024.)
• Possession of a deadly weapon with the intent to intimidate a witness. (Penal Code
§ 136.5.)
• Unauthorized possession/transportation of a machinegun. (Penal Code § 12220.)
• Threatening witnesses, victims, or informants. (Penal Code § 140.)
• Obstructing or delaying an officer or emergency medical technician and removing or attempting
to remove a firearm from these individuals. (Penal Code § 148(d).)
• Unauthorized possession of a weapon in a courtroom, courthouse or court building,
or at a public meeting. (Penal Code § 171b.)
• Bringing into or possessing a loaded firearm within the state capitol, legislative
offices, etc. (Penal Code § 171c.)
• Taking into or possessing loaded firearms within the Governor’s Mansion or
residence or other constitutional office, etc. (Penal Code § 171d.)
• Supplying firearms to any street gang member for use in street gang activity. (Penal
Code § 186.28.)
• Assault. (Penal Code §§ 240, 241.)
• Battery. (Penal Code §§ 242, 243.)
• Assault with a stun gun or taser weapon. (Penal Code § 244.5.)
• Assault with a deadly weapon or force likely to cause great bodily injury. (Penal
Code § 245.)
• 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 the
performance of duties. (Penal Code § 245.5.)
• Discharging a firearm in a grossly negligent manner. (Penal Code § 246.3.)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or
dwelling house. (Penal Code § 247.)
• Drawing or exhibiting any deadly weapon, including a firearm, in a rude or
threatening manner. (Penal Code § 417.)
California Firearms Laws 2007 21
• Drawing or exhibiting a firearm or other deadly weapon with the intentional
infliction of serious bodily injury. (Penal Code § 417.6.)
• Bringing into or possessing firearms upon or within public or private schools,
playgrounds and youth centers. (Penal Code § 626.9.)
• Willful infliction of corporal injury of a spouse or cohabitant. (Penal Code § 273.5.)
• Willful violation of a court order to prevent domestic violence. (Penal Code
§ 273.6.)
• Stalking. (Penal Code § 646.9.)
• Carrying a loaded firearm with the intent to commit a felony. (Penal Code § 12023.)
• Driver or owner 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. (Penal Code §§ 12034(b) and (d).)
• Criminal possession of a firearm. (Penal Code § 12040.)
• Selling a concealable firearm to a minor. (Penal Code § 12072(b).)
• Possessing handgun ammunition designed to penetrate metal or armor. (Penal Code §12320.)
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace
officer uniform while picketing, carrying a concealed loaded weapon, or wearing a peace officer
uniform. (Penal Code § 12590.)
• Possession of a firearm by a person ineligible to possess firearms because of his or
her mental history. (Welfare and Institutions Code § 8100).
• Providing a firearm or deadly weapon to a person who is prohibited from possessing firearms
because of his or her mental history. (Welfare and Institutions Code § 8101).
• Possession of a firearm by a person ineligible to possess firearms because of specific mental
prohibitions. (Welfare and Institutions Code § 8103).
• Bringing or sending firearms or other contraband into a juvenile detention facility.
(Welfare and Institutions Code § 871.5)
• Bringing or sending firearms or other contraband into youth authority institutions.
(Welfare and Institutions Code § 1001.5.)
• Violating Penal Code section 12072 involving sales and transfers of firearms,
including:
- selling or furnishing a firearm to any person whom the individual has reason to
believe is within a prohibited class;
- selling or furnishing a handgun to a minor;
- selling or furnishing a firearm to any person whom the seller knows, or has cause
to believe, is not intended to be the actual purchaser or transferee;
- acquiring a firearm for the purpose of providing it to a prohibited individual;
- selling or transferring a firearm without having the transaction processed through a licensed
dealer or law enforcement agency;
- committing any act of collusion relating to a Handgun Safety Certificate.
• Intimidating a witness or victim. (Penal Code § 136.1.)
• Threatening to cause death or great bodily injury to another person. (Penal
Code § 422)
Persons
http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf
to view the entire DOJ-Firearms website:
http://ag.ca.gov/firearms/
As you can see there are plenty of misdemeanor offenses that curtail one's gun rights. How this compares to other states, I don't know...
Persons Convicted of Misdemeanor Violations of Specified Offenses
Any person convicted of a misdemeanor violation for one or more of the following offenses is
prohibited from owning, possessing or having under his or her custody or control any firearm within
10 years of the conviction (Penal Code § 12021(c)(1)):
• Threatening public officers and employees and school officials. (Penal Code § 71.)
• Threatening certain public officials, appointees, judges, staff or their immediate
families. (Penal Code § 76.)
• Possession of a deadly weapon with intent to commit an assault (Penal
Code § 12024.)
• Possession of a deadly weapon with the intent to intimidate a witness. (Penal Code
§ 136.5.)
• Unauthorized possession/transportation of a machinegun. (Penal Code § 12220.)
• Threatening witnesses, victims, or informants. (Penal Code § 140.)
• Obstructing or delaying an officer or emergency medical technician and removing or attempting
to remove a firearm from these individuals. (Penal Code § 148(d).)
• Unauthorized possession of a weapon in a courtroom, courthouse or court building,
or at a public meeting. (Penal Code § 171b.)
• Bringing into or possessing a loaded firearm within the state capitol, legislative
offices, etc. (Penal Code § 171c.)
• Taking into or possessing loaded firearms within the Governor’s Mansion or
residence or other constitutional office, etc. (Penal Code § 171d.)
• Supplying firearms to any street gang member for use in street gang activity. (Penal
Code § 186.28.)
• Assault. (Penal Code §§ 240, 241.)
• Battery. (Penal Code §§ 242, 243.)
• Assault with a stun gun or taser weapon. (Penal Code § 244.5.)
• Assault with a deadly weapon or force likely to cause great bodily injury. (Penal
Code § 245.)
• 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 the
performance of duties. (Penal Code § 245.5.)
• Discharging a firearm in a grossly negligent manner. (Penal Code § 246.3.)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or
dwelling house. (Penal Code § 247.)
• Drawing or exhibiting any deadly weapon, including a firearm, in a rude or
threatening manner. (Penal Code § 417.)
California Firearms Laws 2007 21
• Drawing or exhibiting a firearm or other deadly weapon with the intentional
infliction of serious bodily injury. (Penal Code § 417.6.)
• Bringing into or possessing firearms upon or within public or private schools,
playgrounds and youth centers. (Penal Code § 626.9.)
• Willful infliction of corporal injury of a spouse or cohabitant. (Penal Code § 273.5.)
• Willful violation of a court order to prevent domestic violence. (Penal Code
§ 273.6.)
• Stalking. (Penal Code § 646.9.)
• Carrying a loaded firearm with the intent to commit a felony. (Penal Code § 12023.)
• Driver or owner 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. (Penal Code §§ 12034(b) and (d).)
• Criminal possession of a firearm. (Penal Code § 12040.)
• Selling a concealable firearm to a minor. (Penal Code § 12072(b).)
• Possessing handgun ammunition designed to penetrate metal or armor. (Penal Code §12320.)
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace
officer uniform while picketing, carrying a concealed loaded weapon, or wearing a peace officer
uniform. (Penal Code § 12590.)
• Possession of a firearm by a person ineligible to possess firearms because of his or
her mental history. (Welfare and Institutions Code § 8100).
• Providing a firearm or deadly weapon to a person who is prohibited from possessing firearms
because of his or her mental history. (Welfare and Institutions Code § 8101).
• Possession of a firearm by a person ineligible to possess firearms because of specific mental
prohibitions. (Welfare and Institutions Code § 8103).
• Bringing or sending firearms or other contraband into a juvenile detention facility.
(Welfare and Institutions Code § 871.5)
• Bringing or sending firearms or other contraband into youth authority institutions.
(Welfare and Institutions Code § 1001.5.)
• Violating Penal Code section 12072 involving sales and transfers of firearms,
including:
- selling or furnishing a firearm to any person whom the individual has reason to
believe is within a prohibited class;
- selling or furnishing a handgun to a minor;
- selling or furnishing a firearm to any person whom the seller knows, or has cause
to believe, is not intended to be the actual purchaser or transferee;
- acquiring a firearm for the purpose of providing it to a prohibited individual;
- selling or transferring a firearm without having the transaction processed through a licensed
dealer or law enforcement agency;
- committing any act of collusion relating to a Handgun Safety Certificate.
• Intimidating a witness or victim. (Penal Code § 136.1.)
• Threatening to cause death or great bodily injury to another person. (Penal
Code § 422)
Persons
The poster above listed the official list.
The ones that can be applied in more petty situations include:
Arguing with a school teacher or other employee of the state if they feel threatened can result in a 10 year prohibition. What charges if any result are discretionary. But if they feel you arguing with the teacher, DMV employee etc is a threat, 10 year prohibition.
This could also include public employees like water and code enforcement trespassing on land, and other state employees.
A small legal pocket knife accidentally carried into a courthouse or even to a local town hall, or any "public meeting" (including places with no security) is a 10 year prohibition.
This includes any fight with any person. In most self defense situations the officers will charge everyone involved and let the court determine the details.
Many people also misunderstand what an assault is. An assault is when no harm is actually done. Like balling up a fist but never throwing a punch.
This applies in any circumstance. So if say someone is sexually harassing your wife/girlfriend in front of you, just getting in their face or otherwise intimidating them would be an assault. Any contact is a battery.
Even if someone else like some hothead gets into your face and you have done nothing wrong, if you don't back down assault charges will typically stick on both parties if charged.
This typically means thugs and bullies must legally be allowed to win any argument or disagreement (because they will progress to intimidation or physical force) or you risk becoming prohibited.
10 year prohibition.
It is illegal to picket or protest even with a concealed carry permit while you have a loaded firearm.
Lifetime prohibition if a firearm is brandished in the presence of a peace officer.
Brandishing is a charge often given when something more serious was not done.
Because if someone was actually threatened then a felony assault with a deadly weapon charge is given.
Brandishing is often given in relatively petty situations, often so petty they are dropped in court because nothing illegal was even done.
Some people legally open carrying unloaded firearms have been given brandishing charges. Most should beat them, but some don't.
However if they stick (random jury) it is a lifetime prohibition if a cop witnessed it (which they did if it is for open carrying or transporting in a way they do not like.)
Keep in mind many of the things on the list can be charged as felonies, so if they are charged as misdemeanors to begin with it is usually because they are minor.
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Oh another good one:
Lets say you piss off an ex or have a disagreement with someone over some financial issue. Lets say as a result they decide to falsely accuse you of something you never did. Maybe domestic violence as has been the case for some on this board.
Or maybe they just decide to claim some financial or property based lie which both of you know is totally fabricated.
Lets even say one of their friends is willing to lie in support of whatever the accusations are, as some do.
Now if some point later you were to run into either of them them or talk to them and tell them to knock of the BS or otherwise intimidate them you just intimidated a victim or witness.
10 year prohibition.
So getting angry with someone filing a false police report or pressing false charges and telling them they better not or to stop what they are doing is a 10 year prohibiting offense.
Now about that thing you stole from me Noxx. I am pressing charges! I am tired of being your victim!
Get yourself a safety deposit box at a bank or a good friend with a safe in WA and leave your non CA pistols behind for 9 months. As far as I know there is no law against storing your firearms in any state you want to. The laws are all about local possesion.
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Librarian
Member
Unless one is overly fond of pistols with threaded barrels, which California would likely consider 'assault weapons', possession and use of pistols not on CA's silly Roster is unregulated. The restriction is on CA FFLs selling them to non-exempt people, and CA residents must use CA FFLs.
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