How Prior Convictions Affect Gun Ownership Rights

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How Prior Convictions Affect Gun Ownership Rights

The Second Amendment of the United States Constitution guarantees the right to bear arms, but there are various things that can forfeit a person’s gun ownership rights.

California Penal Code 29800 and Gun Ownership Rights

California Penal Code Section 29800 PC states that any person convicted under United States, California, or “any other state, government, or country,” of a felony and some misdemeanors forfeits their gun ownership rights. This includes anybody addicted to narcotic drugs, a juvenile who has been tried as an adult in adult court and convicted, or anybody incarcerated in a federal correctional facility for 30 days or received a fine of over $1000 or both.

Specific Groups Without Gun Ownership Rights

The following three groups are not permitted to own or carry firearms:

  • Any person convicted of a felony loses their gun ownership rights and is prohibited from possessing, purchasing, owning, or receiving a firearm. If found guilty under Penal Code Section 29800 they can be sentenced to prison for up to three years.
  • You can be charged with a misdemeanor or felony under California Penal Code Section 29805 for possessing a firearm within 10 years of being convicted of another felony or misdemeanor such as criminal threats of domestic violence. This also applies to misdemeanors or felonies such as “Brandishing a Weapon,” “Assault with a Deadly Weapon,” and various sex crimes.
  • Anybody addicted to narcotics forfeits their gun ownership rights. Being “addicted to narcotics” includes: (1) anybody emotionally dependent on a drug with a compulsive need to use it; (2) anybody with a tolerance to the effects of the drug requiring them to use larger doses; and (3) anybody who is physically dependent on a drug to the point where they would suffer withdrawal symptoms if deprived of it.

Anybody in one of the above groups can have their gun ownership rights revoked for 10 years or more if they own, purchase, receive, or possess a gun. Some cases can also revoke these rights for life. Juveniles in violation of California Penal Code Section 29800 will have their gun ownership rights revoked until they’re 30.

If you’ve been charged with violating this code, you need to consult an experienced criminal defense attorney such as Sevens Legal, APC. Contact Sevens Legal, APC, today for a free consultation.

Sevens Legal, APC
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800

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