Posted: 7/12/2006 10:41:09 AM EDT
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Upon conviction of the following Penal Code violations, the Court shall impose a 10 year firearm restriction: 71, 76, 136.1, 136.5, 140, 148(d), 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.2, 417.6, 422, 626.9, 646.9, 12023, 12024, 12034(b), 12034(d), 12040 If you get board, you can look these up. 10 years is a long time for a mistake you made when you where young. (ie: getting in a fight, saying something that could be construed as a threat, or arguing with your girlfriend/wife.) Beware the "sweetheart probation deal" to "make it all go away". This is usually still considered a conviction resulting in the 10 year firearm restriction. 
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| Yeah, I remember being charged with assault and battery for a mutual fight when I was 19. I was ready to just plead it out and then smartly (on the advice of others) pled not guilty. The case was later dropped. If I had pled out, I still wouldn't be able to buy any firearms legally. |
240/242 doesnt belong on that list. Did you find that at a website or something because it doesnt even come close to matching what's in my penal code. |
12021. (a)(1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. (c)(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, 12023 or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, purchases, receives, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in paragraph (2) or (3). link |
There are hundreds of changes in Cali law every year. Its a huge hassel keeping up with them. One big change for 2006 is there is an enhancement for DUI's over .15% BAC now. it used to required .20% or above to trigger the sentencing enhancement. A couple years back they added a bunch of airsoft laws like brandishing one in public and painting or covering the orange tip. On a positive note its no longer illegal to have an obstructed license plate. The legislature changed the laws dealing with plates and in the rewrite forgot to include ostructred plate. so now the vehicle code says your plate must be clearly visablebut as a regulatory code only, the enforcement code for obstructed plate was omitted. Ironically a clear license plate cover is now illegal but putting something over a couple digits on the plate itself is no longer illegal. |
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My friend was convicted of assault. During the 9th year he got rejected when tried to buy a shotgun. He had no idea that he was banned, so he called the DOJ and bitch and yell at a guy on the phone. The guy just told him that he's banned for life for yelling and cussing at him. It's been 5 years and he still can't buy guns. Not sure if that was legal or not. |
Add another 10 years  .Actually some of these Penal Code sections deal with convictions for threatening public or school officials. Don't get pissed at your kids teacher. |
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I love the sign a few doors down from my office at the Social Security office, just a plain white paper taped to the door that reads, "THREATENING A FEDERAL EMPLOYEE IS A FEDERAL OFFENSE". The armed security guys in there are from the same private company that provides security for a lot of federal buildings and are not federal employees but work in conjuction with federal police officers but I'm sure the public doesn't see it that way with a sign like that posted. |
Don't yell, "I'm going to kick your ass." Say in a soft, calm voice, "You are a complete idiot." That's not a threat, just a fact. 
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You have to know how to talk to a civil servant in order to motivate them properly. The ones I work with are pretty well motivated as we provide service to the best (armed) customers in the world! Most of the time there's so very little you can do. Even talking to their supervisors isn't much better as he or she probably goes to lunch with the problem slug and can't fire the slug anyways. Formal complaints to district or state level supervisors normally have teeth but something has to rise to a pretty high level to be worthy of such attention. I've made a number formal complaints to the Government Audit Office, Congressmen, Senators, senior level supervisor all the way to the Pentagon, the Department of Defense fraud, waste, and abuse hot line on a local commander who was basically using government funds illegally to pay for his hotel, food, rental car, and airline flights back and forth to his home every week for a year ... jack shit didn't happen. |
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Back on topic. I'm an old fart so I don't plan on getting into a bar room brawl this weekend for shitz and giggles but you never know. I carry a firearms lawyer's telephone number in my wallet at all times. The California Pistol and Rifle Association's Firing Line newsletter has ads for a couple different ones. Worth noting. |