I have a criminal misdimeanor in california. Can I still buy and own a gun?I have a criminal misdimeanor in the state of california for driving on a suspended lic. three times. I have gotten my lic. back and this was in 2007. Can I buy and own a hand gun in my state? Thanks for the help. Attorney answers (4)
Convictions for driving with a suspended license does not affect your ability ot own a firearm in California.
As Mr. Marshall noted in the previous answer, this is not true for all misdemeanor offenses. Crimes involving violence, listed in PC12021, will preclude you from owning a firearm for ten years and a domestic violence conviction may preclude you from owning a firearm for life. Brian Andritch 2 people marked this answer as good
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Reputation Level 20
Answered about 2 years ago.
State, Local, and Municipal Law Attorney in Chicago, IL.
Just like I said in my first post, your misdemeanor does not prevent you from exercising any of your rights. Beware of the advise Mr. Marshall gives. Federal law has long trumped state law in the arena of gun possession rights. Do not be urged to spend money to restore your gun rights on so-called "wobblers" only to find out that federal laws prohibit exactly what you have been told.
Federal law has been proposed and provides for a process to restore felon's and domestic violence misdemeanor's right to possess a firearm. As of now our Congress has not funded the process so if you were convicted of any felony, or a misdemeanor crime of domestic violence you cannot possess a firearm. Many lawyers post methods to charge for ways to restore rights under state law, but remember the federal law that says some persons cannot possess a gun. Beware of lawyers that charge to take your money for state law gun rights restoration only to leave the situation that you will be in violation of federal gun possession laws. Check with an California lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This observation is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides. 2 people marked this answer as good
Reputation Level 20
Answered over 2 years ago.
State, Local, and Municipal Law Attorney in Chicago, IL.
If you were convicted of a felony, you cannot own or possess a firearm. If you were convicted of a misdemeanor, you can. Have a discussion of legal principles by a California lawyer.
Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 2 people marked this answer as good
Note that Mr. Brinkmeyer is NOT licensed in California and is NOT a criminal defense attorney. His simplistic answer is correct in your case, but may be downright dangerous to others.
Your misdemeanor conviction for driving on a suspended license has no effect on your right to own or possess a firearm. However, if you had been convicted of certain violent misdemeanors listed in Penal Code 12021(c), it would be illegal for you to have a gun for ten years after your conviction. If you had been convicted of a misdemeanor involving domestic violence, Federal law would make it illegal for you to own a firearm for the rest of your life. 2 people marked this answer as good
Howard Woodley Bailey, licensed in New Jersey
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