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Possession of Weapons/Explosive Devices
by Darren Kavinoky

Possession of Weapons/Explosive Devices

California law prohibits convicted felons, violent offenders, the mentally ill, persons with restraining orders and other specified individuals from possessing a gun. This included people convicted of misdemeanor crimes of domestic violence.

Felony Convictions

A felony firearm crime may involve unlawfully carrying a firearm when a felony crime was attempted or committed. It is also a felony firearm crime for a convicted felon to possess a firearm at any time. A person can also be charged in a felony firearm case when they knowingly purchase a firearm for a felon, an offense called ˇ§strawˇ¨ purchasing. Any act of readying a firearm for a crime is also a felony firearm crime

California Penal Code Section 12021 applies to people who have been convicted of a felony, reading in part:

ˇ§(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.ˇ¨
Domestic Violence
Anyone who has ever been convicted of a misdemeanor crime of domestic violence can no longer legally own, ship, transport, possess, or receive firearms or ammunition and no one can sell or otherwise dispose of a firearm or ammunition to any person knowing or having reasonable cause to believe that the recipient has been convicted of a domestic violence misdemeanor.
California Penal Code Section 12028.5 defines domestic violence, reading in part:

ˇ§(2)


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Posted on: July 5,2006


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