California Gun Laws

Gun laws - How a Conviction Can Affect Your Gun Rights

California Penal Code 12021 – Convicted Felons Give Up Gun Rights

California Penal Code 12021 prohibits convicted felons from purchasing, receiving, owning, or possessing a firearm. This prohibition extends to many types of prior convictions, including some misdemeanor convictions.

Penal Code 12021 imposes a prohibition on possession of a firearm for three classes of individuals:

  1. People who have been convicted of a felony offense. It does not matter whether that conviction occurred in California, another state, or even another country.
  2. People who are convicted of specific misdemeanors.
  3. People who are addicted to any narcotic drug. For purposes of this statute, “addicted” means a person who is physically or mentally addicted to use of the narcotic.

In order to be convicted of this statute, the prosecutor must show that you:

  1. Fall into one of the above categories;
  2. Purchased, received, owned, or possessed a firearm; and
  3. Were aware of the presence of a firearm.

For purposes of this statute, a “firearm” is any pistol, revolver, rifle, or shotgun. BB guns and pellet guns are not included.

I was convicted of a misdemeanor, not a felony. Can I continue to own or possess a firearm?

If convicted of certain misdemeanors, you may give up your gun rights. Those misdemeanors are listed within the text of Penal Code 12021. They include:

  1. Penal Code 240 - Assault
  2. Penal Code 242 – Battery
  3. Penal Code 243(e)(1) – Domestic Battery
  4. Penal Code 245 – Assault with a Deadly Weapon
  5. Penal Code 273.5 – Domestic Violence
  6. Penal Code 417 – Brandishing a Weapon
  7. Penal Code 422 – Criminal Threats
  8. Certain crimes committed by juveniles falling under the Welfare and Institutions Code which are certified for prosecution as an adult

These are merely some examples. Penal Code section 12021 provides a complete list of qualifying misdemeanors.

What penalties am I facing if convicted of Penal Code 12021?

Depending on whether your previous conviction was for a misdemeanor or a felony, your criminal record, and other circumstances, you may face imprisonment in a county jail or state prison, fines, and confiscation of your firearm(s).

If I am convicted of a crime and must give up my gun rights, for how long must I give them up?

Convicted felons generally cannot own firearms. Misdemeanor convictions may include giving up gun rights for 10 years from the date of conviction. Certain juvenile convictions can mean giving up gun rights until the age of 30.

I lost my gun rights due to a conviction, and now I am accused of possessing a firearm in violation of Penal Code 12021. Can you help me?

Yes! Remember, the prosecution must prove that you possessed the firearm, and were aware of the presence of a firearm. If you are prohibited from possessing a firearm, your roommates, brother, spouse, etc. can still have a firearm in the same home so long as you have no control over it. Did you borrow a friend’s car, and not know that a firearm was in the vehicle? The firearms laws attorneys at the Law Offices of Natalio Pereira can discuss your case with you, and develop a defense based upon a lack of ownership/possession or knowledge of the presence of a firearm.

Please contact the Attorneys at the Law Offices of Natalio Pereira for help defending your gun rights.