court probation

[outlaw star]

can u still buy firearms if u are on court probation? if your charge was a misdeamenor that doesnt take away your right to buy. also can someone explain cash and carry to me thank you for all the help.

[USN CHIEF]

You are not making sense. A lil more details please.

[Blackwater OPS]

I suppose it depends on what the misdemeanor was and what the terms of your probation were. To tell the truth though, I'm not sure I want you owning a gun.

[CavTrooper]

To tell the truth though, I'm not sure I want you owning a gun.

I saw some videos on MySpace, not sure if I want you owning a gun either...:eek:

Im being sarcastic of course. ;)

[Blackwater OPS]

I saw some videos on MySpace, not sure if I want you owning a gun either...:eek:

Im being sarcastic of course. ;)

Hey, I don't blame you! :gunsmilie:

[reyna12]

read over your court papers. it should tell you the terms of your probation.

[outlaw star]

yeah ok it was a possesion of a dirk. and i already own firearms i just wanted to know if i would encounter any problems buying a gun.also can someone explain cash and carry?

[USN CHIEF]

Don't see why, unless your probation papers state that you cannot own/buy guns.

Not 100% about cash and carry. I think that is for guns/rifles that are like over 50 years old where you don't have to go through and FFL.

[outlaw star]

i cant find anything about gun restrictions on my paperwork.some one told me that i couldnt buy for a year until court probation is up so i fgure i would ask some more intelligent people. thank you

[USN CHIEF]

i cant find anything about gun restrictions on my paperwork.some one told me that i couldnt buy for a year until court probation is up so i fgure i would ask some more intelligent people. thank you

Call the DOJ BoF, they should be able to tell you.

[JeffM]

Intelligent people look up the code for restrictions for themselves.

All else fails, go try buying a gun at an FFL and see if you get denied.

[tgriffin]

Look up C&R firearms for true cash & carry in CA. C&R stands for curio and relic.

[BigKevLA]

Try going to DROS a Mosin Nagant at Big 5. You will have a sure fire answer.

[hoffmang]

"court probation" is probation "light" for a misdemeanor. You don't get a probation officer or a check in or travel restriction but the court basically just retains jurisdiction over your case. It's most often seen with DUIs. The only thing to be careful about is that if your using your driver's license to buy firearms the strange stages of your license can stop your DROS. The simplest solution is to just get a CA ID card too which will skip the DMV part of the DROS check.

Cash and carry is that in California for any non handgun that is 50+ years old, you can buy that long arm from anyone in California - no DROS or PPT needed.

-Gene

[!@#$]

i cant find anything about gun restrictions on my paperwork.some one told me that i couldnt buy for a year until court probation is up so i fgure i would ask some more intelligent people. thank you

any restrictions on "weapons"?

[Librarian]

any restrictions on "weapons"?

Depends. (Doesn't it always?)
PC 646.93
(c) Unless good cause is shown not to impose the following
conditions, the judge shall impose as additional conditions of
release on bail that:
...
(3) The defendant shall not possess any firearms or other deadly
or dangerous weapons.
Other than that, either one has committed a felony that abrogates firearms possession, or one has not. I've never been privileged to read any terms of probation; I'm sure there's "boiler plate" for them that may include weapons other than firearms.

[Blackwater OPS]

Depends. (Doesn't it always?)
PC 646.93
Other than that, either one has committed a felony that abrogates firearms possession, or one has not. I've never been privileged to read any terms of probation; I'm sure there's "boiler plate" for them that may include weapons other than firearms.

Well, there are plenty of misdemeanors that result in a loss of gun rights in this state.

[reyna12]

was it a 12020 that you got charged with?

[Librarian]

Well, there are plenty of misdemeanors that result in a loss of gun rights in this state.

True. PC 12021 (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).
Seems like a lot (not all) of those are felonies but apparently may be knocked down to misdemeanors. Since those are 10-year prohibitions, it would be reasonable to conclude that probation for one of those would also include the firearms prohibition.

But the PC does not seem to address things OTHER than firearms; I don't believe sentencing guidelines for courts would prohibit additional restrictions for probationers, but I don't know.

[bdsmchs]

The only thing to be careful about is that if your using your driver's license to buy firearms the strange stages of your license can stop your DROS. The simplest solution is to just get a CA ID card too which will skip the DMV part of the DROS check.

-Gene

Hey Gene, would you care to elaborate on this? I'll also be at dinner tonight, so you're more than welcome to chat me up there.

I'm really curious what would be on your license that could hold up a DROS, but wouldn't be attached to your ID.

I've got a CDL and CID, and both have the exact same ID number on them, so I just assumed that either one of them ties into my DMV driving records.

[BlackDrop50]

I doubt it. You might get a call from the Sheriffs asking why you are trying to buy a gun.

[GuyW]

Buy a "Certificate of Eligibility" (if I have name correct) from CA DOJ to prove you can buy guns.

It seems to me that a call from LE about something that "is" (might be) a violation of probation is a bad thing...

[Guntech]

Are you going to carry the gun this time?

[RossRinSD]

a DUI probation will not preclude you from purchasing a firearm.

After a DUI, you don't get a regular license back right away. You can drive, but when and where are restricted, so it isn't a full license. I can see where, when running a DROS, it might get kicked back because it isn't a true license. But when you get arrested and charged with a DUI, the arresting officer takes your license. Well, you surrender it anyways. Many guys will just get a state ID in one of their many visits to the DMV. You can still run a DROS with that ID. Pending DUI conviction, or post conviction and still on probation, will not stop your DROS.

Just to clarify a DUI misdemeanor/probation.

[Guntech]

a DUI probation will not preclude you from purchasing a firearm.

After a DUI, you don't get a regular license back right away. You can drive, but when and where are restricted, so it isn't a full license. I can see where, when running a DROS, it might get kicked back because it isn't a true license. But when you get arrested and charged with a DUI, the arresting officer takes your license. Well, you surrender it anyways. Many guys will just get a state ID in one of their many visits to the DMV. You can still run a DROS with that ID. Pending DUI conviction, or post conviction and still on probation, will not stop your DROS.

Just to clarify a DUI misdemeanor/probation.

No DL? what do you walk home with your rifles lol?:p

[RossRinSD]

You would hope that after being fined $2,000+ you'd take it easy for a while...