PDA

View Full Version : Misdemeanor question


powderburns
12-26-2008, 11:33 PM
Does anyone know if a Class B Misdemeanor prohibits a person from purchasing or owning a firearm? Two buddies of mine went hunting out of state and one didn't have a nonresident license. I told him to fill out a PFEC but we all know thats going to take awhile to get back to him. Obviously he was charged with hunting with out a license. No jail time was served but bail did have to be paid along with court fees and a fine. The funny thing was that he never stepped foot in the court room. It was taken care of over the phone with the state attorney. Any help is appreciated. Thank you.

hoffmang
12-27-2008, 12:10 AM
The only misdemeanor I'm aware of that can disable you from purchasing firearms is a misdemeanor conviction of domestic violence. I am ignoring misdemeanors that prove you're mentally unfit but that's an odd bucket.

Clearly hunting without a license isn't one of those.

-Gene

Librarian
12-27-2008, 12:23 AM
Does anyone know if a Class B Misdemeanor prohibits a person from purchasing or owning a firearm? Two buddies of mine went hunting out of state and one didn't have a nonresident license. I told him to fill out a PFEC but we all know thats going to take awhile to get back to him. Obviously he was charged with hunting with out a license. No jail time was served but bail did have to be paid along with court fees and a fine. The funny thing was that he never stepped foot in the court room. It was taken care of over the phone with the state attorney. Any help is appreciated. Thank you.

CA-DOJ has a list in this PDF file (http://ag.ca.gov/firearms/forms/pdf/prohibcatmisd.pdf) - you can read it directly at
http://wiki.calgunsfoundation.org/index.php/Firearms_rights_prohibitions

Quiet
12-27-2008, 12:27 AM
Which state did this happen in?

powderburns
12-27-2008, 12:32 AM
Could this be construed as: Armed criminal action ( 12023.)? Probably not but just want to check.

powderburns
12-27-2008, 12:34 AM
North Dakota

thinkinblue613
12-27-2008, 3:45 AM
I had a misdemeanor for possession of "green stuff" when I was a minor. But that didn't affect me getting guns since I've been clean since I turned 18. It did affect my insurance on the car though. :o Don't get caught!

Turbinator
12-27-2008, 7:17 AM
I had a misdemeanor for possession of "green stuff" when I was a minor. But that didn't affect me getting guns since I've been clean since I turned 18. It did affect my insurance on the car though. :o Don't get caught!

Even better, don't do it.

Turby

sac550
12-27-2008, 8:47 AM
Does anyone know if a Class B Misdemeanor prohibits a person from purchasing or owning a firearm? Two buddies of mine went hunting out of state and one didn't have a nonresident license. I told him to fill out a PFEC but we all know thats going to take awhile to get back to him. Obviously he was charged with hunting with out a license. No jail time was served but bail did have to be paid along with court fees and a fine. The funny thing was that he never
stepped foot in the court room. It was taken care of over the phone with the state attorney. Any help is appreciated. Thank you.

There are now 38 misdemeanors that can prohibit you from possessing/owning a firearm or ammunition for ten years (life time for DV under federal law). See PC 12021(c)(1) for the list. However, from what you have said your friends are fine. Even if convicted in CA for hunting without a license they would be okay to own a gun.

powderburns
12-27-2008, 10:34 AM
He wants to buy a OLL. I guess thats how he can find out if anything comes up.

Fire in the Hole
12-27-2008, 10:36 AM
Even better, don't do it.

Turby

+ 1000

tcrpe
12-27-2008, 11:04 AM
CA-DOJ has a list in this PDF file (http://ag.ca.gov/firearms/forms/pdf/prohibcatmisd.pdf) - you can read it directly at
http://wiki.calgunsfoundation.org/index.php/Firearms_rights_prohibitions

You learn something every day:

Possession of ammunition designed to penetrate metal or armor ( 12320.) :eek:

HowardW56
12-27-2008, 2:21 PM
Does anyone know if a Class B Misdemeanor prohibits a person from purchasing or owning a firearm? Two buddies of mine went hunting out of state and one didn't have a nonresident license. I told him to fill out a PFEC but we all know thats going to take awhile to get back to him. Obviously he was charged with hunting with out a license. No jail time was served but bail did have to be paid along with court fees and a fine. The funny thing was that he never stepped foot in the court room. It was taken care of over the phone with the state attorney. Any help is appreciated. Thank you.

He should be good to go...

MindBuilder
12-27-2008, 6:23 PM
I'm not a lawyer so I could easily be wrong about this, but apparently armed criminal action is only when you intend to commit a felony:

12023. (a) Every person who carries a loaded firearm with the
intent to commit a felony is guilty of armed criminal action.
(b) Armed criminal action is punishable by imprisonment in a
county jail not exceeding one year, or in the state prison.

_Odin_
12-27-2008, 9:22 PM
You learn something every day:

Possession of ammunition designed to penetrate metal or armor ( 12320.) :eek:


:eek:

theres gotta be more to this...

what about M855 5.56 rounds - they have a "penetrator" core if I recall.

powderburns
12-27-2008, 9:57 PM
Thanks guys. He's going to be happy to hear this.