View Full Version : Turned down for firearm transfer

02-08-2010, 9:01 PM

02-08-2010, 9:03 PM
Consult a lawyer.

02-08-2010, 9:04 PM
There are misdemeanors that will disqualify you from owning a firearm. What PC was he convicted of?

02-08-2010, 9:08 PM
All these misdemeanors will keep you from owning a weapon. He could have one of these:


As of January, 1999
Pursuant to Penal Code (PC) section 12021(c)(1), any person who has been convicted of a misdemeanor violation
for any of the following offenses is prohibited from owning, possessing, or having under his or her custody or
control any firearms within 10 years of the conviction:

• Threatening public officers, employees and school officials (PC section 71).
• Threatening certain public officials, appointees, judges, staff or their families with the intent and apparent ability
to carry out the threat (PC section 76).
• Possessing a deadly weapon with the intent to intimidate a witness (PC section 136.5).
• Threatening witnesses, victims, or informants (PC section 140).
• Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer
(PC section 148(d)).
• Unauthorized possession of a weapon in a courtroom, courthouse or court building, or at a public meeting
(PC section 171(b)).
• Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (PC section 171c).
• Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional
officers, etc. (PC section 171(d)).
• Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs
(PC section 186.28).
• Assault (PC sections 240, 241)
• Battery (PC sections 242, 243).
• Assault with a stun gun or Taber weapon (PC section 244.5)
• Assault with deadly weapon or force likely to produce great bodily injury (PC section 245).
• Assault with a deadly weapon or instrument, by any means likely to produce great bodily injury or with a stun
gun or Taber on a school employee engaged in performance of duties (PC section 245.5).
• Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, horsecart or camper
(PC section 246).
• Discharging a firearm in a grossly negligent manner (PC section 246.3)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (PC section 247)
• Inflicting corporal injury on a spouse or significant other (PC section 273.5)
• Willfully violating a domestic protective order (PC section 273.6).
• Drawing, exhibiting, or using any deadly weapon other than a firearm (PC sections 417(a)(1), 417(a)(2)).
• Brandishing a firearm in presence of a peace officer (PC section 417.1 – repealed by stats. 1998).
• Drawing or exhibiting, selling, manufacturing, or distributing firearm replicas or imitations (PC section 417.2).
• Inflicting serious bodily injury as a result of brandishing (PC section 417.6).
• Bringing into or possessing firearms upon or within public schools and grounds (PC section 626.9).
• Stalking (PC section 646.9).
• Armed criminal action (PC section 12023).
• Possessing a deadly weapon with intent to commit an assault (PC section 12024).
• Driver or any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any
person who will fully and maliciously discharges a firearm from a motor vehicle (PC sections 12034(b),
• Criminal possession of a firearm (PC section 12040).
• Firearms dealer who sells or transfers or gives possession of any firearm to a minor or a handgun to a person
under the age of 21 (PC section 12072(b)).
• Various violations involving sales and transfers of firearms (PC section 12072(g)(3)).
• Person or corporation who sells any concealable firearm to any minor (PC section 12100(a) – repealed by
stats. 1994).
• Unauthorized possession/transportation of a machine gun (PC section 12220).
• Possession of ammunition designed to penetrate metal or armor (PC section 12320).
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform, while
picketing (PC section 12590).
• Bringing firearm related contraband into juvenile hall (WIC section 871.5).
• Bringing firearm related contraband into a youth authority institution (WIC section 1001.5).
• Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a
mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical
violence against an identifiable victim (WIC section 8100).
• Providing a firearm or deadly weapon to a person described in WIC sections 8100 or 8103 (WIC section 8101).
• Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a
mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of
insanity, and individuals placed under a conservatorship (WIC section 8103).

02-08-2010, 9:15 PM
The arrest was drug related (mj). At the time, he had a Bullet-Button AR-15 w/ fixed 10 round magazine that was taken by the DEA. His Glock 23 was also taken. A Mossberg shotgun was taken from his brother. All were legally owned.

One of the roomates arrested in the same house had an illegal MAK90 (6 bedroom house), but for whatever reason, I dont think the firearms were brought up in court at all, to any of the suspects. Probably in light of the larger crime they was arrested for.

No way to give usable advise without knowing what PC he was convicted of.

02-08-2010, 9:16 PM
my brother just went through pretty much the same thing,and it took about a month of going back and forth,but he just had to call the person at DOJ dealing with his file and faxed her some paperwork and then they released the firearm to my brother.
So I would start by calling the DOJ person that turned it down and go over it with them.

Shotgun Man
02-08-2010, 9:26 PM
Without the code section that he pled to, it's hard to offer (even layman's) advice.

02-08-2010, 9:38 PM
He needs to call Jason Davis ASAP.


That is all.

02-09-2010, 12:22 AM
Lol. Wasn't the FIRST thing I said "call a lawyer" ??? This isn't the place to lay out someones story.