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SKSer
01-26-2011, 4:18 PM
A buddy of mine was convicted of brandishing a firearm which is a misdemeanor over 15 years ago. Not to get in depth, but it was basically a plea deal because he was 18 and got in a fight with someone who was 17 and the cop told him it would be better to plea to that, then the whole assault of a minor deal. My question is how long is he prohibited from owning a firearm, is it 10 years for a misdemeanor or what?

J.D.Allen
01-26-2011, 4:46 PM
Only for certain misdemeanors. You can bet he'll have a hard time getting a CCW but he should be OK to purchase and possess...

stix213
01-26-2011, 5:16 PM
Check the 2nd page of this PDF for the list of all prohibiting misdemeanors. Most are 10 years, a few are lifetime. If you don't see your buddy's PC on the list then he should be good to go.

http://ag.ca.gov/firearms/forms/pdf/prohibcatmisd.pdf

Hopefully his brandishing charge wasn't "Brandishing a firearm in presence of a peace officer ( 417(c), 12001.6(d), 12021(a)(1).)"

NightOwl
01-26-2011, 5:20 PM
WOW! I had no idea the list was so extensive...sliding way down the slippery slope, it seems. Is there a list of prohibiting infractions yet?

753X0
01-26-2011, 8:29 PM
WOW! I had no idea the list was so extensive...sliding way down the slippery slope, it seems. Is there a list of prohibiting infractions yet?

Too weaks....

:innocent:

Workerbees
01-26-2011, 9:47 PM
This is confusing. Is the 10 year prohibition for all of PC 417 or is it just 417(a)(1) and (a)(2) listed on the .pdf? The brandishing of a firearm is under 417(b) but is not on the list.

77bawls
01-26-2011, 10:17 PM
Brandishing a firearm in presence of a peace officer

So how's this work if you have somebody at gunpoint until the police show up?
What does it mean brandishing a firearm in presence of a peace officer? Like you show a cop your gun to try to intimidate him?

jidokenju
01-27-2011, 1:14 AM
So how's this work if you have somebody at gunpoint until the police show up?
What does it mean brandishing a firearm in presence of a peace officer? Like you show a cop your gun to try to intimidate him?

Code reads:

(a)(2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows:
...
(c) Every person who, in the immediate presence of a peace officer, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, and who knows, or reasonably should know, by the officer's uniformed appearance or other action of identification by the officer, that he or she is a peace officer engaged in the performance of his or her duties, and that peace officer is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for not less than nine months and not to exceed one year, or in the state prison.

IANAL(NDIPOOTV), but it seems to me that if you are holding a suspect until the police show up (would you do that? I'm not sure I would) you brandished in the prescence of another person, which is legal for purpose of self defense.

pitchbaby
01-27-2011, 2:17 AM
Code reads:

IANAL(NDIPOOTV), but it seems to me that if you are holding a suspect until the police show up (would you do that? I'm not sure I would) you brandished in the prescence of another person, which is legal for purpose of self defense.

It's all up to the cop who shows up... it's so fricking arbitrary... UGH!

SKSer
01-28-2011, 8:50 PM
thanks for the help guys, I think he should be good then, it was over 15 years ago.