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Piper
09-04-2007, 12:19 PM
A guy I know wants to purchase a handgun, but he's on informal probation for a nonviolent misdeameanor. Since I'm not familiar with the prohibitions, can anyone tell me if he can purchase a handgun right now?

Shane916
09-04-2007, 1:22 PM
With the informal probation I would assume he has no PO officer?

You probably already did check but just in case:

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

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

Piper
09-04-2007, 1:31 PM
No, he managed to garner a deal with the D.A. and took a fine and two years informal probation.

hoffmang
09-04-2007, 1:40 PM
"Court" probation for a non disabling crime is not a disabling condition for firearms purchase.

-Gene

tyrist
09-04-2007, 1:43 PM
If it is not a crime against person, weapons violation, or a narcotics related offense he should be alright.

simonov
09-04-2007, 1:44 PM
Has he read his probation order? Any and all restrictions ought to be listed.

Hoop
09-04-2007, 2:04 PM
Has he read his probation order? Any and all restrictions ought to be listed.

I think you can still get dinged though, especially if it was probation for a DUI or some other minor offense.

Piper
09-04-2007, 3:30 PM
Somebody threatened him and he started carrying illegally. I'm not familiar with the circumstances but he ended up getting stopped by whatever agency stopped him and ultimately he got popped for ccw (illegally). He could have probably beat it because it was bogus, but he just wanted to get it behind him. I read the dispo sheet that he got from the court and it doesn't say anything about firearm prohibitions. I was more curious about the DROS worksheet. Is there anything on there that would cause him any grief?

hoffmang
09-04-2007, 3:36 PM
There is a CA DOJ form he can fill out and send in for a pre-purchase eligibility check. As I said above, he's not prohibited though. Misdemeanor CCW isn't a prohibiter.

-Gene

Piper
09-04-2007, 3:49 PM
Thanks Gene, I'll let him know.

CalNRA
09-04-2007, 3:55 PM
There is a CA DOJ form he can fill out and send in for a pre-purchase eligibility check. As I said above, he's not prohibited though. Misdemeanor CCW isn't a prohibiter.

-Gene

12025 deals with concealed carry, and 12031 deals with concealed loaded carry without permit.

according to penal code section 12031:

"(a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

(2) Carrying a loaded firearm in violation of this section is punishable, as follows: "

then according to section 12021
"e) Any person who (1) is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, any offense enumerated in paragraph (1) of subdivision (c), or any offense described in subdivision (a) of Section 12025, subdivision (a) of Section 12031, or subdivision (a) of Section 12034, and (2) is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code, an offense described in subdivision (b) of Section 1203.073, any offense enumerated in paragraph (1) of subdivision (c), or any offense described in subdivision (a) of Section 12025, subdivision (a) of Section 12031, or subdivision (a) of Section 12034, shall not own, or have in his or her possession or under his or her custody or control, any firearm until the age of 30 years. A violation of this subdivision 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 juvenile court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. Notwithstanding any other law, the forms required to be submitted to the department pursuant to this subdivision may be used to determine eligibility to acquire a firearm."


thus if the fella is younger than 30, the law seems to say he can't have a gun until he's 30 years old.

Piper
09-04-2007, 4:07 PM
The age subsection isn't a factor. The bugger is the informal probation. He asked the people at the court but they didn't have a clue.