||11-30-2010 9:29 PM
Originally Posted by BanjoGunner
Is this in fact the case in Santa Clara County?
I was arrested for a non-violent offense in Yolo County >25 years ago. I was diverted, the charges dismissed, and supposedly expunged from my record. When asked, however, I have always acknowledged that I have been arrested. I actually owned a gun at the time and as the officers entered my house I informed them of this fact. They asked me to retrieve and unlock the case in which it was contained (under their close supervision of course), examined the gun, relocked the case and returned the key to me. The case and gun were sitting on my bed when I returned from my brief jail stay.
Will this arrest preclude me from getting a CCW in Santa Clara County?
See "Prohibiting Conditions"
in Brandon's post below
Originally Posted by BanjoGunner
Assuming the above would not preclude me from or make me a bad test case for CCW in Santa Clara County, how do I volunteer? Via email?
You can sign up to volunteer here: www.calgunsfoundation.org/volunteer
Originally Posted by wildhawker
Calguns Foundation is actively seeking volunteers from each and every California county
who want to make a difference and are free of any prohibiting history; for a list prohibiting conditions, see the end of this post. It's important that we have coverage in each county - let's "get the word out" across the state.
Unfortunately, we can't share much about the nature of this request just yet... As Bill Wiese says, "CGF: when you absolutely, positively have to sue every mother****** in the room!".
If you are interested in working with CGF to advance gun rights in your area and across California, please let us know by signing up to volunteer at Calguns Foundation at www.calgunsfoundation.org/volunteer.
If for some reason you can't get involved directly as a volunteer, consider making a fully tax-deductible donation
to CGF which will go straight to the front lines and support the numerous lawsuits and initiatives coming soon.
Don't forget to sign up at www.calgunsfoundation.org
and follow @CalgunsFdn for all the latest news and 2A resources. Please do pass the word along to your friends, family and shooting buddies. CGF is coming to town armed and ready with the nation's preeminent 2A litigators and operations team... and we're coming soon
Thank you for your support; we look forward to working closely with you to advance our Right to Keep and Bear Arms.
CALIFORNIA PROHIBITING CATEGORIES FOR A CCW LICENSE
As of January, 1999
Persons convicted of a felony, or any offense enumerated in section 12021.1 of the Penal Code (PC).
Persons addicted to the use of narcotics.
Persons denied firearm possession as a condition of probation pursuant to PC section 12021(d).
Persons convicted of a specified misdemeanor pursuant to PC section 12021(c)(1) are prohibited from purchasing
or possessing firearms for 10 years (see Attachment 2).
Juveniles adjudged wards of the juvenile court because they committed a 707(b) Welfare and Institutions Code (WIC)
offense, an offense described in PC section 1203.073(b) or any offense enumerated in PC section 12021(c)(1) are
prohibited until they reach age 30.
Persons who are subject to a protective order as defined in section 6218 of the Family Code, or a temporary restraining order or injunction issued pursuant to sections 527.6 or 527.8 of the Code of Civil Procedure.
Persons found by a court to be a danger to others because of mental illness.
Persons found by a court to be mentally incompetent to stand trial.
Persons found by a court to be not guilty by reason of insanity.
Persons adjudicated to be a mentally disordered sex offender.
Persons placed on a conservatorship because they are gravely disabled as a result of a mental disorder or impairment by chronic alcoholism
Persons who communicate a threat to a licensed psychotherapist, against a reasonably identifiable victim, and the psychotherapist reports to law enforcement pursuant to WIC section 8100(b), are prohibited from purchasing or possessing a firearm for 6 months.
Persons in a mental health facility certified pursuant to WIC sections 5250, 5260, and 5270.15 are prohibited from possessing or purchasing or attempting to purchase firearms for 5 years.
Persons who are voluntary patients in a mental facility who are determined to be a danger to self or others are prohibited from purchasing or possessing a firearm between admission and discharge.
Persons under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year.
CALIFORNIA PROHIBITING MISDEMEANORS
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 Governors 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), 12034(d)).
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).
FEDERAL PROHIBITING CATEGORIES FOR POSSESSING FIREARMS
Gun Control Act of 1968, Title 18 U.S.C. Chapter 44
As of January, 1999
Pursuant to Section 922, any person listed below is prohibited from possessing, shipping, transporting, or receiving any firearm, who:
Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
Is a fugitive from justice.
Is an unlawful user of or addicted to any controlled substance.
Has been adjudicated as a mental defective or committed to a mental institution.
Is an alien illegally or unlawfully in the United States.
Has been discharged from the Armed Forces under dishonorable conditions.
Having been a citizen of the United States, has renounced U.S. citizenship.
Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
Has been convicted in any court of a misdemeanor crime of domestic violence.
Is under indictment for a crime punishable by imprisonment for a term exceeding one year.
Has an out-of-state prohibitive criminal history.
Has a prior denial on a previous National Instant Criminal Background Check System (NICS) inquiry.