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  #1  
Old 07-29-2021, 12:08 PM
rjenne rjenne is offline
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Default Purchasing an handgun with a misdemeanor

I was wondering if anybody knows if a illegal fireworks misdemeanor would keep you from pursuing a firearm in the future.
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Old 07-29-2021, 12:21 PM
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I think it might but check with local LE
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Old 07-29-2021, 12:32 PM
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You might ask in here:

https://www.calguns.net/calgunforum/...play.php?f=349
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Old 07-29-2021, 12:38 PM
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You might try checking the Penal Code to see if your conviction charge is a prohibiting misdemeanor......
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Old 07-29-2021, 12:48 PM
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Default Purchasing an handgun with a misdemeanor

I received a citation for discharging illegal fireworks. I was wondering if that would stop me from buying future firearms?
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Old 07-29-2021, 1:00 PM
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Quote:
Originally Posted by rjenne View Post
I received a citation for discharging illegal fireworks. I was wondering if that would stop me from buying future firearms?
In another post, you indicated it was a misdemeanor. A citation is different.
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Old 07-29-2021, 1:20 PM
rjenne rjenne is offline
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On the citation there are two boxes. One for infractions and one for misdemeanor.
The misdemeanor box was checked.
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Old 07-29-2021, 1:22 PM
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Quote:
Originally Posted by rjenne View Post
I received a citation for discharging illegal fireworks. I was wondering if that would stop me from buying future firearms?
OK, so did you check the Penal Code to see if your conviction charge was prohibiting?
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Old 07-29-2021, 1:26 PM
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^^ First thing to do. Was it a wobbler felony/ misdemeanor?
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  #10  
Old 07-29-2021, 2:14 PM
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If you want to be 100% sure, then submit a completed Personal Firearms Eligibility Check (BOF 116) to CA DOJ BOF.

Within 4-64 weeks, CA DOJ will mail you back a letter indicating if you can legally own/possess firearms/ammunition or if you are a prohibited person that can not legally own/possess firearms/ammunition.
^Due to current "pandemic induced delays", it may take 4-6 months.
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Old 07-29-2021, 2:18 PM
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The OP is wasting everybody's time and not disclosing enough information.
-try providing the exact code section(s)/law(s) charged &/or convicted
-even provide a photo of the citation
-check Penal Code (PC) 29805 and compare it to the code section charged
-disclose whether this is a conviction or other status of the case
-ask one's lawyer; or is the OP going to handle this without representation; or is it already over?; guilty or innocent of the subject charge(s)
-there could be other significant info; when did all of this occur; where did it this occur; how old is/was the OP

All of this can be important and can be simple or complicated.

For example, hypothetically.

The police responded to a fireworks call. As it turns out, the fireworks were used in an assault on the suspect's girlfriend and the girlfriend was injured. At the scene, the police booked the suspect but was later issued a "citation" either from being bailed out from the jail or released on one's own recognizance; but later, the District Attorney amended the charges to a felony. OP doesn't remember all that much because at the jail, he was still a bit high or drunk, but is pretty sure he wasn't charged with being drunk or under the influence as the police let that potential charge "slide".

The suspect doesn't really understand what happened, but pleaded "no contest" in court to unknown charges. The OP is unsure as to whether court was for a separate case for DUI or this "fireworks" charge as it gets confusing when a person is in court so often or separate cases are all heard together. Pleading "no contest" seemed like a good idea at the time as it was to mean everything/all cases would be all over right after court with no further risk of jail time.

The suspect served only a couple days in jail either before or after court. Any attorney has not been contacted on this matter as any lawyer charges $200/hour for advice or an initial $5000 deposit just for an initial retainer or start the case which could take a year or two just to proceed further. The OP doesn't have that much money to spend but also doesn't want to bother trying to buy a firearm only to lose money by having the purchase declined, resulting in another issue of trying to buy a firearm when a person should have known of being ineligible.

The OP has never owned a firearm before but now, being older and more mature, thinks it'd be a good idea; plus even though illegal fireworks are a thing of the past, the loud bang and muzzle flash now seems enticing especially now that the OP no longer bothers with fireworks but misses the exciting feeling.

OP, I apologize as I don't know you, but wanted to make the point to anybody reading this thread that legal-things can get complicated fast on the internet/Calguns; and I've seen quite a lot in court and at the jail.

If someone gets a simple fireworks "HSC" citation, consider getting it reduced to an infraction or better yet, dismissed entirely, or charges amended to something else. Keep all paperwork and understand what's happening. Also, buy any/all firearms as soon as you can, and don't ever get into trouble even if your friends and family are going to do whatever that trouble is.

I SEE THAT POST 10 COVERED THIS QUESTION THE BEST. DISREGARD WHAT I JUST TYPED HERE.
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  #12  
Old 07-29-2021, 7:54 PM
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These illegal fireworks misdemeanors are often local municipal code violations. Probably not prohibiting, but as others have noted we need to see the citation or other documents - specifically what penal code or municipal code was violated.
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Old 07-29-2021, 9:00 PM
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1- is this legal issue resolved and in the past?

If yes - get copies of all paperwork together for the lawyers to research or you to understand what PC you were charged with and what you plead Guilty to in the past.


2- if on going - don't post on forum - speak with your lawyers
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  #14  
Old 07-30-2021, 2:21 PM
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Quote:
Originally Posted by SkyHawk View Post
These illegal fireworks misdemeanors are often local municipal code violations. Probably not prohibiting, but as others have noted we need to see the citation or other documents - specifically what penal code or municipal code was violated.
Fireworks are considered a type of explosive and are under CA Health & Safety Code.

Depending on the type and amount of fireworks, the penalty can be a misdemeanor or a felony. [HSC 12700]



Health & Safety Code 12511
“Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.
The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.

Health & safety Code 12505
“Dangerous fireworks” includes all of the following:
(a) Any fireworks which contain any of the following:
(1) Arsenic sulfide, arsenates, or arsenites.
(2) Boron.
(3) Chlorates, except:
(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
(B) In caps and party poppers.
(C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate.
(4) Gallates or Gallic acid.
(5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).
(6) Mercury salts.
(7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).
(8) Picrates or picric acid.
(9) Thiocyanates.
(10) Titanium, except in particle size greater than 100-mesh.
(11) Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
(d) Roman candles, including all devices which discharge balls of fire into the air.
(e) Chasers, including all devices which dart or travel about the surface of the ground during discharge.
(f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter.
(g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.
(h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
(j) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

Health & Safety Code 12671
It is unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such fireworks.

Health & Safety Code 12677
It is unlawful for any person to possess dangerous fireworks without holding a valid permit.

Health & Safety Code 12700
(a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment.
(b) A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:
(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than one thousand dollars ($1,000) or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.
(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(3) A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.
(c) Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.

Health & Safety Code 12702
Notwithstanding the provisions of Section 12700:
(a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.
(b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.
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  #15  
Old 08-01-2021, 10:46 PM
JaredKaragen JaredKaragen is offline
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the first question I would ask is what exactly were you convicted with? (what shows on your livescan)
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Old 08-09-2021, 8:16 PM
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Check here

https://oag.ca.gov/sites/all/files/a...hibcatmisd.pdf
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Old 08-09-2021, 10:03 PM
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OP Arturo Ceja?
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  #18  
Old 08-10-2021, 6:15 AM
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Quote:
Originally Posted by Quiet View Post
If you want to be 100% sure, then submit a completed Personal Firearms Eligibility Check (BOF 116) to CA DOJ BOF.

Within 4-64 weeks, CA DOJ will mail you back a letter indicating if you can legally own/possess firearms/ammunition or if you are a prohibited person that can not legally own/possess firearms/ammunition.
^Due to current "pandemic induced delays", it may take 4-6 months.
^more like forever!
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