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Ammo possession illegal for misdemeanor DV convicts?

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  • SteveH
    Senior Member
    • Oct 2007
    • 1576

    Ammo possession illegal for misdemeanor DV convicts?

    If someone has multiple prior convictions for misdemeanor domestic violence, and is currently in possession of meth and ammo for a rifle and handgun both, is the ammo possession illegal?

    If your answer is yes, which california penal code section is he in violation of?

    He's not a convicted felon.
    He's not a narcotics addict.
    He's not a documented gang member.
    He is not under a current restraining order.

    What says the experts?
  • #2
    hawk1
    In Memoriam
    • Dec 2005
    • 7555

    18 usc 922(g),(8),(9)






    Edit: Found this link from CD Michel on Gun Possession and Misdemeanor Crime of Domestic Violence Convictions in California
    Might find something you need in there.
    Last edited by hawk1; 06-02-2011, 2:09 PM.
    sigpicNRA LIFE MEMBER

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    • #3
      Cuahitl
      Junior Member
      • Oct 2009
      • 43

      Yes PC12316(B)(1)

      Comment

      • #4
        Glock22Fan
        Calguns Addict
        • May 2006
        • 5752

        Originally posted by Cuahitl
        Yes PC12316(B)(1)
        here

        (b) (1) No person prohibited from owning or possessing a firearm
        under Section 12021 or 12021.1 of this code or Section 8100 or 8103
        of the Welfare and Institutions Code shall own, possess, or have
        under his or her custody or control, any ammunition or reloaded
        ammunition.
        John -- bitter gun owner.

        All opinions expressed here are my own unless I say otherwise.
        I am not a lawyer and this is not legal advice.

        sigpic

        Comment

        • #5
          stix213
          AKA: Joe Censored
          CGN Contributor - Lifetime
          • Apr 2009
          • 18998

          Originally posted by SteveH
          If someone has multiple prior convictions for misdemeanor domestic violence, and is currently in possession of meth and ammo for a rifle and handgun both, is the ammo possession illegal?

          If your answer is yes, which california penal code section is he in violation of?

          He's not a convicted felon.
          He's not a narcotics addict.
          He's not a documented gang member.
          He is not under a current restraining order.

          What says the experts?
          How are both the bolded statements true?

          Comment

          • #6
            SteveH
            Senior Member
            • Oct 2007
            • 1576

            Originally posted by stix213
            How are both the bolded statements true?
            1. methamphetamine is a stimulant, not a narcotic.
            2. simple possession does not establish addiction.

            Comment

            • #7
              Bigtime1
              Member
              • Aug 2010
              • 268

              Originally posted by SteveH
              1. methamphetamine is a stimulant, not a narcotic.
              2. simple possession does not establish addiction.

              What kind of behavior are you trying to justify?

              Comment

              • #8
                Quser.619
                Senior Member
                • Aug 2009
                • 777

                yes possession of Meth is Federal law, combined w/ previous convictions of DV - thus possibly making him a prohibited person. Prohibited people cannot have ammo.
                sigpic

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                • #9
                  SteveH
                  Senior Member
                  • Oct 2007
                  • 1576

                  Originally posted by Bigtime1
                  What kind of behavior are you trying to justify?
                  Don't leap to conclusions. you are way out of your lane. I train police officers and this question is one that had many stumped recently. Calguns as a whole is very knowledgable about such things so I thought i would ask here. So that I might give correct guidance in the future.

                  Ironic that someone here would imply i am a wife beating tweeker with an ammo collection.

                  Comment

                  • #10
                    scarville
                    CGN/CGSSA Contributor
                    • Feb 2009
                    • 2325

                    Originally posted by stix213
                    How are both the bolded statements true?
                    Methamphetamine is not a narcotic. It is, however, a Schedule II drug, meaning it has a high abuse risk, but also government approved medical uses.

                    Don't know if that make any difference.

                    Originally posted by SteveH
                    Ironic that someone here would imply i am a wife beating tweeker with an ammo collection.
                    Welcome to Calguns ...
                    Politicians and criminals are moral twins separated only by legal fiction.

                    Comment

                    • #11
                      SteveH
                      Senior Member
                      • Oct 2007
                      • 1576

                      I come here when i want expert advise on firearms related laws. I apreciate those who took the time to try to answer the question. Thanks.

                      Comment

                      • #12
                        jwb28
                        Senior Member
                        • Oct 2009
                        • 566

                        Yea, that jumping to conclusions thing is a *****. I usually don't post in other peoples tit for tat but. Speaking for myself I never thought you were a wife beating tweaker with some ammo. Your post sounded like you wanted to nail someone annon. or maybe trying to give said tweaker some advice.
                        I don't think anyone her accused you of anything Steve.

                        Comment

                        • #13
                          hawk1
                          In Memoriam
                          • Dec 2005
                          • 7555

                          How about getting back to what the OP asked for?...
                          sigpicNRA LIFE MEMBER

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                          • #14
                            Glock22Fan
                            Calguns Addict
                            • May 2006
                            • 5752

                            Originally posted by hawk1
                            How about getting back to what the OP asked for?...

                            What's wrong with the answers already given in the first few posts?

                            Frankly, if the hypotherical tweaker isn't banned, he darned well ought to be

                            However, if this is for the sake of educating cops on what might, or might not, stick, I would have thought that the legal opinion of the relevant D.A. in the cops' jurisdiction would carry a lot more weight than ours.

                            After all, there's no point in the cop arresting someone if the D.A. won't prosecute, and every point if they will.
                            John -- bitter gun owner.

                            All opinions expressed here are my own unless I say otherwise.
                            I am not a lawyer and this is not legal advice.

                            sigpic

                            Comment

                            • #15
                              hawk1
                              In Memoriam
                              • Dec 2005
                              • 7555

                              Originally posted by Glock22Fan
                              What's wrong with the answers already given in the first few posts?

                              Frankly, if the hypotherical tweaker isn't banned, he darned well ought to be

                              However, if this is for the sake of educating cops on what might, or might not, stick, I would have thought that the legal opinion of the relevant D.A. in the cops' jurisdiction would carry a lot more weight than ours.

                              After all, there's no point in the cop arresting someone if the D.A. won't prosecute, and every point if they will.
                              Nothing at all and wasn't pointed at you.
                              Posts 5 though 12 (not 11) that want to argue something else are not needed, but that's what happens when drugs are discussed.
                              sigpicNRA LIFE MEMBER

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