Firearm Restrictions for Misdemeanors
Most people are aware that a felony conviction is accompanied by a firearm restriction that lasts for life. What is less well-known, however, is that many misdemeanor convictions also carry with them a firearm restriction. For example, if an individual were convicted of violating Penal Code section 242 – Battery, they would be prohibited from possessing and owning a firearm for ten years. This is due to the conviction’s being classified as a “violent misdemeanor” and the firearm restriction remains even though a battery has no factual nexus to firearms. What is more, even where there is no physical violence involved, a ten-year firearm restriction will be imposed. A person convicted of violating Penal Code section 422 – Criminal Threats will also find themselves unable to possess a firearm for ten years, even though there was no physical violence!
A lifetime firearm restriction may result if a defendant is convicted of violating Penal Code section 273.5 – Corporal Injury to a Spouse or Cohabitant, even if conviction is for a misdemeanor violation of that statute. Clearly, the Legislature has taken the approach that any crimes of violence should be taken seriously enough to restrict a person’s right to own and possess firearms, notwithstanding the Second Amendment’s guarantees. If you are concerned about preserving your right to own and possess firearms because of a criminal case, contact our office at (213) 668-7779 to begin your path to preserving your rights.








