Legal Question in Criminal Law in California

If you are convicted of a misdemeaner battery charge in california do you lose your gun rights?


Asked on 11/01/11, 8:16 pm

7 Answers from Attorneys
Joseph Camarata Camarata Law Group

If it is a simple battery (PC 242) the answer is no. If it is a spousal battery (PC 243(e)(1) or 273.5) then you may lose your gun rights for up to 10 years.

www.crimelawdefenselawyer.com

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Answered on 11/01/11, 8:26 pm
David M. Wallin Law Offices OF David M. Wallin

I have always been under the impression, although I haven't researched this issue for a long time, that ANY crime of violence would make owning a gun illegal for 10 years in state court and lifetime for Federal law. Need to research to make sure of this so I'll take a second look and get back if I'm wrong. David Wallin

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Answered on 11/01/11, 8:34 pm
Joe Dane Law Office of Joe Dane

I'm not sure what the issue is with the other answers. A conviction for misdemeanor battery (PC 242) means you cannot possess a firearm for 10 years in California. See Penal Code 12021.

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Answered on 11/02/11, 2:04 am
Anthony Roach Law Office of Anthony A. Roach

There's a huge list of misdemeanors that disqualify you from owning or possessing a gun for 10 years from the date of your conviction. There are about 33 of them. They are listed in Penal Code section 12021, subdivision (c)(1). http://law.onecle.com/california/penal/12021.html

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Answered on 11/03/11, 5:15 pm


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