Legal Question in Criminal Law in California

Re: Guns

Gun ownership is generally legal, though most lawyers -- and every court that has considered the issue -- agree that there is no actual right to gun ownership. Several types of guns cannot be owned legally, but most of the popular types can.

If you are a minor, then you can't own a gun until you become an adult. Even once you reach legal age it is possible to lose the ability to own firearms.

Convicted felons permanently lose their freedom to own a gun, though they can regain this freedom if their conviction is overturned or if they are pardoned. Possession (which is a broader concept than ownership) of a firearm by a felon is itself a felony. People who are subject to restraining orders or other court orders also may not have a gun.

You will also need a gun permit, but they are not hard for most people to obtain. If you have no criminal history, no standing court orders and no history of violence, you will probably have no problem getting this type of permit.

So, if you are an adult, have a permit, are not a convicted felon and are not subject to a court order which forbids you to have a gun, you can have one -- provided that the type of gun you want hasn't been outlawed.

Keep in mind that you can't just slip a gun in your pocket and go about your day with it. Carrying a concealed weapon is a crime, and rightly so. It is possible to get a permit to carry a concealed weapon but, unlike regular gun permits, these are very hard to obtain and few civillians have them.

There may be other restrictions on where and how you can carry your gun, even if you can legally own it and even if it is of a legal variety. Since I have no interest in guns and don't believe they should be so freely available, I am not familiar with the details of any such restrictions.

Re: Guns

I don't agree with attorney Hoffman in that, generally, you don't need a permit to own a gun.

In California, assuming you are 18 or over and you are not a convicted felon, adjudicated as mentally ill, a drug addict, or under a domestic violence restraining order, you can go to a gun store (or gun show) and purchase one. There is a 15-day waiting period, and you might have to complete a simple gun education course.

That having been said, there are a few things you should know. First of all, it is easy to get in legal trouble with a gun, as there are lots of laws that regulate where and how you can transport it (among other things). Second, some studies have found that a gun in your home can be hazardous to the gun owner and members of his or her family (as the gun is available for use in suicides, domestic disputes, etc.). On the other hand, nobody keeps statistics on how often people successfully use guns to lawfully defend themselves against crime. In the LA riots of 1992, the store owners with guns were often the ones who didn't get looted. Even if you blow away an armed burglar, however, you could get sued or criminally charged -- even if you use a gun in legal self-defense you might have to face criminal charges and hire an expensive private lawyer to successfully defend the charges.

People have also gotten in big trouble based on laws such as "10-20-life" which can land you in prison for merely illegally firing your weapon.

The California courts, police, and legislators are all very much against private ownership of guns. If you just want to practice target shooting, you might want to patronize your local shooting range, some of them will rent or lend you a firearm for use there.

See www.nra.org for (pro-gun) information on gun ownership.

Re: Guns

If you are a convicted felon or have ever been subject to a restraining order, you don't.

Other than that, you have a 2nd Amendment right to 'keep and bear arms' by owning a gun, except in some 'peoples republics' like SanFran, NYC, Chicago, etc.

Start by going to your local gun store, getting and reading a copy of the firearms rules in handbook form; most gun stores have them, or can put you in touch with them. Then go to the store to chose what you want to buy with advice from the store, fill out the required paperwork & registration forms and take the required gun safety test, wait the 'waiting period' while the FBI and state do a background check, at the end of the waiting period go pick up your gun, then safely transport and store it.

If you are not familiar with handling guns and shooting, you really should go to a safety training course before doing anything else [even before buying a gun], your local store should know where to send you. Guns are fatally dangerous in the hands of careless or ignorant people; don't be one.