The Law Offices of Jerome P. Mullins: The California Criminal Law Observer: The Pardon Me! Resource Center:

12021

12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, of the State of California, or any
other state, government, or country, or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.

(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns or has
in his or her possession or under his or her custody or control any
firearm is guilty of a felony.

(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.

(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2,
417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of
Section 12034, Section 12040, subdivision (b) of Section 12072,
subdivision (a) of former Section 12100, Section 12220, 12320, or
12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions
Code, any firearm-related offense pursuant to Sections 871.5 and
1001.5 of the Welfare and Institutions Code, or of the conduct
punished in paragraph (3) of subdivision (g) of Section 12072, and
who, within 10 years of the conviction, owns, or has in his or her
possession or under his or her custody or control, any firearm is
guilty of a public offense, which shall be punishable by imprisonment
in a county jail not exceeding one year or in the state prison, by
a fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. The court, on forms prescribed by the
Department of Justice, shall notify the department of persons subject
to this subdivision. However, the prohibition in this paragraph may
be reduced, eliminated, or conditioned as provided in paragraph (2)
or (3).

(2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner. Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing. Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:

(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.

(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.

(C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.

In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances. The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court. Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed. It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted. However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner. It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.

(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction prior to January 1, 1991, may
petition the court only once for relief from this prohibition. The
petition shall be filed with the court in which the petitioner was
sentenced. If possible, the matter shall be heard before the same
judge that sentenced the petitioner. Upon filing the petition, the
clerk of the court shall set the hearing date and notify the
petitioner and the prosecuting attorney of the date of the hearing.
Upon making each of the following findings, the court may reduce or
eliminate the prohibition, impose conditions on reduction or
elimination of the prohibition, or otherwise grant relief from the
prohibition as the court deems appropriate:

(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.

(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.

(C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.

In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.

(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3), shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.

(d) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, or has in his or her
possession or under his or her custody or control, any firearm but
who is not subject to subdivision (a) or (c) is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms provided by the Department of
Justice, shall notify the department of persons subject to this
subdivision. The notice shall include a copy of the order of
probation and a copy of any minute order or abstract reflecting the
order and conditions of probation.

(e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), (2) is found to be a fit and proper subject to be dealt with
under the juvenile court law, and (3) is subsequently adjudged a ward
of the juvenile court within the meaning of Section 602 of the
Welfare and Institutions Code because the person committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c) shall not own, or have in his or her possession or under his or
her custody or control, any firearm until the age of 30 years. A
violation of this subdivision shall be punishable by imprisonment in
a county jail not exceeding one year or in the state prison, by a
fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. The juvenile court, on forms prescribed by
the Department of Justice, shall notify the department of persons
subject to this subdivision. Notwithstanding any other law, the
forms required to be submitted to the department pursuant to this
subdivision may be used to determine eligibility to acquire a
firearm.

(f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:

(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.

(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.

(g) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is subject to a
protective order as defined in Section 6218 of the Family Code, or a
temporary restraining order or injunction issued pursuant to Section
527.6 or 527.8 of the Code of Civil Procedure, is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. This subdivision does not apply unless the copy of the
restraining order personally served on the person against whom the
restraining order is issued contains a notice in bold print stating
(1) that the person is prohibited from purchasing or receiving or
attempting to purchase or receive a firearm and (2) specifying the
penalties for violating this subdivision, or a court has provided
actual verbal notice of the firearm prohibition and penalty as
provided in Section 6304 of the Family Code. However, this
subdivision does not apply if the firearm is received as part of the
disposition of community property pursuant to Division 7 (commencing
with Section 2500) of the Family Code.

Step: 1 * 2 * 3 * 4 * 5 * 6 * 7 * 8 * 9 * 10 * 11 * 12 *

Return to The Pardon Me! Resource Center Homepage

Return to The California Criminal Law Observer

Return to The Law Offices of Jerome P. Mullins

Please note that the materials included in this page and all of its subpages are intended to be general information only and are not provided in the course of an attorney-client relationship nor do they constitute legal advice. They are not intended to be a substitute for obtaining legal advice from your own legal counsel.

Current date: Saturday, 21-Dec-2024 23:23:30 EST
Remote Host: (none)
Client Software: Mozilla/5.0 AppleWebKit/537.36 (KHTML, like Gecko; compatible; ClaudeBot/1.0; +claudebot@anthropic.com)