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Page | 1 Sacramento Superior Court Firearms Packet (Updated July 2019)

Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor

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Page 1: Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor

Page | 1

Sacramento

Superior Court

Firearms Packet (Updated July 2019)

Page | 2

Persons Prohibited from Possessing Firearms

Pursuant to Penal Code section 29810 you are prohibited from owning

or possessing a firearm You are REQUIRED to relinquish all firearms

ammunition and feeding devices including but not limited to magazines

within 5 days of being convicted of any crime listed on page 3 of this

packet

You have three (3) options to surrender your firearms

1 Surrender your firearms(s) to any local law enforcement agency

A The law requires that you telephone the law enforcement agency that you will

surrender your firearm(s) to

B Tell them you are surrendering your firearm(s) per a Court order

C You must transport your firearm(s) to the law enforcement agency Read the

attached information sheet on page 3 Instructions for Legal Transport of

Firearm(s)

2 Sell your firearm(s) to a registered gun dealer

A The gun dealer must be listed with the California Department of Justice Firearms

Dealers Centralized list httpfflgundealersnettransfercalifornia

B You must transport your firearm(s) to the gun dealer Read the attached

information sheet on Page 3 Instructions for Legal Transport of Firearm(s)

3 Designate a third party to act or your behalf

A Immediately designate a third party person someone who is not prohibited from

possessing a firearm to act on your behalf You must complete the Power of

Attorney form in this packet

B The person you designate will surrender the firearm(s) to a local law enforcement

agency (Option 1) or sell the firearm(s) to a dealer (Option 2)

C Read the attached information sheet on Page 3 Instructions for Legal Transport of

Firearm(s)

Page | 3

Firearms Restriction For convictions of any of the following charges a firearm restriction will apply

Any Felony

o Lifetime prohibition

The following Misdemeanors charges carry a lifetime prohibition

o PC 245(a)(2)

o PC 246

o PC 2735

o PC 417(a)(2) Two or more convictions

o PC 417(c)

o ldquoMisdemeanor crime of domestic violencerdquo

The following Misdemeanors charges carry a 10 year restriction

o PC 71

o PC 76

o PC 1361

o PC 1365

o PC 140

o PC 148(d)

o PC 1485(f)

o PC 171b

o PC 171c(a)(1)

o PC 171d

o PC 18628

o PC 240

o PC 241

o PC 242

o PC 243

o PC 2434

o PC 2445

o PC 245

o PC 2455

o PC 2463

o PC 247

o PC 2736

o PC 417

o PC 4176

o PC 422

o PC 4902

o PC 6269

o PC 6469

o PC 83095

o Former PC

12100(a)

o PC 17500

o PC 17510

o PC 25300

o PC 25800

o PC 30315

o PC 32625

o PC 26100(b) amp (d)

o PC 27510

o PC 27590 (c)

o PC 29805

o WI 8715 Firearms

related conviction

o WI 10015 Firearms

related conviction

o WI 8100

o WI 8101

o WI 8103

browerb
Typewritten Text
and PC 4226

Page | 4

Instructions for Legal Transport of Firearm(s)

1 You must call the law enforcement agency first and notify them that you

are turning in a firearm and ammunition per Court order

2 The firearm(s) must not be loaded

3 When transporting the firearm(s) in a vehicle it must be locked inside the

trunk or in a locked container in the back of the vehicle out of armrsquos reach

(PC 25610)

4 The law enforcement agency will give you instructions on surrendering

ammunition Some agencies may ask you to make more than one trip one

trip to surrender the firearm(s) and another trip to surrender the

ammunition Ammunition must be transported in a box or specific

ammunition can separate from the firearm(s)

5 You must drive straight to the law enforcement agency Do not stop

anywhere else

6 Call the agency immediately when you arrive or go inside and ask for

further instructions Leave the firearm(s) inside the vehicle unless you

have been instructed otherwise

PAGE 1 of 2

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE PROHIBITING CATEGORIES (Rev 072018)

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

State and federal law make it unlawful for certain persons to own andor possess firearms including

bull

bull

bull

bull

bull

bull

bull

Any person who has been convicted of or has an outstanding warrant for a felony under the laws of the United States the State of California or any other state government or country or of an offense enumerated in subdivision (a) (b) or (d) of Section 23515 or who is addicted to the use of any narcotic drug

Any person who has been convicted of an offense enumerated in Penal Code sections 29900 or 29905

Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815 subdivisions (a) and (b)

Any person who has been convicted of or has an outstanding warrant for a misdemeanor listed in Penal Code section 29805 (refer to List of Prohibiting Misdemeanors)

Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b) an offense described in Penal Code section 1203073(b) or any offense enumerated in Penal Code section 29805

Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 5276 or 5278 a protective order as defined in Family Code section 6218 a protective order issued pursuant to Penal Code sections 1362 or 64691 or a protective order issued pursuant to Welfare and Institutions Code section 1565703

Any person who is found by a court to be a danger to himself herself or others because of a mental illness

bull

bull

Any person who is found by a court to be mentally incompetent to stand trial

Any person who is found by a court to be not guilty by reason of insanity

bull

bull

bull

bull

bull

bull

bull

bull

bull

bull

Any person who is adjudicated to be a mentally disordered sex offender

Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism

Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement

Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150 assessed under Welfare and Institutions Code section 5151 and admitted to a mental health facility under Welfare and Institutions Code sections 5151 5152 or certified under Welfare and Institutions Code sections 5250 5260 and 527015

Any person who is addicted to the use of narcotics (state and federal)

Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal)

Any person who has been discharged from the military under dishonorable conditions (federal)

Any person who is an illegal alien (federal)

Any person who has renounced his or her US Citizenship (federal)

Any person who is a fugitive from justice (federal)

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

PROHIBITING CATEGORIES (Rev 072018) PAGE 2 of 2

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction but the duration of each prohibition may vary All statutory references are to the California Penal Code unless otherwise indicated

bull bull

bull bull bull bull bull bull bull bull bull bull

Threatening public officers employees and school officials (Pen Code sect 71) Threatening certain public officers appointees judges staff or their families with the intent and apparent ability to carry out the threat (Pen Code sect 76) Intimidating witnesses or victims (Pen Code sect 1361) Possessing a deadly weapon with the intent to intimidate a witness (Pen Code sect 1365) Threatening witnesses victims or informants (Pen Code sect 140) Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen Code sect 148(d)) A person who reports to a person that a firearm has been lost or stolen knowing the report to be false (Pen Code sect 1485(f)) Unauthorized possession of a weapon in a courtroom Courthouse or court building or at a public meeting (Pen Code sect 171(b)) Bringing into or possessing a loaded firearm within the state capitol legislative offices etc (Pen Code sect 171(c)) Taking into or possessing loaded firearms within the Governors Mansion or residence of other constitutional officers (Pen Code 171(d)) Supplying selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen Code sect 18628) Assault (Pen Code sectsect 240 241)

bull bull bull bull bull

bull

Battery (Pen Code sectsect 242 243) Sexual Battery (Pen Code sect 2434) Assault with a stun gun or taser weapon (Pen Code sect 2445) Assault with a deadly weapon other than a firearm or with force likely to produce great bodily injury (Pen Code sect 245) Assault with a deadly weapon or instrument by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen Code sect 2455 ) Discharging a firearm in a grossly negligent manner (Pen Code sect 2463)

bull bull bull bull bull bull bull bull bull bull bull bull

bull

Shooting at an unoccupied aircraft motor vehicle or uninhabited building or dwelling house (Pen Code sect 247) Inflicting corporal injury on a spouse or significant other (Pen Code sect 2735) Willfully violating a domestic protective order (Pen Code sect 2736) Drawing exhibiting or using deadly weapon other than a firearm (Pen Code sect 417 subd (a)(1) amp (a)(2)) Inflicting serious bodily injury as a result of brandishing (Pen Code sect 4176) Making threats to commit a crime which will result in death or great bodily injury to another person (Pen Code sect 422) Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen Code sect 4226) Bringing into or possessing firearms upon or within public schools and grounds (Pen Code sect 6269) Stalking (Pen Code sect 6469) Armed criminal action (Pen Code sect 25800) Possessing a deadly weapon with intent to commit an assault (Pen Code sect 17500) Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen Code sect 26100 subd (b) or (d)) Criminal possession of a firearm (Pen Code sect 25300)

bull bull bull bull bull bull

bull bull bull

bull bull

Firearms dealer who sells transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen Code sect 27510) Various violations involving sales and transfers of firearms (Pen Code sect 27590 subd (c)) Person or corporation who sells any concealable firearm to any minor (former Pen Code sect 12100 subd (a)) Unauthorized possessiontransportation of a machine gun (Pen Code sect 32625) Possession of ammunition designed to penetrate metal or armor (Pen Code sect 30315) Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen Code sectsect 83095 subd (a) 7510 subd (a) Bringing firearm related contraband into juvenile hall (Welf amp Inst Code sect 8715) Bringing firearm related contraband into a youth authority institution (Welf amp Inst Code sect 10015) Purchase possession or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf amp Inst Code sect 8100) Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf amp Inst Code sect 8101) Purchase possession or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial or not guilty by reason of insanity and individuals placed under conservatorship (Welf amp Inst Code sect 8103)

The following misdemeanor convictions result in a lifetime prohibition

bull bull

bull bull

Assault with a firearm (Pen Code sectsect 29800 subd (a)(1) 23515 subd (a)) Shooting at an inhabited or occupied dwelling house building vehicle aircraft housecar or camper (Pen Code sectsect 246 29800 subd (a)(1) 17510 23515 subd (b)) Brandishing a firearm in presence of a peace officer (Pen Code sectsect 417 subd (c) 23515 subd (d) 29800 subd (a)(1)) Two or more convictions of Penal Code section 417 subdivision (a)(2) (Pen Code sect 29800 subd (a)(2)) A ldquomisdemeanor crime of domestic violencerdquo (18 USC sectsect 921(a)(33)(A) 922(g)(9))

Note The Department of Justice provides this document for informational purposes only This list may not be inclusive of all firearms prohibitions For specific legal advice please consult with an attorney licensed to practice law in California

Page 2: Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor

Page | 2

Persons Prohibited from Possessing Firearms

Pursuant to Penal Code section 29810 you are prohibited from owning

or possessing a firearm You are REQUIRED to relinquish all firearms

ammunition and feeding devices including but not limited to magazines

within 5 days of being convicted of any crime listed on page 3 of this

packet

You have three (3) options to surrender your firearms

1 Surrender your firearms(s) to any local law enforcement agency

A The law requires that you telephone the law enforcement agency that you will

surrender your firearm(s) to

B Tell them you are surrendering your firearm(s) per a Court order

C You must transport your firearm(s) to the law enforcement agency Read the

attached information sheet on page 3 Instructions for Legal Transport of

Firearm(s)

2 Sell your firearm(s) to a registered gun dealer

A The gun dealer must be listed with the California Department of Justice Firearms

Dealers Centralized list httpfflgundealersnettransfercalifornia

B You must transport your firearm(s) to the gun dealer Read the attached

information sheet on Page 3 Instructions for Legal Transport of Firearm(s)

3 Designate a third party to act or your behalf

A Immediately designate a third party person someone who is not prohibited from

possessing a firearm to act on your behalf You must complete the Power of

Attorney form in this packet

B The person you designate will surrender the firearm(s) to a local law enforcement

agency (Option 1) or sell the firearm(s) to a dealer (Option 2)

C Read the attached information sheet on Page 3 Instructions for Legal Transport of

Firearm(s)

Page | 3

Firearms Restriction For convictions of any of the following charges a firearm restriction will apply

Any Felony

o Lifetime prohibition

The following Misdemeanors charges carry a lifetime prohibition

o PC 245(a)(2)

o PC 246

o PC 2735

o PC 417(a)(2) Two or more convictions

o PC 417(c)

o ldquoMisdemeanor crime of domestic violencerdquo

The following Misdemeanors charges carry a 10 year restriction

o PC 71

o PC 76

o PC 1361

o PC 1365

o PC 140

o PC 148(d)

o PC 1485(f)

o PC 171b

o PC 171c(a)(1)

o PC 171d

o PC 18628

o PC 240

o PC 241

o PC 242

o PC 243

o PC 2434

o PC 2445

o PC 245

o PC 2455

o PC 2463

o PC 247

o PC 2736

o PC 417

o PC 4176

o PC 422

o PC 4902

o PC 6269

o PC 6469

o PC 83095

o Former PC

12100(a)

o PC 17500

o PC 17510

o PC 25300

o PC 25800

o PC 30315

o PC 32625

o PC 26100(b) amp (d)

o PC 27510

o PC 27590 (c)

o PC 29805

o WI 8715 Firearms

related conviction

o WI 10015 Firearms

related conviction

o WI 8100

o WI 8101

o WI 8103

browerb
Typewritten Text
and PC 4226

Page | 4

Instructions for Legal Transport of Firearm(s)

1 You must call the law enforcement agency first and notify them that you

are turning in a firearm and ammunition per Court order

2 The firearm(s) must not be loaded

3 When transporting the firearm(s) in a vehicle it must be locked inside the

trunk or in a locked container in the back of the vehicle out of armrsquos reach

(PC 25610)

4 The law enforcement agency will give you instructions on surrendering

ammunition Some agencies may ask you to make more than one trip one

trip to surrender the firearm(s) and another trip to surrender the

ammunition Ammunition must be transported in a box or specific

ammunition can separate from the firearm(s)

5 You must drive straight to the law enforcement agency Do not stop

anywhere else

6 Call the agency immediately when you arrive or go inside and ask for

further instructions Leave the firearm(s) inside the vehicle unless you

have been instructed otherwise

PAGE 1 of 2

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE PROHIBITING CATEGORIES (Rev 072018)

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

State and federal law make it unlawful for certain persons to own andor possess firearms including

bull

bull

bull

bull

bull

bull

bull

Any person who has been convicted of or has an outstanding warrant for a felony under the laws of the United States the State of California or any other state government or country or of an offense enumerated in subdivision (a) (b) or (d) of Section 23515 or who is addicted to the use of any narcotic drug

Any person who has been convicted of an offense enumerated in Penal Code sections 29900 or 29905

Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815 subdivisions (a) and (b)

Any person who has been convicted of or has an outstanding warrant for a misdemeanor listed in Penal Code section 29805 (refer to List of Prohibiting Misdemeanors)

Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b) an offense described in Penal Code section 1203073(b) or any offense enumerated in Penal Code section 29805

Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 5276 or 5278 a protective order as defined in Family Code section 6218 a protective order issued pursuant to Penal Code sections 1362 or 64691 or a protective order issued pursuant to Welfare and Institutions Code section 1565703

Any person who is found by a court to be a danger to himself herself or others because of a mental illness

bull

bull

Any person who is found by a court to be mentally incompetent to stand trial

Any person who is found by a court to be not guilty by reason of insanity

bull

bull

bull

bull

bull

bull

bull

bull

bull

bull

Any person who is adjudicated to be a mentally disordered sex offender

Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism

Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement

Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150 assessed under Welfare and Institutions Code section 5151 and admitted to a mental health facility under Welfare and Institutions Code sections 5151 5152 or certified under Welfare and Institutions Code sections 5250 5260 and 527015

Any person who is addicted to the use of narcotics (state and federal)

Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal)

Any person who has been discharged from the military under dishonorable conditions (federal)

Any person who is an illegal alien (federal)

Any person who has renounced his or her US Citizenship (federal)

Any person who is a fugitive from justice (federal)

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

PROHIBITING CATEGORIES (Rev 072018) PAGE 2 of 2

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction but the duration of each prohibition may vary All statutory references are to the California Penal Code unless otherwise indicated

bull bull

bull bull bull bull bull bull bull bull bull bull

Threatening public officers employees and school officials (Pen Code sect 71) Threatening certain public officers appointees judges staff or their families with the intent and apparent ability to carry out the threat (Pen Code sect 76) Intimidating witnesses or victims (Pen Code sect 1361) Possessing a deadly weapon with the intent to intimidate a witness (Pen Code sect 1365) Threatening witnesses victims or informants (Pen Code sect 140) Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen Code sect 148(d)) A person who reports to a person that a firearm has been lost or stolen knowing the report to be false (Pen Code sect 1485(f)) Unauthorized possession of a weapon in a courtroom Courthouse or court building or at a public meeting (Pen Code sect 171(b)) Bringing into or possessing a loaded firearm within the state capitol legislative offices etc (Pen Code sect 171(c)) Taking into or possessing loaded firearms within the Governors Mansion or residence of other constitutional officers (Pen Code 171(d)) Supplying selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen Code sect 18628) Assault (Pen Code sectsect 240 241)

bull bull bull bull bull

bull

Battery (Pen Code sectsect 242 243) Sexual Battery (Pen Code sect 2434) Assault with a stun gun or taser weapon (Pen Code sect 2445) Assault with a deadly weapon other than a firearm or with force likely to produce great bodily injury (Pen Code sect 245) Assault with a deadly weapon or instrument by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen Code sect 2455 ) Discharging a firearm in a grossly negligent manner (Pen Code sect 2463)

bull bull bull bull bull bull bull bull bull bull bull bull

bull

Shooting at an unoccupied aircraft motor vehicle or uninhabited building or dwelling house (Pen Code sect 247) Inflicting corporal injury on a spouse or significant other (Pen Code sect 2735) Willfully violating a domestic protective order (Pen Code sect 2736) Drawing exhibiting or using deadly weapon other than a firearm (Pen Code sect 417 subd (a)(1) amp (a)(2)) Inflicting serious bodily injury as a result of brandishing (Pen Code sect 4176) Making threats to commit a crime which will result in death or great bodily injury to another person (Pen Code sect 422) Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen Code sect 4226) Bringing into or possessing firearms upon or within public schools and grounds (Pen Code sect 6269) Stalking (Pen Code sect 6469) Armed criminal action (Pen Code sect 25800) Possessing a deadly weapon with intent to commit an assault (Pen Code sect 17500) Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen Code sect 26100 subd (b) or (d)) Criminal possession of a firearm (Pen Code sect 25300)

bull bull bull bull bull bull

bull bull bull

bull bull

Firearms dealer who sells transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen Code sect 27510) Various violations involving sales and transfers of firearms (Pen Code sect 27590 subd (c)) Person or corporation who sells any concealable firearm to any minor (former Pen Code sect 12100 subd (a)) Unauthorized possessiontransportation of a machine gun (Pen Code sect 32625) Possession of ammunition designed to penetrate metal or armor (Pen Code sect 30315) Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen Code sectsect 83095 subd (a) 7510 subd (a) Bringing firearm related contraband into juvenile hall (Welf amp Inst Code sect 8715) Bringing firearm related contraband into a youth authority institution (Welf amp Inst Code sect 10015) Purchase possession or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf amp Inst Code sect 8100) Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf amp Inst Code sect 8101) Purchase possession or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial or not guilty by reason of insanity and individuals placed under conservatorship (Welf amp Inst Code sect 8103)

The following misdemeanor convictions result in a lifetime prohibition

bull bull

bull bull

Assault with a firearm (Pen Code sectsect 29800 subd (a)(1) 23515 subd (a)) Shooting at an inhabited or occupied dwelling house building vehicle aircraft housecar or camper (Pen Code sectsect 246 29800 subd (a)(1) 17510 23515 subd (b)) Brandishing a firearm in presence of a peace officer (Pen Code sectsect 417 subd (c) 23515 subd (d) 29800 subd (a)(1)) Two or more convictions of Penal Code section 417 subdivision (a)(2) (Pen Code sect 29800 subd (a)(2)) A ldquomisdemeanor crime of domestic violencerdquo (18 USC sectsect 921(a)(33)(A) 922(g)(9))

Note The Department of Justice provides this document for informational purposes only This list may not be inclusive of all firearms prohibitions For specific legal advice please consult with an attorney licensed to practice law in California

Page 3: Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor

Page | 3

Firearms Restriction For convictions of any of the following charges a firearm restriction will apply

Any Felony

o Lifetime prohibition

The following Misdemeanors charges carry a lifetime prohibition

o PC 245(a)(2)

o PC 246

o PC 2735

o PC 417(a)(2) Two or more convictions

o PC 417(c)

o ldquoMisdemeanor crime of domestic violencerdquo

The following Misdemeanors charges carry a 10 year restriction

o PC 71

o PC 76

o PC 1361

o PC 1365

o PC 140

o PC 148(d)

o PC 1485(f)

o PC 171b

o PC 171c(a)(1)

o PC 171d

o PC 18628

o PC 240

o PC 241

o PC 242

o PC 243

o PC 2434

o PC 2445

o PC 245

o PC 2455

o PC 2463

o PC 247

o PC 2736

o PC 417

o PC 4176

o PC 422

o PC 4902

o PC 6269

o PC 6469

o PC 83095

o Former PC

12100(a)

o PC 17500

o PC 17510

o PC 25300

o PC 25800

o PC 30315

o PC 32625

o PC 26100(b) amp (d)

o PC 27510

o PC 27590 (c)

o PC 29805

o WI 8715 Firearms

related conviction

o WI 10015 Firearms

related conviction

o WI 8100

o WI 8101

o WI 8103

browerb
Typewritten Text
and PC 4226

Page | 4

Instructions for Legal Transport of Firearm(s)

1 You must call the law enforcement agency first and notify them that you

are turning in a firearm and ammunition per Court order

2 The firearm(s) must not be loaded

3 When transporting the firearm(s) in a vehicle it must be locked inside the

trunk or in a locked container in the back of the vehicle out of armrsquos reach

(PC 25610)

4 The law enforcement agency will give you instructions on surrendering

ammunition Some agencies may ask you to make more than one trip one

trip to surrender the firearm(s) and another trip to surrender the

ammunition Ammunition must be transported in a box or specific

ammunition can separate from the firearm(s)

5 You must drive straight to the law enforcement agency Do not stop

anywhere else

6 Call the agency immediately when you arrive or go inside and ask for

further instructions Leave the firearm(s) inside the vehicle unless you

have been instructed otherwise

PAGE 1 of 2

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE PROHIBITING CATEGORIES (Rev 072018)

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

State and federal law make it unlawful for certain persons to own andor possess firearms including

bull

bull

bull

bull

bull

bull

bull

Any person who has been convicted of or has an outstanding warrant for a felony under the laws of the United States the State of California or any other state government or country or of an offense enumerated in subdivision (a) (b) or (d) of Section 23515 or who is addicted to the use of any narcotic drug

Any person who has been convicted of an offense enumerated in Penal Code sections 29900 or 29905

Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815 subdivisions (a) and (b)

Any person who has been convicted of or has an outstanding warrant for a misdemeanor listed in Penal Code section 29805 (refer to List of Prohibiting Misdemeanors)

Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b) an offense described in Penal Code section 1203073(b) or any offense enumerated in Penal Code section 29805

Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 5276 or 5278 a protective order as defined in Family Code section 6218 a protective order issued pursuant to Penal Code sections 1362 or 64691 or a protective order issued pursuant to Welfare and Institutions Code section 1565703

Any person who is found by a court to be a danger to himself herself or others because of a mental illness

bull

bull

Any person who is found by a court to be mentally incompetent to stand trial

Any person who is found by a court to be not guilty by reason of insanity

bull

bull

bull

bull

bull

bull

bull

bull

bull

bull

Any person who is adjudicated to be a mentally disordered sex offender

Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism

Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement

Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150 assessed under Welfare and Institutions Code section 5151 and admitted to a mental health facility under Welfare and Institutions Code sections 5151 5152 or certified under Welfare and Institutions Code sections 5250 5260 and 527015

Any person who is addicted to the use of narcotics (state and federal)

Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal)

Any person who has been discharged from the military under dishonorable conditions (federal)

Any person who is an illegal alien (federal)

Any person who has renounced his or her US Citizenship (federal)

Any person who is a fugitive from justice (federal)

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

PROHIBITING CATEGORIES (Rev 072018) PAGE 2 of 2

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction but the duration of each prohibition may vary All statutory references are to the California Penal Code unless otherwise indicated

bull bull

bull bull bull bull bull bull bull bull bull bull

Threatening public officers employees and school officials (Pen Code sect 71) Threatening certain public officers appointees judges staff or their families with the intent and apparent ability to carry out the threat (Pen Code sect 76) Intimidating witnesses or victims (Pen Code sect 1361) Possessing a deadly weapon with the intent to intimidate a witness (Pen Code sect 1365) Threatening witnesses victims or informants (Pen Code sect 140) Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen Code sect 148(d)) A person who reports to a person that a firearm has been lost or stolen knowing the report to be false (Pen Code sect 1485(f)) Unauthorized possession of a weapon in a courtroom Courthouse or court building or at a public meeting (Pen Code sect 171(b)) Bringing into or possessing a loaded firearm within the state capitol legislative offices etc (Pen Code sect 171(c)) Taking into or possessing loaded firearms within the Governors Mansion or residence of other constitutional officers (Pen Code 171(d)) Supplying selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen Code sect 18628) Assault (Pen Code sectsect 240 241)

bull bull bull bull bull

bull

Battery (Pen Code sectsect 242 243) Sexual Battery (Pen Code sect 2434) Assault with a stun gun or taser weapon (Pen Code sect 2445) Assault with a deadly weapon other than a firearm or with force likely to produce great bodily injury (Pen Code sect 245) Assault with a deadly weapon or instrument by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen Code sect 2455 ) Discharging a firearm in a grossly negligent manner (Pen Code sect 2463)

bull bull bull bull bull bull bull bull bull bull bull bull

bull

Shooting at an unoccupied aircraft motor vehicle or uninhabited building or dwelling house (Pen Code sect 247) Inflicting corporal injury on a spouse or significant other (Pen Code sect 2735) Willfully violating a domestic protective order (Pen Code sect 2736) Drawing exhibiting or using deadly weapon other than a firearm (Pen Code sect 417 subd (a)(1) amp (a)(2)) Inflicting serious bodily injury as a result of brandishing (Pen Code sect 4176) Making threats to commit a crime which will result in death or great bodily injury to another person (Pen Code sect 422) Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen Code sect 4226) Bringing into or possessing firearms upon or within public schools and grounds (Pen Code sect 6269) Stalking (Pen Code sect 6469) Armed criminal action (Pen Code sect 25800) Possessing a deadly weapon with intent to commit an assault (Pen Code sect 17500) Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen Code sect 26100 subd (b) or (d)) Criminal possession of a firearm (Pen Code sect 25300)

bull bull bull bull bull bull

bull bull bull

bull bull

Firearms dealer who sells transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen Code sect 27510) Various violations involving sales and transfers of firearms (Pen Code sect 27590 subd (c)) Person or corporation who sells any concealable firearm to any minor (former Pen Code sect 12100 subd (a)) Unauthorized possessiontransportation of a machine gun (Pen Code sect 32625) Possession of ammunition designed to penetrate metal or armor (Pen Code sect 30315) Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen Code sectsect 83095 subd (a) 7510 subd (a) Bringing firearm related contraband into juvenile hall (Welf amp Inst Code sect 8715) Bringing firearm related contraband into a youth authority institution (Welf amp Inst Code sect 10015) Purchase possession or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf amp Inst Code sect 8100) Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf amp Inst Code sect 8101) Purchase possession or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial or not guilty by reason of insanity and individuals placed under conservatorship (Welf amp Inst Code sect 8103)

The following misdemeanor convictions result in a lifetime prohibition

bull bull

bull bull

Assault with a firearm (Pen Code sectsect 29800 subd (a)(1) 23515 subd (a)) Shooting at an inhabited or occupied dwelling house building vehicle aircraft housecar or camper (Pen Code sectsect 246 29800 subd (a)(1) 17510 23515 subd (b)) Brandishing a firearm in presence of a peace officer (Pen Code sectsect 417 subd (c) 23515 subd (d) 29800 subd (a)(1)) Two or more convictions of Penal Code section 417 subdivision (a)(2) (Pen Code sect 29800 subd (a)(2)) A ldquomisdemeanor crime of domestic violencerdquo (18 USC sectsect 921(a)(33)(A) 922(g)(9))

Note The Department of Justice provides this document for informational purposes only This list may not be inclusive of all firearms prohibitions For specific legal advice please consult with an attorney licensed to practice law in California

Page 4: Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor

Page | 4

Instructions for Legal Transport of Firearm(s)

1 You must call the law enforcement agency first and notify them that you

are turning in a firearm and ammunition per Court order

2 The firearm(s) must not be loaded

3 When transporting the firearm(s) in a vehicle it must be locked inside the

trunk or in a locked container in the back of the vehicle out of armrsquos reach

(PC 25610)

4 The law enforcement agency will give you instructions on surrendering

ammunition Some agencies may ask you to make more than one trip one

trip to surrender the firearm(s) and another trip to surrender the

ammunition Ammunition must be transported in a box or specific

ammunition can separate from the firearm(s)

5 You must drive straight to the law enforcement agency Do not stop

anywhere else

6 Call the agency immediately when you arrive or go inside and ask for

further instructions Leave the firearm(s) inside the vehicle unless you

have been instructed otherwise

PAGE 1 of 2

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE PROHIBITING CATEGORIES (Rev 072018)

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

State and federal law make it unlawful for certain persons to own andor possess firearms including

bull

bull

bull

bull

bull

bull

bull

Any person who has been convicted of or has an outstanding warrant for a felony under the laws of the United States the State of California or any other state government or country or of an offense enumerated in subdivision (a) (b) or (d) of Section 23515 or who is addicted to the use of any narcotic drug

Any person who has been convicted of an offense enumerated in Penal Code sections 29900 or 29905

Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815 subdivisions (a) and (b)

Any person who has been convicted of or has an outstanding warrant for a misdemeanor listed in Penal Code section 29805 (refer to List of Prohibiting Misdemeanors)

Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b) an offense described in Penal Code section 1203073(b) or any offense enumerated in Penal Code section 29805

Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 5276 or 5278 a protective order as defined in Family Code section 6218 a protective order issued pursuant to Penal Code sections 1362 or 64691 or a protective order issued pursuant to Welfare and Institutions Code section 1565703

Any person who is found by a court to be a danger to himself herself or others because of a mental illness

bull

bull

Any person who is found by a court to be mentally incompetent to stand trial

Any person who is found by a court to be not guilty by reason of insanity

bull

bull

bull

bull

bull

bull

bull

bull

bull

bull

Any person who is adjudicated to be a mentally disordered sex offender

Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism

Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement

Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150 assessed under Welfare and Institutions Code section 5151 and admitted to a mental health facility under Welfare and Institutions Code sections 5151 5152 or certified under Welfare and Institutions Code sections 5250 5260 and 527015

Any person who is addicted to the use of narcotics (state and federal)

Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal)

Any person who has been discharged from the military under dishonorable conditions (federal)

Any person who is an illegal alien (federal)

Any person who has renounced his or her US Citizenship (federal)

Any person who is a fugitive from justice (federal)

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

PROHIBITING CATEGORIES (Rev 072018) PAGE 2 of 2

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction but the duration of each prohibition may vary All statutory references are to the California Penal Code unless otherwise indicated

bull bull

bull bull bull bull bull bull bull bull bull bull

Threatening public officers employees and school officials (Pen Code sect 71) Threatening certain public officers appointees judges staff or their families with the intent and apparent ability to carry out the threat (Pen Code sect 76) Intimidating witnesses or victims (Pen Code sect 1361) Possessing a deadly weapon with the intent to intimidate a witness (Pen Code sect 1365) Threatening witnesses victims or informants (Pen Code sect 140) Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen Code sect 148(d)) A person who reports to a person that a firearm has been lost or stolen knowing the report to be false (Pen Code sect 1485(f)) Unauthorized possession of a weapon in a courtroom Courthouse or court building or at a public meeting (Pen Code sect 171(b)) Bringing into or possessing a loaded firearm within the state capitol legislative offices etc (Pen Code sect 171(c)) Taking into or possessing loaded firearms within the Governors Mansion or residence of other constitutional officers (Pen Code 171(d)) Supplying selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen Code sect 18628) Assault (Pen Code sectsect 240 241)

bull bull bull bull bull

bull

Battery (Pen Code sectsect 242 243) Sexual Battery (Pen Code sect 2434) Assault with a stun gun or taser weapon (Pen Code sect 2445) Assault with a deadly weapon other than a firearm or with force likely to produce great bodily injury (Pen Code sect 245) Assault with a deadly weapon or instrument by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen Code sect 2455 ) Discharging a firearm in a grossly negligent manner (Pen Code sect 2463)

bull bull bull bull bull bull bull bull bull bull bull bull

bull

Shooting at an unoccupied aircraft motor vehicle or uninhabited building or dwelling house (Pen Code sect 247) Inflicting corporal injury on a spouse or significant other (Pen Code sect 2735) Willfully violating a domestic protective order (Pen Code sect 2736) Drawing exhibiting or using deadly weapon other than a firearm (Pen Code sect 417 subd (a)(1) amp (a)(2)) Inflicting serious bodily injury as a result of brandishing (Pen Code sect 4176) Making threats to commit a crime which will result in death or great bodily injury to another person (Pen Code sect 422) Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen Code sect 4226) Bringing into or possessing firearms upon or within public schools and grounds (Pen Code sect 6269) Stalking (Pen Code sect 6469) Armed criminal action (Pen Code sect 25800) Possessing a deadly weapon with intent to commit an assault (Pen Code sect 17500) Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen Code sect 26100 subd (b) or (d)) Criminal possession of a firearm (Pen Code sect 25300)

bull bull bull bull bull bull

bull bull bull

bull bull

Firearms dealer who sells transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen Code sect 27510) Various violations involving sales and transfers of firearms (Pen Code sect 27590 subd (c)) Person or corporation who sells any concealable firearm to any minor (former Pen Code sect 12100 subd (a)) Unauthorized possessiontransportation of a machine gun (Pen Code sect 32625) Possession of ammunition designed to penetrate metal or armor (Pen Code sect 30315) Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen Code sectsect 83095 subd (a) 7510 subd (a) Bringing firearm related contraband into juvenile hall (Welf amp Inst Code sect 8715) Bringing firearm related contraband into a youth authority institution (Welf amp Inst Code sect 10015) Purchase possession or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf amp Inst Code sect 8100) Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf amp Inst Code sect 8101) Purchase possession or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial or not guilty by reason of insanity and individuals placed under conservatorship (Welf amp Inst Code sect 8103)

The following misdemeanor convictions result in a lifetime prohibition

bull bull

bull bull

Assault with a firearm (Pen Code sectsect 29800 subd (a)(1) 23515 subd (a)) Shooting at an inhabited or occupied dwelling house building vehicle aircraft housecar or camper (Pen Code sectsect 246 29800 subd (a)(1) 17510 23515 subd (b)) Brandishing a firearm in presence of a peace officer (Pen Code sectsect 417 subd (c) 23515 subd (d) 29800 subd (a)(1)) Two or more convictions of Penal Code section 417 subdivision (a)(2) (Pen Code sect 29800 subd (a)(2)) A ldquomisdemeanor crime of domestic violencerdquo (18 USC sectsect 921(a)(33)(A) 922(g)(9))

Note The Department of Justice provides this document for informational purposes only This list may not be inclusive of all firearms prohibitions For specific legal advice please consult with an attorney licensed to practice law in California

Page 5: Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor

PAGE 1 of 2

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE PROHIBITING CATEGORIES (Rev 072018)

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

State and federal law make it unlawful for certain persons to own andor possess firearms including

bull

bull

bull

bull

bull

bull

bull

Any person who has been convicted of or has an outstanding warrant for a felony under the laws of the United States the State of California or any other state government or country or of an offense enumerated in subdivision (a) (b) or (d) of Section 23515 or who is addicted to the use of any narcotic drug

Any person who has been convicted of an offense enumerated in Penal Code sections 29900 or 29905

Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815 subdivisions (a) and (b)

Any person who has been convicted of or has an outstanding warrant for a misdemeanor listed in Penal Code section 29805 (refer to List of Prohibiting Misdemeanors)

Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b) an offense described in Penal Code section 1203073(b) or any offense enumerated in Penal Code section 29805

Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 5276 or 5278 a protective order as defined in Family Code section 6218 a protective order issued pursuant to Penal Code sections 1362 or 64691 or a protective order issued pursuant to Welfare and Institutions Code section 1565703

Any person who is found by a court to be a danger to himself herself or others because of a mental illness

bull

bull

Any person who is found by a court to be mentally incompetent to stand trial

Any person who is found by a court to be not guilty by reason of insanity

bull

bull

bull

bull

bull

bull

bull

bull

bull

bull

Any person who is adjudicated to be a mentally disordered sex offender

Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism

Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement

Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150 assessed under Welfare and Institutions Code section 5151 and admitted to a mental health facility under Welfare and Institutions Code sections 5151 5152 or certified under Welfare and Institutions Code sections 5250 5260 and 527015

Any person who is addicted to the use of narcotics (state and federal)

Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal)

Any person who has been discharged from the military under dishonorable conditions (federal)

Any person who is an illegal alien (federal)

Any person who has renounced his or her US Citizenship (federal)

Any person who is a fugitive from justice (federal)

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

PROHIBITING CATEGORIES (Rev 072018) PAGE 2 of 2

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction but the duration of each prohibition may vary All statutory references are to the California Penal Code unless otherwise indicated

bull bull

bull bull bull bull bull bull bull bull bull bull

Threatening public officers employees and school officials (Pen Code sect 71) Threatening certain public officers appointees judges staff or their families with the intent and apparent ability to carry out the threat (Pen Code sect 76) Intimidating witnesses or victims (Pen Code sect 1361) Possessing a deadly weapon with the intent to intimidate a witness (Pen Code sect 1365) Threatening witnesses victims or informants (Pen Code sect 140) Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen Code sect 148(d)) A person who reports to a person that a firearm has been lost or stolen knowing the report to be false (Pen Code sect 1485(f)) Unauthorized possession of a weapon in a courtroom Courthouse or court building or at a public meeting (Pen Code sect 171(b)) Bringing into or possessing a loaded firearm within the state capitol legislative offices etc (Pen Code sect 171(c)) Taking into or possessing loaded firearms within the Governors Mansion or residence of other constitutional officers (Pen Code 171(d)) Supplying selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen Code sect 18628) Assault (Pen Code sectsect 240 241)

bull bull bull bull bull

bull

Battery (Pen Code sectsect 242 243) Sexual Battery (Pen Code sect 2434) Assault with a stun gun or taser weapon (Pen Code sect 2445) Assault with a deadly weapon other than a firearm or with force likely to produce great bodily injury (Pen Code sect 245) Assault with a deadly weapon or instrument by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen Code sect 2455 ) Discharging a firearm in a grossly negligent manner (Pen Code sect 2463)

bull bull bull bull bull bull bull bull bull bull bull bull

bull

Shooting at an unoccupied aircraft motor vehicle or uninhabited building or dwelling house (Pen Code sect 247) Inflicting corporal injury on a spouse or significant other (Pen Code sect 2735) Willfully violating a domestic protective order (Pen Code sect 2736) Drawing exhibiting or using deadly weapon other than a firearm (Pen Code sect 417 subd (a)(1) amp (a)(2)) Inflicting serious bodily injury as a result of brandishing (Pen Code sect 4176) Making threats to commit a crime which will result in death or great bodily injury to another person (Pen Code sect 422) Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen Code sect 4226) Bringing into or possessing firearms upon or within public schools and grounds (Pen Code sect 6269) Stalking (Pen Code sect 6469) Armed criminal action (Pen Code sect 25800) Possessing a deadly weapon with intent to commit an assault (Pen Code sect 17500) Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen Code sect 26100 subd (b) or (d)) Criminal possession of a firearm (Pen Code sect 25300)

bull bull bull bull bull bull

bull bull bull

bull bull

Firearms dealer who sells transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen Code sect 27510) Various violations involving sales and transfers of firearms (Pen Code sect 27590 subd (c)) Person or corporation who sells any concealable firearm to any minor (former Pen Code sect 12100 subd (a)) Unauthorized possessiontransportation of a machine gun (Pen Code sect 32625) Possession of ammunition designed to penetrate metal or armor (Pen Code sect 30315) Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen Code sectsect 83095 subd (a) 7510 subd (a) Bringing firearm related contraband into juvenile hall (Welf amp Inst Code sect 8715) Bringing firearm related contraband into a youth authority institution (Welf amp Inst Code sect 10015) Purchase possession or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf amp Inst Code sect 8100) Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf amp Inst Code sect 8101) Purchase possession or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial or not guilty by reason of insanity and individuals placed under conservatorship (Welf amp Inst Code sect 8103)

The following misdemeanor convictions result in a lifetime prohibition

bull bull

bull bull

Assault with a firearm (Pen Code sectsect 29800 subd (a)(1) 23515 subd (a)) Shooting at an inhabited or occupied dwelling house building vehicle aircraft housecar or camper (Pen Code sectsect 246 29800 subd (a)(1) 17510 23515 subd (b)) Brandishing a firearm in presence of a peace officer (Pen Code sectsect 417 subd (c) 23515 subd (d) 29800 subd (a)(1)) Two or more convictions of Penal Code section 417 subdivision (a)(2) (Pen Code sect 29800 subd (a)(2)) A ldquomisdemeanor crime of domestic violencerdquo (18 USC sectsect 921(a)(33)(A) 922(g)(9))

Note The Department of Justice provides this document for informational purposes only This list may not be inclusive of all firearms prohibitions For specific legal advice please consult with an attorney licensed to practice law in California

Page 6: Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor

PROHIBITING CATEGORIES (Rev 072018) PAGE 2 of 2

CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS

FIREARMS PROHIBITING CATEGORIES

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction but the duration of each prohibition may vary All statutory references are to the California Penal Code unless otherwise indicated

bull bull

bull bull bull bull bull bull bull bull bull bull

Threatening public officers employees and school officials (Pen Code sect 71) Threatening certain public officers appointees judges staff or their families with the intent and apparent ability to carry out the threat (Pen Code sect 76) Intimidating witnesses or victims (Pen Code sect 1361) Possessing a deadly weapon with the intent to intimidate a witness (Pen Code sect 1365) Threatening witnesses victims or informants (Pen Code sect 140) Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen Code sect 148(d)) A person who reports to a person that a firearm has been lost or stolen knowing the report to be false (Pen Code sect 1485(f)) Unauthorized possession of a weapon in a courtroom Courthouse or court building or at a public meeting (Pen Code sect 171(b)) Bringing into or possessing a loaded firearm within the state capitol legislative offices etc (Pen Code sect 171(c)) Taking into or possessing loaded firearms within the Governors Mansion or residence of other constitutional officers (Pen Code 171(d)) Supplying selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen Code sect 18628) Assault (Pen Code sectsect 240 241)

bull bull bull bull bull

bull

Battery (Pen Code sectsect 242 243) Sexual Battery (Pen Code sect 2434) Assault with a stun gun or taser weapon (Pen Code sect 2445) Assault with a deadly weapon other than a firearm or with force likely to produce great bodily injury (Pen Code sect 245) Assault with a deadly weapon or instrument by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen Code sect 2455 ) Discharging a firearm in a grossly negligent manner (Pen Code sect 2463)

bull bull bull bull bull bull bull bull bull bull bull bull

bull

Shooting at an unoccupied aircraft motor vehicle or uninhabited building or dwelling house (Pen Code sect 247) Inflicting corporal injury on a spouse or significant other (Pen Code sect 2735) Willfully violating a domestic protective order (Pen Code sect 2736) Drawing exhibiting or using deadly weapon other than a firearm (Pen Code sect 417 subd (a)(1) amp (a)(2)) Inflicting serious bodily injury as a result of brandishing (Pen Code sect 4176) Making threats to commit a crime which will result in death or great bodily injury to another person (Pen Code sect 422) Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen Code sect 4226) Bringing into or possessing firearms upon or within public schools and grounds (Pen Code sect 6269) Stalking (Pen Code sect 6469) Armed criminal action (Pen Code sect 25800) Possessing a deadly weapon with intent to commit an assault (Pen Code sect 17500) Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen Code sect 26100 subd (b) or (d)) Criminal possession of a firearm (Pen Code sect 25300)

bull bull bull bull bull bull

bull bull bull

bull bull

Firearms dealer who sells transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen Code sect 27510) Various violations involving sales and transfers of firearms (Pen Code sect 27590 subd (c)) Person or corporation who sells any concealable firearm to any minor (former Pen Code sect 12100 subd (a)) Unauthorized possessiontransportation of a machine gun (Pen Code sect 32625) Possession of ammunition designed to penetrate metal or armor (Pen Code sect 30315) Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen Code sectsect 83095 subd (a) 7510 subd (a) Bringing firearm related contraband into juvenile hall (Welf amp Inst Code sect 8715) Bringing firearm related contraband into a youth authority institution (Welf amp Inst Code sect 10015) Purchase possession or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf amp Inst Code sect 8100) Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf amp Inst Code sect 8101) Purchase possession or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial or not guilty by reason of insanity and individuals placed under conservatorship (Welf amp Inst Code sect 8103)

The following misdemeanor convictions result in a lifetime prohibition

bull bull

bull bull

Assault with a firearm (Pen Code sectsect 29800 subd (a)(1) 23515 subd (a)) Shooting at an inhabited or occupied dwelling house building vehicle aircraft housecar or camper (Pen Code sectsect 246 29800 subd (a)(1) 17510 23515 subd (b)) Brandishing a firearm in presence of a peace officer (Pen Code sectsect 417 subd (c) 23515 subd (d) 29800 subd (a)(1)) Two or more convictions of Penal Code section 417 subdivision (a)(2) (Pen Code sect 29800 subd (a)(2)) A ldquomisdemeanor crime of domestic violencerdquo (18 USC sectsect 921(a)(33)(A) 922(g)(9))

Note The Department of Justice provides this document for informational purposes only This list may not be inclusive of all firearms prohibitions For specific legal advice please consult with an attorney licensed to practice law in California

Page 7: Sacramento Superior Court Firearms PacketUnauthorized possession/transportation of a machine gun (Pen. Code, § 32625) Possession of ammunition designed to penetrate metal or armor