Whether or not a person can legally own a firearm in California can be a complicated issue – especially if the person in question has a criminal history. Some types of crimes come with both California gun possession restrictions as well as federal restrictions on owning a gun. In fact, according to the Lautenberg Amendment, a person who has committed misdemeanor domestic violence is banned from owning a firearm for life.

This ban is crystal clear as it applies to felony convictions. In fact, in the state of California, anyone who’s been convicted of any felony, at any age, no matter where the conviction was, can’t legally own a gun – for life.

Some convictions are less clear than others

When it comes to a misdemeanor conviction, the ban gets confusing. In this case, California law would also apply. It says that a person who’s been convicted of specific misdemeanors that involved using a firearm are barred for life from owning a gun. This includes domestic violence and assault with a firearm, and it also applies to two convictions of brandishing a firearm.

California law also includes a ten-year ban on owning a firearm for a person convicted of 40 different misdemeanors, one of which is misdemeanor battery.

Court rulings aren’t consistent on this issue

In 2013, the California Court of Appeal said that if a person is convicted of misdemeanor battery, they’re not prohibited from owning a firearm – at least under federal law. However, a more recent ruling by the Supreme Court of the U.S. has confused the situation and now attorneys and judges alike are unsure of the specifics of legal gun possession for a person who’s been convicted of misdemeanor battery.

It all comes down to the meaning of physical force

In 2014, a case before the Supreme Court, known as U.S. v. Castleman, held on to the lifetime ban for a person who was convicted of misdemeanor domestic violence in Tennessee. However, the case in question had gotten a different response in a lower court, where the judge said that banning possession of a firearm for misdemeanor assault require proof that there was violent contact with the victim.

When the Supreme Court got the case, they found that the physical force requirement was met in any common-law battery conviction, by nature of the legal definition of battery. They also said that the purpose of the amendment was to group together abusers who were convicted both of domestic violence and more general assault and battery.

What does this mean for your rights to own a firearm?

Are you unsure if you can legally possess a firearm? If you aren’t 100% positive that it’s legal to do so, then Law Office of Michael L. Fell suggests you contact an attorney right away. Otherwise, you could be facing significant consequences, up to and including jail time. Reach out to us at (949) 585-9055 to learn more about your rights as they apply to your specific case.