What Disqualifies You from Owning a Gun in California?
California has some of the strictest gun laws in the country, and if you’re planning to purchase or own a firearm, it’s essential to know what disqualifies you from doing so. California law is designed to keep firearms out of the wrong hands, and the process of purchasing a gun requires a thorough background check.
Background Checks
All firearm purchases in California must go through a background check, which is conducted through the California Department of Justice (DOJ) Background Check Program. The purpose of the background check is to determine whether the potential buyer is eligible to purchase a firearm.
Felony Convictions
If you have a felony conviction on your record, you are disqualified from owning a gun in California. A single felony conviction, even if it’s years old, can prevent you from owning a firearm for the rest of your life. The only exception is if your felony conviction has been reduced to a misdemeanor or if you have had your felony rights restored through a process called "record relief" (Pen. Code § 1203.4).
Misdemeanor Convictions for Domestic Violence
If you have a misdemeanor conviction for domestic violence, you may be disqualified from owning a gun in California. California law prohibits individuals with domestic violence misdemeanors from possessing firearms for 10 years (Pen. Code § 29825).
Mental Health Issues
If you have a mental health issue, you may be disqualified from owning a gun in California. This includes individuals who are:
- Incapacitated by a psychiatric disorder, such as mental retardation, intellectual disability, or a severe personality disorder (Pen. Code § 8100-8105)
- Currently under a conservatorship, including a conservatorship of the person (Pen. Code § 3250-3254)
- Subject to an involuntary hold under California Welfare and Institutions Code section 5150 (mental health holds)
Domestic Violence Restraining Orders
If you have a domestic violence restraining order against you, you may be disqualified from owning a gun in California. A domestic violence restraining order can prevent you from owning a firearm for the duration of the order (Pen. Code § 273.6).
Juvenile Convictions
If you were convicted of a felony or a misdemeanor while you were a juvenile (under the age of 18), you may still be disqualified from owning a gun in California. Juvenile convictions can be adjudicated as felonies or misdemeanors, and the conviction can remain on your record for the rest of your life (Pen. Code § 1203.04).
Other Disqualifiers
In addition to the above disqualifiers, you may also be prevented from owning a gun in California if you:
- Are addicted to narcotics or have a history of illegal drug use
- Have been involuntarily admitted to a mental institution within the past 5 years
- Have been the subject of a mental hold or involuntary commitment
- Have a subpoena power of attorney, which gives someone else the authority to make decisions for you (Pen. Code § 8100-8105)
Table of Disqualifiers
The following table summarizes the various disqualifiers for owning a gun in California:
Disqualifier | Description |
---|---|
Felony Conviction | Any felony conviction, even if reduced to a misdemeanor or years old |
Misdemeanor Conviction for Domestic Violence | 10-year prohibition on owning firearms after a domestic violence misdemeanor conviction |
Mental Health Issues | Incapacitated by a psychiatric disorder, currently under a conservatorship, or subject to an involuntary hold |
Domestic Violence Restraining Order | Duration of the order |
Juvenile Convictions | Felony or misdemeanor conviction while under 18 years old |
Addictions | Addiction to narcotics or history of illegal drug use |
Mental Holds | Involuntary admission to a mental institution within the past 5 years |
Subpoena Power of Attorney | Granting someone else subpoena power to make decisions for you |
Conclusion
In conclusion, owning a gun in California requires more than just a background check. There are several disqualifiers that can prevent you from owning a firearm, including felony convictions, misdemeanor convictions for domestic violence, mental health issues, domestic violence restraining orders, juvenile convictions, addictions, mental holds, and subpoena power of attorney. It’s essential to know what disqualifies you from owning a gun in California to ensure compliance with state law.