Firearm Prohibition for Misdemeanor Domestic Violence

Firearm Prohibition for Misdemeanor Domestic Violence

Firearm Prohibition

Current law places a ten year firearm prohibition on person convicted of certain violent crimes. Basically, this means a person cannot own, possess, control, purchase, or receive a firearm.

This includes a misdemeanor conviction for domestic violence.

Assembly Bill 3129

Beginning January 1, 2019, a conviction for misdemeanor domestic violence (Penal Code Section 273.5) will result in a lifetime firearm prohibition.

The punishment for violating this law is a maximum fine of $1,000 and/or up to one year in jail or prison. Because prison is a possible sentence, this violation can be charged as a misdemeanor or a felony.

firearm prohibition

Which Crimes Result in Ten Year Firearm Prohibition?

The ten year prohibition applies to many violent misdemeanors, including battery, domestic violence, criminal threats, and brandishing a weapon.

For a list of all misdemeanor convictions that require a firearm prohibition, see Penal Code Section 29805.

How Long Does the Prohibition Last?

A misdemeanor domestic violation conviction under Penal Code Section 273.5 results in a lifetime ban. However, the law does not take affect until January 1, 2019.

All other misdemeanors listed under Penal Code Section 29805 result in a ten year ban.

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