Firearm Prohibition for Misdemeanor Domestic ViolenceOctober 31, 2018
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.
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.