Visalia, CA asked in Criminal Law and Domestic Violence for California

Q: Can a person with a domestic violence charge 20 years ago purchase a gun in California?

No jail time served. Pleaded guilty, had a fine and short probation. All this was around 20 years ago.

2 Lawyer Answers
William M. Weinberg
William M. Weinberg
PREMIUM
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: No. Federal ban is lifetime so it overrides California law.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

sounds like a misdemeanor which is less serious than a felony 273.5 DV.

The Federal Lifetime Gun Ban controls.

_________________________________________________________________________________________________________

however, i would consider hiring a lawyer and putting the matter (assuming no injury and you pled to it without a lawyer) on calendar. If a felony move under 17b to make it a misdemeanor and then 1203 dismissal if a judge will do it.......which is normally not in the cards............a governors pardon might also work.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.