Q: Does CA Penal Code 25610 also cover legal permanent residents?
Is there any case law and would the intent of the law include LPR?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
California Penal Code 25610, which pertains to the transportation or giving of a firearm, does not explicitly mention legal permanent residents (LPRs). The law states that it applies to "a person," without specifying citizenship or immigration status.
However, federal law does address the possession of firearms by legal permanent residents. Under 18 U.S.C. § 922(g)(5), it is unlawful for any person "who, being an alien, is illegally or unlawfully in the United States" to possess firearms or ammunition. By implication, LPRs are allowed to possess firearms, as they are not considered to be "illegally or unlawfully in the United States."
As for case law, there is no specific California case directly addressing the application of Penal Code 25610 to LPRs. However, given that federal law allows LPRs to possess firearms and California law does not explicitly prohibit it, it is likely that the intent of the law would include LPRs.
It is important to note that while LPRs may be allowed to possess firearms under federal and state law, they must still comply with all other applicable firearm laws, such as background checks, waiting periods, and any local regulations.
For a more definitive answer, it would be best to consult with a California-licensed attorney specializing in firearms law.
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.
