San Diego, CA asked in Domestic Violence for California

Q: Is it legal for people convicted of misdemeanor domestic violence to own a black powder replica of a 1898 pistol?

Question applies to exact replicas of black powder pistols produced in 1898 or earlier, and do not use modern cartridge ammunition.

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James L. Arrasmith
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Answered

A: Under both federal and California law, people convicted of misdemeanor domestic violence are prohibited from owning or possessing firearms. This includes black powder firearms that are classified as "firearms" under California law. While federal law may not always consider antique firearms, California's stricter state laws often do.

Even if the firearm in question is a replica of an 1898 black powder pistol, California still imposes restrictions on individuals with a domestic violence conviction. It’s important to note that California's legal definitions may treat these replicas similarly to modern firearms in certain situations.

If you have a conviction, it’s critical to avoid possessing any firearm, including antique or replica guns, without understanding the specific legal implications in your situation. You should take care to stay within the law to avoid further legal consequences.

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