Federal Gun Laws
In the United States Constitution, the Second Amendment establishes that citizens have the right to keep and bear arms. However, today there is divided opinion about whether people should have this right, as many murders have occurred and death rates are very high throughout the United States. In the state of California, it is established that when a person commits a serious crime and is sentenced to prison, they are not legally allowed to possess a firearm due to their criminal record. There are cases where a person’s sentence is reduced and they are released early, but even in such cases, the individual is still prohibited from owning a firearm.
There are differences between federal and state gun laws, which are described below:
- Who enacts the law
- Who prosecutes someone who violates the law
- What the penalty is for failing to comply with the law
It is important to understand this because if a police officer observes a violation of state law, they may arrest the person and turn them over to the state prosecutor. If the officer observes a violation of federal law, the detained person will be turned over to the federal prosecutor.
A person with a history of abuse or criminal activity involving a firearm is dangerous. Federal law establishes that it is illegal for an abuser to purchase, possess, or have control of a firearm. More specifically, the following conditions prohibit a person from owning a firearm:
- Having a protection order issued against them that meets certain requirements
- Being convicted of a misdemeanor involving domestic violence
- Being a fugitive from justice, fleeing from county to county to avoid prosecution or testifying in a criminal case
- Being undocumented
- Being addicted to drugs
- Being declared legally incompetent by a judge, or being involuntarily committed to a mental health institution
- Being legally incapable of being held responsible for an act due to insanity or declared incompetent to stand trial
- Being illegally present in the United States
- Being dishonorably discharged from the military
- Renouncing U.S. citizenship
Persons in these situations are not eligible to carry or possess a firearm, though there are special cases where certain abusers may be allowed to carry a weapon. For example, law enforcement officers or military personnel are permitted to carry and use firearms as part of their job, even if they have been convicted of a serious crime or have an arrest warrant.
Throughout California, it is legal to carry firearms, but there are important restrictions. People with a permit to carry a weapon may do so at all times, provided it is for personal care and protection.
If you are being accused of illegally carrying a firearm, you can contact us. We have extensive experience handling these cases and are here to help. We are Progresso Legal Group, with over 30 years of experience. Contact us for a free initial consultation.