CALGUNLAWS NEWS

On May 6, 2013, the Second Appellate District of the California Court of Appeals ruled that certain people convicted of violating California Penal Code section 242 (battery) are not prohibited from possessing firearms under the federal law that prohibits those with a conviction for a “misdemeanor crime of domestic violence” (MCDV) from possessing firearms. Shirey v. Los Angeles County Civil Service Commission, (2013) 216 Cal.App.4th 1 [156 Cal.Rptr.3d 517].

The decision clarifies that thousands of Californians previously thought to be prohibited from possessing firearms are not prohibited after all.

The State of California sought review of the Shirey decision by the California Supreme Court. DOJ also sought to have the case depublished so that it would not have a binding effect on lower courts. Thankfully, the California Supreme Court denied both requests. Such a denial often indicates that the lower court’s analysis is correct and should remain binding precedent. The State may appeal this case to the United States Supreme Court, if they do, this case is unlikely to interest the high court.

As a result of this ruling, a person convicted of a misdemeanor 242 (and 243(e))1 should not be considered prohibited for a federal MCDV if the level of force used was minimal or the DOJ cannot determine what level of force was used. Nevertheless, we expect that DOJ will still continue to consider people prohibited from possessing firearms or delay their firearm transaction until the individual can prove otherwise.

People who are uncertain of their eligibility to possess and own firearms in California should request a Personal Firearms Eligibility Check using the form provided by the California Department of Justice website. You should never attempt to purchase a firearm in order to test your eligibility in California. California is being particularly aggressive in seizing firearms from people prohibited from possessing them. Many people

  • Australia a ‘nation of victims’, deadly Sydney siege unlikely in Texas, says pro-gun senator Leyonhjelm December 19, 2014 C.D. MichelThe Liberal Democrat said he wanted a calm, measured discussion about the right to “practical self-defence” in the wake of the deadly Sydney siege. “What happened in that cafe would have been most unlikely to have occurred in Florida, Texas, or Vermont, or Alaska in America, or perhaps even Switzerland as well,” Senator Leyonhjelm told the ...
  • (AZ) Republican wins Arizona House seat after recount December 19, 2014 C.D. MichelPHOENIX (AP) — Republicans will have their largest U.S. House majority in 83 years when the new Congress convenes next month after a recount in Arizona gave the final unresolved midterm race to a Republican challenger. Retired Air Force Col. Martha McSally won a House seat over Democratic incumbent Ron Barber by 167 votes out of ...
  • (WA) International Smart Gun Symposium To Shine Spotlight On Latest Political And Technological Developments December 19, 2014 C.D. MichelSEATTLE, Dec. 17, 2014 /PRNewswire/ – On January 28th, The Washington Technology Industry Association and Washington Ceasefire are joining forces in order to explore the question: “Can new smart gun technology significantly reduce gun violence in America?” The two groups will co-sponsor The Seattle Smart Gun Symposium, an all day event taking place at the Washington ...
  • We Are Finally a Police State, or May the Devil Take the Juristic Heien-most! December 19, 2014 C.D. MichelDoes anyone really question whether we have long ago sunk into the muck of being a police state?  If anyone is so deluded, the newest United States Supreme Court opinion on Fourth Amendment matters should sweep away such a delusions. Heien v. North Carolina came out yesterday, ironically Bill of Rights Day, and it involves ...
  • (CA) Los Angeles gun buyback program nets 778 firearms December 18, 2014 C.D. MichelIn its fifth year of operation, a gun buyback program in Los Angeles took in another 778 firearms on Saturday, officials said Monday. Mayor Eric Garcetti and Police Chief Charlie Beck announced that 369 handguns, 228 rifles, 140 shotguns and 41 assault weapons were turned in for gift cards ranging from $100 to $200. “The gun buyback ...

Comments (1)

  • michael canepa

    |

    Great article and good news, please keep me on your e-mailing list.

    PS Been affiliated with the NRA since 1949 and just renewed my membership !!!

    Reply

Leave a comment