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

  • Gun right denied: A cautionary tale about licensing – See more at: March 3, 2015 Catalina KellyA Nashua firearms case reveals yet again how local governments can, even unintentionally, violate citizens’ civil rights. It provides good reason to support a legal change being contemplated in Concord. In 1998, Greg DuPont had been convicted in Massachusetts of operating a motor vehicle under the influence of liquor. Though a misdemeanor, the maximum sentence was ...
  • Everytown Statement on Missouri Court’s “Strict Scrutiny” Decision That Allows Convicted Felons to Possess Guns March 3, 2015 Catalina KellyNEW YORK, Feb. 27, 2015 /PRNewswire-USNewswire/ — In response to Missouri Circuit Court Judge Robert H. Dierker’s ruling today that will allow convicted felons to possess firearms as a result of his application of Amendment 5, Missouri’s “strict scrutiny” amendment, Everytown for Gun Safety released the following statement and background on the court’s decision. STATEMENT FROM ...
  • Obama administration seeks to ban AR-15 ammunition March 3, 2015 Catalina KellyGun-rights organizations are shooting holes in an Obama administration plan to ban a popular style of ammunition used in AR-15s. The Bureau of Alcohol, Tobacco, Firearms and Explosives announced earlier this month it intended to outlaw .223-caliber steel-core ball ammunition because of concerns the rounds could pierce bullet-proof vests worn by law-enforcement officers. Called green tips, the ammo ...
  • Wayne LaPierre: “Universal Background Checks” Mean Gun Registration, Gun Bans and Confiscation March 2, 2015 Catalina KellyOnly in the Orwellian world of double-speak employed by President Barack Obama and billionaire elitist Michael Bloomberg would nonsense be hailed as “common sense.” Take gun registration masquerading as “universal background checks”—their latest mantra that mandates the recording of data on lawful gun transfers. This scheme focuses only on peaceable citizens, not violent criminals who are ...
  • NRA chief presses Congress on concealed-carry bill March 2, 2015 Catalina KellyThe head of the nation’s biggest gun rights group urged Congress Friday to pass legislation to allow gun owners to carry concealed weapons across state lines. During the second day of the Conservative Political Action Conference, Executive Vice President and CEO of the National Rifle Association Wayne LaPierre said it’s time for Congress to act and ...

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 !!!


Leave a comment