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

  • (MA) Judge: Out-of-state Pot Rap Can’t Stop Gun Ownership April 22, 2014CGL AdminA federal judge yesterday ruled that two Bay State men — previously convicted of marijuana possession in other states — could not be denied the right to have guns in their homes for self-defense purposes based on their prior drug crimes. Bob McGovern | Boston Herald | Article Source U.S. District Court Judge Richard Stearns ruled that Michael Wesson ...
  • (US) A Gun Graphic that Will Depress Your Leftist Friends April 22, 2014CGL Admin It’s easy to get discouraged if you believe in small government and individual liberty. It seems that the burden of the public sector is always expanding and that politicians and bureaucrats are always figuring out new ways to restrict our freedoms. Daniel J. Mitchell | Townhall Finance| Article Source But let’s not lose hope. We still have a lot of economic liberty, ...
  • (IN) The NRA Still True To Its Calling April 22, 2014CGL AdminCertain things remain constant in America, despite the best efforts of, say, Hollywood, the mainstream news media, liberal culture and progressive politics. Old Glory and Old Faithful come to mind, along with the National Rifle Association — which will show just how constant it is in about 48 hours, when the organization’s annual membership meeting begins in ...
  • (NJ) Supreme Court Pushes Consideration of N.J. Gun Case to April 25 April 22, 2014CGL AdminThe U.S. Supreme Court has pushed its consideration of a case challenging New Jersey’s mandate that citizens show a “justifiable need” to carry a gun in public for protection to April 25. By David Sherfinski | The Washington Times | Article Source The case — which involves John Drake, who runs a Sussex County business that owns and services ATMs, as well ...
  • (DC) Update: Facebook ‘Everytown’ Pro-Gun Page Taken Down April 21, 2014CGL AdminUPDATE: Less than 72 hours after gun rights activists outmaneuvered Michael Bloomberg’s launch of a $50 million “Everytown for Gun Safety” effort by grabbing Facebook presence with that title, the page was taken down sometime late Friday or early Saturday and now people will find what appears to be a Bloomberg site, but with angry comments posted by pro-gunners. Dave Workman ...

Leave a comment