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

  • (GA) Doctors Ask Full Eleventh Circuit To Review Florida Law on Talk About Guns August 20, 2014 CGL AdminDoctors have asked the entire U.S. Court of Appeals for the Eleventh Circuit to consider their challenge to a Florida law that limits physicians’ ability to talk to their patients about firearms. <!–facebook-members–>
  • (CO) Federal judge rules Aurora theater shooting was foreseeable August 20, 2014 CGL AdminThe owner of the Aurora movie theater that was the site of a deadly 2012 attack could have reasonably enough foreseen the danger of such an attack to be held liable for it, a federal judge ruled Friday. Noting “the grim history of mass shootings and mass killings that have occurred in more recent times,” U.S. ...
  • (CA) Thousands Of Confiscated Weapons Destroyed In Los Angeles County August 20, 2014 CGL AdminMore than 4,661 weapons confiscated from criminals in Los Angeles County were collected by the “Gifts for Guns” exchange program and destroyed on Wednesday. Annually, Gerdau Steel Mill, located in Rancho Cucamonga, donates its furnace, equipment and personnel to convert these weapons into steel rebar. The Los Angeles County Department of Public Works also donates the trucks ...
  • (CA) California 2014 Legislative Session Expected to Adjourn in Two Weeks August 20, 2014 CGL AdminPlease contact your state legislators TODAY urging them to OPPOSE all anti-gun legislation The 2014 California legislative session is scheduled to adjourn on Sunday, August 31, but it is expected that they will probably try to finish up next Friday, August 29. Accordingly, it is CRITICAL that you call AND e-mail your state Senator and ...
  • (CT) Connecticut response to gun law challenge reveals plan to gut Second Amendment August 20, 2014 CGL AdminGovernor Dannel P. Malloy and co-defendants/appellees in the Shew v Malloy challenge to recently-enacted Connecticut gun laws filed their brief Thursday in the United States Court of Appeals for the Second Circuit. “At 178 pages long, it’s anything but brief,” Chris Lemos of theConnecticut Citizens Defense League, a lead plaintiff in the case, observed. “hat I’ve read so far would ...

Leave a comment