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

  • Indominous Roberts June 25, 2015 Tony CanalesGoogle Image No sooner does the Supreme Court give something for gun owners and gun rights activists to have something to cheer about in Horne vs. Department of Agriculture in that takings of personal property (like guns and magazines) enjoy the same protections of compensation as real property, than they finally reveal the latest ...
  • Raisin’ Cain With Gun Control… June 22, 2015 Tony CanalesThe folks at SCOTUSBLOG have coverage on today’s 8-1 ruling in Horne vs Department of Agriculture, where the Supreme Court has ruled that taking by the Federal Government of certain personal property requires certain compensation under the 5th Amendment. While this apparently threatens similar programs at the USDA like for dates and almonds, one ...
  • Ex-Sacramento deputy convicted of dealing illegal guns June 16, 2015 CGL AdminOne sheriff’s deputy shot himself in the leg while pulling out his gun to confront a suspect. Another accidentally fired a bullet in a restroom stall. A third deputy stumbled over a stroller in a closet as he was searching for a suspect, squeezing off a round that went through a wall and lodged in a ...
  • Judge tosses gun-carry lawsuit of former D.C. correctional officers June 15, 2015 CGL AdminJudge tosses gun-carry lawsuit of former D.C. correctional officers – Washington Times. A federal judge has dismissed a lawsuit brought by four former D.C. correctional officers who sought permits to carry guns under the same federal law that grants retired and off-duty police the right to carry anywhere in the country without requiring them to obtain ...
  • D.C. can require gun applicants to provide a ‘good reason’ for now June 15, 2015 CGL AdminA federal appeals court has ordered a stay of a judge’s ruling in a challenge to the District’s gun laws. The U.S. Court of Appeals for the District of Columbia temporarily blocked a decision made last month by U.S. District Judge Frederick J. Scullin Jr. that stopped the District from enforcing a key provision of its ...

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