Prohibiting Categories

• Persons convicted of a felony, or any offense enumerated in section 12021.1 of the Penal Code (PC).
• Persons addicted to the use of narcotics.
• Persons denied firearm possession as a condition of probation pursuant to PC section 12021(d).
• Persons convicted of a specified misdemeanor pursuant to PC section 12021(c)(1) are prohibited from purchasing or possessing firearms for 10 years (see Attachment 2).
• Juveniles adjudged wards of the juvenile court because they committed a 707(b) Welfare and Institutions Code (WIC) offense, an offense described in PC section 1203.073(b) or any offense enumerated in PC section 12021 (c)(!) are prohibited until they reach age 30.
• Persons who are subject to a protective order as defined in section 6218 of the Family Code, or a temporary restraining order or injunction issued pursuant to sections 527.6 or 527.8 of the Code of Civil Procedure.
• Persons found by a court to be a danger to others because of mental illness.
• Persons found by a court to be mentally incompetent to stand trial.
• Persons found by a court to be not guilty by reason of insanity
• Persons adjudicated to be a mentally disordered sex offender.
• Persons placed on a conservatorship because they are gravely disabled as a result of a mental disorder or impairment by chronic alcoholism
• Persons who communicate a threat to a licensed psychotherapist, against a reasonably identifiable victim, and the psychotherapist reports to law enforcement pursuant to WIC section 8100(b), are prohibited from purchasing or possessing a firearm for 6 months.
• Persons in a mental health facility certified pursuant to WIC sections 5250, 5260, and 5270.15 are prohibited from possessing or purchasing or attempting to purchase firearms for 5 years.
• Persons who are voluntary patients in a mental facility who are determined to be a danger to self or others are prohibited from purchasing or possessing a firearm between admission and discharge.
• Persons under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year.
• Pursuant to Penal Code (PC) section 12021(c)(1), any person who has been convicted of a misdemeanor violation for any of the following offenses is prohibited from owning, possessing, or having under his or her custody or control any firearms within 10 years of the conviction:
• Threatening public officers, employees and school officials (PC section 71).
• Threatening certain public officials, appointees, judges, staff or their families with the intent and apparent ability to carry out the threat (PC section 76).
• Possessing a deadly weapon with the intent to intimidate a witness (PC section 136.5).
• Threatening witnesses, victims, or informants (PC section 140).
• Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (PC section 148(d)).
• Unauthorized possession of a weapon in a courtroom, courthouse or court building, or at a public meeting (PC section 171(b)).
• Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (PC section 171c).
• Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers, etc. (PC section 171(d)).
• Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (PC section 186.28).
• Assault (PC sections 240, 241)
• Battery (PC sections 242, 243).
• Assault with a stun gun or Taber weapon (PC section 244.5)
• Assault with deadly weapon or force likely to produce great bodily injury (PC section 245).
• Assault with a deadly weapon or instrument, by any means likely to produce great bodily injury or with a stun gun or Taber on a school employee engaged in performance of duties (PC section 245.5).
• Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, horsecart or camper (PC section 246).
• Discharging a firearm in a grossly negligent manner (PC section 246.3)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (PC section 247)
• Inflicting corporal injury on a spouse or significant other (PC section 273.5)
• Willfully violating a domestic protective order (PC section 273.6).
• Drawing, exhibiting, or using any deadly weapon other than a firearm (PC sections 417(a)(1), 417(a)(2)).
• Brandishing a firearm in presence of a peace officer (PC section 417.1 - repealed by stats. 1998).
• Drawing or exhibiting, selling, manufacturing, or distributing firearm replicas or imitations (PC section 417.2).
• Inflicting serious bodily injury as a result of brandishing (PC section 417.6).
• Bringing into or possessing firearms upon or within public schools and grounds (PC section 626.9).
• Stalking (PC section 646.9).
• Armed criminal action (PC section 12023).
• Possessing a deadly weapon with intent to commit an assault (PC section 12024).
• Driver or any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who will fully and maliciously discharges a firearm from a motor vehicle (PC sections 12034(b), 12034(d)).
• Criminal possession of a firearm (PC section 12040).
• Firearms dealer who sells or transfers or gives possession of any firearm to a minor or a handgun to a person under the age of 21 (PC section 12072(b)).
• Various violations involving sales and transfers of firearms (PC section 12072(g)(3)).
• Person or corporation who sells any concealable firearm to any minor (PC section 12100(a) - repealed by stats. 1994).
• Unauthorized possession/transportation of a machine gun (PC section 12220).
• Possession of ammunition designed to penetrate metal or armor (PC section 12320).
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform, while picketing (PC section 12590).
• Bringing firearm related contraband into juvenile hall (WIC section 871.5).
• Bringing firearm related contraband into a youth authority institution (WIC section 1001.5).
• Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (WIC section 8100).
• Providing a firearm or deadly weapon to a person described in WIC sections 8100 or 8103 (WIC section 8101).
• Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under a conservatorship (WIC section 8103).
• Pursuant to Section 922, any person listed below is prohibited from possessing, shipping, transporting, or receiving any firearm, who:
• Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
• Is a fugitive from justice.
• Is an unlawful user of or addicted to any controlled substance.
• Has been adjudicated as a mental defective or committed to a mental institution.
• Is an alien illegally or unlawfully in the United States.
• Has been discharged from the Armed Forces under dishonorable conditions.
• Having been a citizen of the United States, has renounced U.S citizenship.
• Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
• Has been convicted in any court of a misdemeanor crime of domestic violence.
• Is under indictment for a crime punishable by imprisonment for a term exceeding one year.
• Has an out-of-state prohibitive criminal history.
• Has a prior denial on a previous National Instant Criminal Background Check System (NICS) inquiry.

As of January, 1999