CA-FSC Prohibited Persons and Restrictions 3 — Questions and Answers
Question 1: Under California Penal Code 29805, which of the following misdemeanor convictions triggers a 10-year firearm prohibition?
- Petty theft under $950
- Criminal threats (PC 422) (Correct answer)
- Public intoxication
- Jaywalking
Correct answer: Criminal threats (PC 422)
Criminal threats under Penal Code 422 is one of the specific misdemeanors listed in PC 29805 that results in a 10-year firearm prohibition.
Question 2: Who may petition a court for a Gun Violence Restraining Order (GVRO) in California?
- Only law enforcement officers
- Only the district attorney's office
- Law enforcement, immediate family members, and certain close associates such as cohabitants (Correct answer)
- Any member of the general public
Correct answer: Law enforcement, immediate family members, and certain close associates such as cohabitants
In California, a GVRO may be requested by law enforcement, immediate family members, cohabitants, and certain others with a close relationship to the subject.
Question 3: A juvenile adjudicated for an offense that would be a felony if committed by an adult is prohibited from possessing firearms:
- Only if re-convicted as an adult for any offense
- From age 18 until age 30 (Correct answer)
- Until age 18, then all rights are automatically restored
- The juvenile record is sealed, so there is no firearms prohibition
Correct answer: From age 18 until age 30
A juvenile adjudicated for a serious felony-equivalent offense is prohibited from possessing firearms from age 18 until age 30 under California law.
Question 4: Maria is a lawful permanent resident (green card holder) who meets all other eligibility requirements. She is:
- Prohibited because only U.S. citizens may own firearms
- Generally permitted to purchase and possess firearms like a citizen (Correct answer)
- Permitted to possess long guns only, not handguns
- Required to wait 5 years after receiving her green card before purchasing
Correct answer: Generally permitted to purchase and possess firearms like a citizen
Lawful permanent residents are generally permitted to purchase and possess firearms in California and the U.S., provided they meet all other eligibility requirements.
Question 5: A person convicted of a felony in ANOTHER state moves to California with their firearms. Under California law:
- They may keep the firearms since the conviction was out-of-state
- They are prohibited because California recognizes out-of-state felony convictions (Correct answer)
- They must register the firearms within 60 days and may keep them
- They are prohibited only if the offense would also be a felony in California
Correct answer: They are prohibited because California recognizes out-of-state felony convictions
California prohibits firearm possession by anyone convicted of a felony in any U.S. jurisdiction, regardless of where the conviction occurred.
Question 6: Under a civil harassment restraining order (NOT a domestic violence order), when is a person prohibited from possessing firearms in California?
- Always, automatically, for the entire duration of the order
- Only if the order specifically includes a firearm prohibition clause (Correct answer)
- Never — civil harassment orders do not affect gun rights
- Only if the order is permanent, not temporary
Correct answer: Only if the order specifically includes a firearm prohibition clause
A civil harassment restraining order restricts firearm possession only when the order itself contains a specific firearm prohibition clause.
Question 7: An undocumented immigrant in California is:
- Prohibited from possessing any firearms under both federal and state law (Correct answer)
- Allowed to possess firearms for self-defense while awaiting legal status
- Allowed to possess long guns but not handguns
- Prohibited only from purchasing new firearms but may possess inherited ones
Correct answer: Prohibited from possessing any firearms under both federal and state law
Under both federal and California law, undocumented immigrants are prohibited from purchasing, owning, or possessing any firearms.
CA-FSC Prohibited Persons and Restrictions 3
Under California Penal Code 29805, which of the following misdemeanor convictions triggers a 10-year firearm prohibition?