Even though the Second Amendment affords citizens the right to bear arms, California state law places limitations on who can purchase and possess a firearm and ammunition. As a “wobbler” offense, the California firearm crime of PC 25850 can be prosecuted as either a felony charge or a misdemeanor offense. Those found in possession of a loaded gun may face enhanced punishments for crimes involving firearms. Los Angeles felony weapon charges if they fall into one or more of the following categories:
- Any person with prior felony convictions
- Any person addicted to narcotic drugs
- Any person ordered not to possess firearms as a condition of probation or other court order
- Any person with prior convictions or a record for certain misdemeanor offenses listed in California Penal Code (PC) 29805
- Any person designated as a ward of the juvenile court due to a criminal offense listed in Welfare and Institutions (W&I) Code section 707(b), a criminal act described in PC section 1203.073(b), or any crime listed in Penal Code section 29805
- Any person served with a temporary restraining order (TRO) or an injunction pursuant to California Civil Procedure (CP) Code sections 527.6 or 527.8, a protective order as defined in the California Family Code section 6218, a protective order issued pursuant to PC sections 136.2 or 646.91, or a protective order issued pursuant to California W&I Code section 15657.03
- Any person who is deemed by a court to be a danger to himself or others due to mental illness
- Any person who is deemed by a court to be mentally incompetent to stand trial
- Any person who is deemed by a court to be not guilty by reason of insanity
- Anyone who is adjudged to be a mentally disordered sex offender
- Anyone who is placed on a conservatorship as a result of a grave disability due to a mental illness or an impairment by chronic alcoholism
- Anyone who makes a threat to a psychotherapist against a reasonably identifiable person that has been reported by the psychotherapist to the police
- Anyone who is taken into custody under California W&I Code section 5150, assessed under California W&I Code section 5151 and admitted to a mental health hospital under W&I Code sections 5151, 5152, or certified under W&I Code sections 5250, 5260, and 5270.15
- Anyone under indictment or information in any court for a crime punishable by incarceration for a term over one year (federal)
- Anyone dishonorably discharged from the military
- Any person who is an illegal alien
- Anyone who has relinquished his US Citizenship
- Anyone who is a fugitive from justice