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Legal Information: California

State Gun Laws

Updated: 
January 11, 2024

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

Depending on the crime, the abuser may not be able to legally have a gun.  California state law prohibits the following criminals from having a gun in their possession:

  • Any person who has been convicted of a felony;1
  • Anyone who has been convicted of any offense involving the violent use of a firearm;2
  • Anyone who has been convicted of certain misdemeanors (including violation of a protective order) cannot have a gun within 10 years of the conviction.3

If the abuser was convicted of a misdemeanor other than the one mentioned above, you might be able to get help from a local legal organization to find out if this conviction means s/he cannot own a gun under this statute.  See CA Finding a Lawyer for resources.  You might also be able to find out this information from the police.

1 Cal. Penal Code § 12021(a)(1)
2 Cal. Penal Code § 12021(a)(2)-(b)
3 Cal. Penal Code § 12021(c)(1)

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