Firearms - Revision history

Sysop at 02:09, 25 May 2025

2025-05-25T02:09:29Z

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			==Post-Bruen decisions==

			In re D.L. (2023) 93 Cal.App.4th 144

			People v. Bocanegra (2023) 90 Cal.App.5th 1236


	==Definitions==		==Definitions==

Sysop: /* Transporting and storing firearms */

2024-12-31T19:24:51Z

Transporting and storing firearms

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	(f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016.		(f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016.

			==Byrna==

			A Byrna files pepper balls or hard "kinetic" projectiles by use of CO2. The pepper balls are either OC only or use a combination of of OC and CS. CS is a tear gas.

			Under PC22810(e): "No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray."

			Under PC17240(a): "“tear gas” applies to and includes any liquid, gaseous or solid substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air."

			Under People v. Autterson (1968) 261 Cal.App.2d 627, oleoresin capsicum is legally tear gas.

	==Statutes==		==Statutes==

Sysop: /* Loaded */

2024-05-27T23:13:56Z

Loaded

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	"a firearm is “loaded” when a shell or cartridge has been placed into a position from which it can be fired" (People v. Clark (1996) 45 Cal.App.4th 1147, 1153.)		"a firearm is “loaded” when a shell or cartridge has been placed into a position from which it can be fired" (People v. Clark (1996) 45 Cal.App.4th 1147, 1153.)

	"Loaded" while committing a felony means both the firearm and the ammunition are in the immediate possession of the person.		"Loaded" while committing a felony means both the firearm and the ammunition are in the immediate possession of the person. (Pen. Code 16840, subd. (a).)

	"A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm." (Pen. Code 16740, subd. (b)(1).)		"A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm." (Pen. Code 16740, subd. (b)(1).)


	"Loaded" in general means ammunition attached to the firearm under PC16840(b), former PC12031. ''People v. Clark'' (1996) 45 Cal.App.4th 1147, construed former PC12031's definition of loaded to mean the ammunition is in a place from which it can be fired. At issue in ''Clark'' were shotgun shells in a buttstock holder. The shotgun shells would have to be moved by hand from the buttstock holder into the shotgun's magazine in ordered to be fired.		"Loaded" in general means ammunition attached to the firearm under PC16840(b), former PC12031. ''People v. Clark'' (1996) 45 Cal.App.4th 1147, construed former PC12031's definition of loaded to mean the ammunition is in a place from which it can be fired. At issue in ''Clark'' were shotgun shells in a buttstock holder. The shotgun shells would have to be moved by hand from the buttstock holder into the shotgun's magazine in ordered to be fired.

Sysop: /* Loaded */

2024-05-27T23:13:21Z

Loaded

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	"Loaded" while committing a felony means both the firearm and the ammunition are in the immediate possession of the person.		"Loaded" while committing a felony means both the firearm and the ammunition are in the immediate possession of the person.

			"A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm." (Pen. Code 16740, subd. (b)(1).)


	"Loaded" in general means ammunition attached to the firearm under PC16840(b), former PC12031. ''People v. Clark'' (1996) 45 Cal.App.4th 1147, construed former PC12031's definition of loaded to mean the ammunition is in a place from which it can be fired. At issue in ''Clark'' were shotgun shells in a buttstock holder. The shotgun shells would have to be moved by hand from the buttstock holder into the shotgun's magazine in ordered to be fired.		"Loaded" in general means ammunition attached to the firearm under PC16840(b), former PC12031. ''People v. Clark'' (1996) 45 Cal.App.4th 1147, construed former PC12031's definition of loaded to mean the ammunition is in a place from which it can be fired. At issue in ''Clark'' were shotgun shells in a buttstock holder. The shotgun shells would have to be moved by hand from the buttstock holder into the shotgun's magazine in ordered to be fired.

Sysop: /* Loaded */

2024-05-27T23:11:30Z

Loaded

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	==Definitions==		==Definitions==
	===Loaded===		===Loaded===

			"a firearm is “loaded” when a shell or cartridge has been placed into a position from which it can be fired" (People v. Clark (1996) 45 Cal.App.4th 1147, 1153.)

	"Loaded" while committing a felony means both the firearm and the ammunition are in the immediate possession of the person.		"Loaded" while committing a felony means both the firearm and the ammunition are in the immediate possession of the person.
	"Loaded" in general means ammunition attached to the firearm under PC16840(b), former PC12031. ''People v. Clark'' (1996) 45 Cal.App.4th 1147, construed former PC12031's definition of loaded to mean the ammunition is in a place from which it can be fired. At issue in ''Clark'' were shotgun shells in a buttstock holder. The shotgun shells would have to be moved by hand from the buttstock holder into the shotgun's magazine in ordered to be fired.		"Loaded" in general means ammunition attached to the firearm under PC16840(b), former PC12031. ''People v. Clark'' (1996) 45 Cal.App.4th 1147, construed former PC12031's definition of loaded to mean the ammunition is in a place from which it can be fired. At issue in ''Clark'' were shotgun shells in a buttstock holder. The shotgun shells would have to be moved by hand from the buttstock holder into the shotgun's magazine in ordered to be fired.


	===Concealed===		===Concealed===

Sysop: /* Single conviction vs multiple convictions vs multiple punishments */

2024-05-05T17:10:57Z

Single conviction vs multiple convictions vs multiple punishments

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	(a) For purposes of Sections 25400 and 26500, Sections 27500 to 27590, inclusive, Section 28100, Sections 29610 to 29750, inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of this code, and any provision listed in subdivision (a) of Section 16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term “any firearm” may be used in those sections, each firearm or the frame or receiver of each firearm constitutes a distinct and separate offense under those sections.		(a) For purposes of Sections 25400 and 26500, Sections 27500 to 27590, inclusive, Section 28100, Sections 29610 to 29750, inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of this code, and any provision listed in subdivision (a) of Section 16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term “any firearm” may be used in those sections, each firearm or the frame or receiver of each firearm constitutes a distinct and separate offense under those sections.

	Cannot punish both for having the large-capacity magazine in the firearm and the firearm. (''People v. Broadbent (2020) 47 Cal.App.5th 917, 922.)		Cannot punish both for having the large-capacity magazine in the firearm and the firearm. (''People v. Broadbent'' (2020) 47 Cal.App.5th 917, 922; ''People v. Lopez'' (2004) 119 Cal.App.4th 132)

	==Loss of rights==		==Loss of rights==

Sysop: /* Single conviction vs multiple convictions vs multiple punishments */

2024-05-05T17:10:22Z

Single conviction vs multiple convictions vs multiple punishments

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	PC23510(a):		PC23510(a):
	(a) For purposes of Sections 25400 and 26500, Sections 27500 to 27590, inclusive, Section 28100, Sections 29610 to 29750, inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of this code, and any provision listed in subdivision (a) of Section 16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term “any firearm” may be used in those sections, each firearm or the frame or receiver of each firearm constitutes a distinct and separate offense under those sections.		(a) For purposes of Sections 25400 and 26500, Sections 27500 to 27590, inclusive, Section 28100, Sections 29610 to 29750, inclusive, Sections 29800 to 29905, inclusive, and Section 31615 of this code, and any provision listed in subdivision (a) of Section 16585 of this code, and Sections 8100, 8101, and 8103 of the Welfare and Institutions Code, notwithstanding the fact that the term “any firearm” may be used in those sections, each firearm or the frame or receiver of each firearm constitutes a distinct and separate offense under those sections.

			Cannot punish both for having the large-capacity magazine in the firearm and the firearm. (''People v. Broadbent (2020) 47 Cal.App.5th 917, 922.)

	==Loss of rights==		==Loss of rights==

Sysop: /* Loss of rights */

2024-05-01T17:34:45Z

Loss of rights

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	==Loss of rights==		==Loss of rights==

			===Date of conviction===

			Under ''People v. Johnson'' (1989) 210 Cal.App.3d 316, for purposes of nickel prior, defendant was convicted at time of plea, not at sentence. "[O]ur courts have ruled that the term “conviction” for purposes of sentencing refers solely to the ascertainment of guilt, i.e., the verdict, and does not include the judgment."
			Accord People v. Rhoads (1990) 221 Cal.App.3d 56.

	===Felony Convictions===		===Felony Convictions===
	====Federal law====		====Federal law====

Sysop: /* Reduction to misdemeanor under Penal Code section 17, subdivision (b) */

2024-05-01T17:13:43Z

Reduction to misdemeanor under Penal Code section 17, subdivision (b)

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	====Reduction to misdemeanor under Penal Code section 17, subdivision (b)====		====Reduction to misdemeanor under Penal Code section 17, subdivision (b)====
	If a person is prohibited from possessing firearms because of a felony conviction, then their rights may be restored if that felony is reduced to a misdemeanor. A felony reduced to a misdemeanor under PC17(b)(3) is a misdemeanor for all purposes. (''Gebremicael v. California Com. on Teacher Credentialing'' (2004) 117 Cal.App.4th 1477, 1485.) A felony which has been reduced to a misdemeanor under PC17(b) cannot be a predicate felony for felon in possession under PC29800, former PC12021. (''People v. Culbert'' (2013) 218 Cal.App.4th 184; ''People v. Gilbreth'' (2007) 156 Cal.App.4th 53, 57.) Likewise, a felony from a foreign jurisdiction, such as Oregon, that has been reduced under that state's law to a misdemeanor are considered misdemeanors for gun prohibition purposes. (''People v. Lewis'' (2008) 164 Cal.App.4th 533.) However, if it's still a felony, even if that state provides a restoration of firearm rights, that foreign felony conviction still prevents possession of firearms in California. (''People v. Shear'' (1999) 71 Cal.App.4th 278.)		If a person is prohibited from possessing firearms because of a felony conviction, then their rights may be restored if that felony is reduced to a misdemeanor. A felony reduced to a misdemeanor under PC17(b)(3) is a misdemeanor for all purposes. (''Gebremicael v. California Com. on Teacher Credentialing'' (2004) 117 Cal.App.4th 1477, 1485.) A felony which has been reduced to a misdemeanor under PC17(b) cannot be a predicate felony for felon in possession under PC29800, former PC12021. (''People v. Culbert'' (2013) 218 Cal.App.4th 184; ''People v. Gilbreth'' (2007) 156 Cal.App.4th 53, 57.) Likewise, a felony from a foreign jurisdiction, such as Oregon, that has been reduced under that state's law to a misdemeanor are considered misdemeanors for gun prohibition purposes. (''People v. Lewis'' (2008) 164 Cal.App.4th 533.) However, if it's still a felony, even if that state provides a restoration of firearm rights, that foreign felony conviction still prevents possession of firearms in California. (''People v. Shear'' (1999) 71 Cal.App.4th 278.)

			Former section 12021 was violated when a person who had been convicted of a felony owned, possessed, or had custody or control over a firearm. Any person who was prohibited by section 12021 from owning or possessing a firearm was also prohibited from owning or possessing ammunition. (Former § 12316.) At the time he was prosecuted for having violated these statutes, however, appellant had not been convicted of a felony because his prior conviction was declared a misdemeanor. (People v. Park, supra, 56 Cal.4th at p. 798, 156 Cal.Rptr.3d 307, 299 P.3d 1263.) Appellant was not a “person who has been convicted of a felony” within the meaning of sections 29800 (former § 12021) and 30305 (former § 12316). He could not, as a matter of law, have violated those statutes by possessing firearms and ammunition. Appellant's convictions of the firearms and ammunition possession offenses must be reversed. (People v. Culbert (2013) 218 Cal.App.4th 184, 194.)

	====Reduction to misdemeanor under Prop 47, Penal Code section 1170.18====		====Reduction to misdemeanor under Prop 47, Penal Code section 1170.18====

Sysop: /* Firearms-related crimes */

2024-01-16T20:02:22Z

Firearms-related crimes

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	''People v. Wade'' (2016) 63 Cal.4th 137		''People v. Wade'' (2016) 63 Cal.4th 137

			==Destructive devices==

			PC18710 is punishable under PC1170(h), not state prison, due to equal protection. (People v. Fisher (2021) 71 Cal.App.5th 745.)

			PC18710 and the related offenses are not eligible for probation. (Pen. Code, 18780.)

	==Search and seizure==		==Search and seizure==