If you have been to prison, are currently charged with a crime, been to a mental hospital, plead guilty to domestic violence, or are addicted to drugs: STOP. Don’t think about buying or carrying a gun. Contact an attorney. Don't email us. We can't offer legal advice.
“Prohibited persons” are those who are prohibited by state and federal law from possessing firearms.
“Prohibited persons” are those who are prohibited by state and federal law from possessing firearms.
18 USC § 922(g) lists who, under federal law, are prohibited persons. These are those:
Prohibited persons are prescribed under state law by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions.
Generally, if you cannot own firearms, you know that. Some people may be unaware that they may not posses firearms:
18 USC § 922(g) lists who, under federal law, are prohibited persons. These are those:
- who have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- who is a fugitive from justice;
- who is an unlawful user of or addicted to any controlled substance;
- who has been adjudicated as a mental defective or has been committed to any mental institution;
- who is an illegal alien;
- who has been discharged from the Armed Forces under dishonorable conditions;
- who has renounced his or her United States citizenship;
- who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
- who has been convicted of a misdemeanor crime of domestic violence.
Prohibited persons are prescribed under state law by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions.
Generally, if you cannot own firearms, you know that. Some people may be unaware that they may not posses firearms:
I smoke marijuana. Is it legal for me to own a gun?
No. Under federal law, you are an unlawful user of a controlled substance. The 9th Circuit Court of Appeals has upheld this rule. Marijuana in any form, even medicinal, is illegal under federal law, which does not recognize medicinal uses or state laws. Users of marijuana are prohibited persons. Checking 'no' on question 11(e) on the Form 4473 would be a lie if you use marijuana. See this ATF letter on the topic.
No. Under federal law, you are an unlawful user of a controlled substance. The 9th Circuit Court of Appeals has upheld this rule. Marijuana in any form, even medicinal, is illegal under federal law, which does not recognize medicinal uses or state laws. Users of marijuana are prohibited persons. Checking 'no' on question 11(e) on the Form 4473 would be a lie if you use marijuana. See this ATF letter on the topic.
California has different prohibitions than federal law. The DOJ has a full list of prohibitions here. Again, if you feel this applies to you, contact an attorney.
Possession of ammunition or magazines prohibited
30305. (a) (1) No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall own, possess, or have under custody or control, any ammunition or reloaded ammunition.
[penalties omitted]
16150. (a) As used in this part, except in subdivision (a) of Section 30305 and in Section 30306, “ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(b) As used in subdivision (a) of Section 30305 and in Section 30306, “ammunition” includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. “Ammunition” does not include blanks.
Note: more than just ammunition is prohibited: projectiles, magazines, clips, and loading devices are prohibited too. This may also include reloading components like black powder, empty cases, or primers.
Can I check if I’m prohibited/eligible online?
Yes, you will need to create a CFARS (California Firearms Application Reporting System) account by going to this webpage.
Can I check if I’m prohibited/eligible online?
Yes, you will need to create a CFARS (California Firearms Application Reporting System) account by going to this webpage.