Please submit suggestions via this form. This right is often practiced for self-defense. Whats the Difference Between a Misdemeanor vs. a Felony? However, subtle laws govern what would happen if the police were to come into a house and find a convicted felon . (Mentioned above: Restrictions to the Right to Bear Arms). The people who are ineligible to own a firearm are: 1Someone convicted of a felony crime. You also have the option to opt-out of these cookies. A conviction for a second-degree felony in Pennsylvania carries a maximum penalty of 10 years in prison and a fine of up to $25,000. Silencers are illegal in the state of Colorado unless you one in accordance with NFA tax stamp rules. Even John Kellner, the Republican district attorney running to unseat Democratic Attorney General Phil Weiser in the fall, has repeatedly called for the kinds of changes proposed in HB22-1257 and then some. Under Colorado Revised Statutes 18-12-108 C.R.S., convicted felons in Colorado are prohibited from knowingly possessing firearms or weapons. The felons may then obtain firearms without . Avoid Federal Law with Rights Restoration: To possess a firearm legally, have the person convicted of a felony get their legal rights restored. Some suggestions for how to live with a convicted felon while having possession of a firearm for yourself include: Get a Biometric Safe: A biometric gun safe is one of the best ways to keep your gun safe. 6. Who may legally obtain a Colorado permit to carry a concealed weapon? Getting refused several job opportunities. In addition, when applying for a FOID card, a person . These include: There are some states where you do not need a permit to own a gun. Attorneys Crimes A-Z Crimes by Code Section DUI In-Depth Other States Contact Call or Message Us 24/7 303-222-0330 Required Field Colorado DUI Getting arrested for DUI does not mean you will be convicted. Yes, technically, anyone who lives with a felon is still able to own a gun. And anyone convicted of a violent misdemeanor within the last five years may not purchase a gun at all. Colorado Legal Defense Group was a great resource for legal help. But this depends on the state law of the state you reside in. Having a firearm in the house is often very assuring if something happens to you one day. Since you know he is a felon and you still kept a firearm in the house. This answer pertains to federal law.). Can a felon own a gun in Colorado after 10 years? Either you physically carry it on your body. Commit felony tax fraud 10 years ago? It also exempts several kinds of felonious white-collar . What are the consequences of unlawful gun possession? Large capacity ammunition magazines (capable of holding more than 15 rounds), if purchased after July 1, 2013. A felony is any offense punishable by death or imprisonment for more than one year. But people must be licensed with the federal government in order to make a gun for the purpose of selling it.9, In light of recent gun violence and mass shootings, the Biden Administration has signaled through executive actions that it will be cracking down on ghost guns. With no access to the firearm, your husband is not guilty. Suppose you are dead set on having a gun in the house with a convicted felon. Vote Now 9 Someone convicted of a misdemeanor crime of domestic violence. There is just too much evidence that, as a whole, criminals should not be allowed to own a firearm. specifically ordered that the person is prohibited from possessing a firearm or ammunition. There are some instances in which a convicted felon may be found guilty of " constructive possession " of a firearm. The possession of any firearm by these ineligible people is a criminal offense. They can arrest your husband based on constructive possession. Do you have to register guns in Colorado? Stat. This means that felons are not restricted from owning one under the 1968 Gun Control Act. So, if you are home, no gun in the house. 850a, 876b. (CRS 18-12-108, 19-1-306). However, in 1994, the state passed a new law and since then it has been illegal for anyone ever convicted of a felony to ever own a weapon. By law, a convicted felon cannot be in possession of a . In some instances, this affects the family member of a felon too. It makes no sense to buy a gun for self-defense or hunting only to find out later that it is illegal for you to own one. However, once you receive a CBI Transaction number for an approval or denial, the fee will be reported and billed to you for payment on a monthly basis. What weapons can a felon have in Colorado? Can a felon own a gun in Colorado after 10 years? For us, its more a question of what penalties should the state utilize?. And, the ability to control it. Legal - Lawyers. We and our partners use cookies to Store and/or access information on a device. This means that a convicted felon violates the law if they know that their spouse or roommate owns a firearm and can access it. This law is abbreviated POWPO in Colorado for possession of a weapon by a previous offender. The safest way to own a gun and still live with a convicted felon is to not keep the firearm at the residence. State laws vary greatly. 4. Prohibit anyone under 21 from buying a gun; Implement a 10-day waiting period for buying guns; Forbid carrying guns in government buildings, parks, and within 500 feet of polling stations, healthcare facilities, places of worship, day cares and preschools, and other sensitive public areas in unincorporated Boulder. However, if your name still appears on the state database as an incarcerated person, a voting official can ask for proof that you have completed parole (i.e., your parole discharge documentation). However, many states have passed laws that permit certain convicted felons to possess firearms, vote, and travel freely after they have completed their sentence and been released from prison or jail. Yes, with possession of their pawn ticket. The gun dealer needs to give you an appeal form. he knows it is there, he has the ability to possess it if he wanted to and he knows he's prohibited from doing so. Also note that you must be at least 18 years old to buy a rifle or shotgun and at least 21 years old to buy a handgun in Colorado. The legal authorities can argue otherwise. Federal law and Nevada law provide that a convicted felon is not permitted to possess any type of firearm. As long as you do not have any disqualifying reasons, you can own a firearm. The person has a prior violent felony conviction; The person's current possession of a firearm involves the commission of another crime; or. 2 Maine: You must inform if you are carrying a gun without a permit. powder and antique long guns and that permit convicted felons to possess black powder long guns and handguns only at their places of residence. 13-71-105. This bill was passed by the legislature, butit was the product of many hours of discussion by a diverse panel that included both Democratic and Republican elected officials, prosecutors, defense attorneys and leaders from various other corners of the legal system. Your email address will not be published. It was hundreds of pages long and, in the months since its signing, members of the advisory panel and elected state lawmakers have had second thoughts about a few provisions. What states reinstate gun rights? Continue with Recommended Cookies, Posted 8/15/2014 by Mark Miclette No, federal law prohibits a convicted felon from owning or possessing a firearm. 7031 Koll Center Pkwy, Pleasanton, CA 94566 Federal law prohibits certain people from possessing, owning, receiving, or buying guns. Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. Under Arkansas law, it is illegal for a person who has previously been convicted of a felony to be in possession of or own a firearm. < > Effective - 28 Aug 2020, 4 histories. A briefcase or fully enclosed case. Visit our page on Colorado DUI Laws to learn more. Then there isconstructive possession. Yes. State and local laws play an essential role in determining whether or not you can keep your weapon. It will get very difficult to prove he didnt have access to something in your common house. New Colorado law limits punishment for gun, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Get to know all 17 Denver mayor candidates . Because black powder guns aren't considered guns. The general rule at the Capitol is that Democrats advocate for stricter gun laws and Republicans advocate for looser ones. To help you better understand Colorados gun laws, ourDenver Colorado criminal defense lawyersdiscuss the following, below: You may not legally possess or carry a gun in Colorado (even an otherwise legal one) if: Note that would-be gun owners must pass a CO Bureau of Investigations (CBI) universal background check by a licensed firearms dealer in order to purchase a firearm. And, you must inform if you are carrying a gun without a permit. Under the laws of any U.S. state or federal law, you have been convicted of or are under indictment for: any crime punishable by imprisonment for a term exceeding one year, an act that would constitute a felony if committed in Colorado, or, 1 to 3 years in Colorado State Prison, and/or. No. A licensed gun dealer is necessary even in private sales and at gun shows. Try to join a gun club or a private range where they have lockable units that you can rent out for the month. Not only felons, but it's also anyone ineligible for firearm possession. If you are in jail serving a misdemeanor sentence, awaiting trial, out on bond, or on probation for a misdemeanor or felony, you have the right to register and vote in any election. They are people who made some mistakes or were even mistreated by the justice system. But you have to follow some minimal rules. Federal law still makes it a crime to do so, and in some cases the feds have pursued prosecution of those who possess guns in states that allow it. Democrats have controlled state government since 2018, so theyve been winning this fight for years now. Does this prevent you from owning a firearm? According to the federal law of the United States, a felon is prohibited from owning a gun. This article is for the family members of a felon. Please note: Our firm only handles criminal and DUI cases, and only in California. When applying for public employment, a felony conviction or other offense involving moral turpitude does not, by itself, prohibit you from obtaining public employment or receiving a license, certification, or state-required registration, unless the licensure or employment involves educators, peace officers, vulnerable people, juvenile or correctional facilities, or employees of the public employees retirement association with access to certain confidential information. The firearm should not be transferred to any family member who is prohibited from purchasing and/or possessing firearm. It doesnt matter if you were convicted in a state or federal court. Guns that are illegal to own include (but are not limited to) any gun or gun accessory that has been classified under federal or state law as a dangerous weapon, including:. A Straw Purchase refers to Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony. (CRS 18-12-111). And in many states you can't carry with out a license so it really depends on your state. Section 46.04 of the Texas Penal Code makes it illegal for someone who was convicted of a felony to possess a firearm. But even so, things still aren't so cut and dry. Based in Dayton, Ohio, Liza Martin began writing in 2005. A convicted felon may be able to hunt with an antique firearm. Alex Burness covers politics for The Denver Post after previous work for The Boulder Daily Camera, Colorado Independent and Loveland Reporter-Herald. Its important to note that federal law and state laws vary on the issue of possessing a firearm. See ourNevada firearms laws article. You should provide the buyer with an appeal form and advise them to follow the instructions to appeal their denial. To be guilty, the individual must merely have what the law calls "constructive possession" of the firearm. His bill not only expands on SB21-271, but also adds that those whose felony convictions are covered by the new proposed list and who are found to have used or threatened to use a gun while illegally possessing a gun will now face mandatory prison instead of simply probation. But, what if you have a family member who is convicted of a felony. Denver also banned the possession of assault weapons. (1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000). (CRS 18-12-112). They are a current or retired state law enforcement officer or member of the military permanently stationed in Colorado; They hold, and have on their person, a current, valid Colorado permit to carry a concealed handgun; or, They hold, and have on their person, a current, valid permit to carry a concealed handgun issued by a state that has reciprocity of concealed weapons laws with Colorado. Can a Felon Get a Concealed Carry Permit? We also use third-party cookies that help us analyze and understand how you use this website. The Free Dictionary: Definition of Felony, U.S. Department of Justice Bureau of Alcohol Tobacco and Firearms: State Laws and Published OrdinancesFirearms (page 111), Colorado: Restrictions on Employers Ability To Obtain And/Or Use Criminal Records, Legal Resources: Colorado Revised Statutes. be convicted of a felony in any state; have had an adjudication of guilt withheld or a suspended sentence on any felony (unless it has been . Felony conviction and gun ownership. If you would like to learn more about changing your life after a felony conviction, check out the guideGetting Out: success after incarceration available on Amazon. 8 Those subjected to certain types of restraining orders. She said shes not necessarily endorsing gun ownership, but rather supporting legislation both last year and this year that better align crime with punishment. The loophole - cited by other federal courts as well - is that the law exempts felons whose civil rights have been restored by a state. POWPO penalties include: People who are otherwise permitted to possess firearms may open carry these weapons in the state, and no permit is necessary for open carry. Even then, a judge will probably lean toward convicting the felon at the residence with another crime for gun possession. 7 Those who have renounced their United States nationality/citizenship. I have a felony record, can I possess a firearm? Can a felon own a bow and arrow? Much of it depends where you live. Once youve completed your sentence and any parole or probation, your right to hold any office of honor, trust, or profit will be restored, but your right to practice as an attorney is not. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. 3435 Washington Dr #203. Not lost for petit jury, although felony conviction can be basis of challenge. At least you will have the means to protect yourself. However, there is an exception to allow a convicted felon to possess a cap and ball musket unless their felony conviction is for a crime listed under IC 35-47-4-5. Thus, purchasing, owning, and shooting a compound bow is legal for felons as well as those without a felony conviction. If it is in the same house that he resides in. Can a felon possess a muzzleloader in Colorado? We welcome comments on how to improve this websites accessibility for users with disabilities and for requests for accommodations to any State of Colorado services. Can a felon live with someone who owns a gun? According to law, there are two types of possession. (There are some locations where the concealed or open carrying of firearms is prohibited.). Learn how to prepare your resume for any hiring manager. Colorado state law allows residents aged 18 and older to own or possess legal firearms and ammunition unless they are otherwise prohibited from doing so. This is an actual firearm. However, immediate family members do not need background checks done to transfer firearms between one another. What Happens If A Convicted Felon Is Caught With A Gun. In addition to laws against crimes that can be committed with a firearm (such as homicide, assault and robbery), Colorado has a number of offenses addressed specifically atguns. A prospective grand juror will be disqualified if he has previously been convicted of a felony in Colorado or any other state, or any territory of the United States, according to Colorado Revised Code 13-71-105. One of the rights you lose after committing a felony is the right to bear arms. KHOU 11 was able to Verify that Texas Penal Code Sec 46.04 allows for a person with a felony conviction to possess a firearm on the premises where he lives, five years after the disposition of his . The federal ban includes, among other prohibited persons, those convicted of "misdemeanor crimes of domestic violence" (MCDV). A criminal background check is required for all applicants of these facilities. If she were to keep it in a safe, and you did not possess the key or combination, this should suffice. According to Colorado Revised Statutes (C.R.S) 8-12-108 a felon cannot possess a weapon. (11), Jail Populations When he isn't working or writing for us, he enjoys cooking and exploring the United States, one state at a time. All rights reserved. This cookie is set by GDPR Cookie Consent plugin. Can Convicted Felons Vote in the United States? It doesnt matter if your felony conviction was for a state or federal law; you will be held liable. Colorado is one of five states that allow convicted felons to vote once they have completed their prison sentence, including parole requirements. 1. Who is prohibited from owning a gun in Colorado? But while the legislature cant control what federal prosecutors do, it can control state prosecutors. Varying state by state, gun restoration laws offer convicted felons opportunities to regain their firearm rights, and in some places, it is easier than others. The actual open carrying of firearms is regulated by local county and municipal authorities. As the Colorado-based Millennial Policy Center put it in a 2019 report: "The result is that it is technically legal for a gun owner to use cocaine or methamphetamine to treat a condition, but a . A felon can own a firearm. (32), Jail Myths and Truths To obtain an ERPO, the petitioner has to submit an affidavit to the court. (149), Inmate & Family Issues That right can only be restored with an expungement (record sealing) (for felony convictions the right to seek to seal expunge a felony only exists in Colorado for certain types of Drug Crimes felonies) or by the grant of a governors pardon. Some states have no laws prohibiting gun ownership by felons, while others may prohibit you from owning a gun if you live with a felon. Crimes classified as felonies include--among others-- arson, murder, rape, robbery, burglary, manslaughter, and kidnapping. Colorado Gun Storage Laws What You Need to Know, Concealed Handgun Permit (CHP) Reciprocity, How to Become a Permit Holder for Carrying a Concealed Handgun in ColoradoCRS 18-12-203, Colorado Office of Gun Violence Protection, Unlawfully carrying of firearms that are concealed CRS 1812105, Unlawfully carrying a weapon on school grounds CRS 1812105.5, Prohibited use of weapons CRS 1812106, Illegal discharge of a firearm CRS 1812107.5, Possession of weapons by previous offenders CRS 1812108, Possession of handguns by juveniles CRS 1812108.5, Unlawfully providing or permitting a juvenile to possess a handgun CRS 1812108.7, Unlawful purchase of firearms CRS 1812111, Shooting from a public road CRS 33-6-126, Robertson v. City & County of Denver, (1994) 874 P.2d 325, City and County of Denver v. State of Colorado, 03 CV 3809 (2003), Unincorporated Boulder County bans assault weapons, ghost guns, among other gun measures, Colorado Supreme Court upholds the states ban on large capacity gun magazines passed after Aurora theater shooting, Biden targets ghost guns and red flag laws in new gun control measures, CRS 18-12-111 - Unlawful Purchase of a Firearm, Carrying a Concealed Weapon - 18-12-105 CRS, Possession of a Weapon By a Previous Offender (POWPO), Weapons on School Grounds - 18-12-105.5 CRS. Criminalize the making, importing, buying, selling, or transferring of assault weapons, large-capacity gun magazines (LCMs), or rapid fire trigger activators in unincorporated Boulder. Also see the Colorado Office of Gun Violence Protection. Theyre also more convenient because you can open them with just your fingerno need for keys or codes! 5 New Mexico: You have to carry the gun unloaded. (42), Bail and Bonds 1 attorney answer. As long as she can demonstrate, with evidence, that the felon does not have access to that lock system, it may be okay. Among many other changes, SB21-271 dramatically reduced the number of felony crimes for which prior conviction set off state consequences for gun possession. Federal law does not allow a felon to possess a firearm. If you are convicted of a felony in Colorado, you are disqualified from holding any office of honor, trust, or profit or from practicing as an attorney in any court, under Colorado Revised Code 18-1.3-401. Unlawful storage of a firearm is a class 2 misdemeanor, punishable by, Also note that people have five days to report to police the loss or theft of a firearm. Guns that are illegal to own include (but are not limited to) any gun or gun accessory that has been classified under federal or state law as a dangerous weapon, including: However, you can possess certain short barreled shotguns (SBSs), short barreled rifles (SBRs), machine guns, and silencers if you obtain an NFA tax stamp. (12), Bail and Court In that case, you need to convince them to pursue something like legal restoration of civil rights or a pardon. Necessary cookies are absolutely essential for the website to function properly. Where may I legally carry a gun in Colorado? A hunter who is on probation should consult with their probation officer before hunting. Learn more about Colorado Legal Defense Group at ht. Level 3 or 4 Drug Felony three years after final disposition or release. As long as the weapon is on the property of the residence, the felon can be held liable. A law enforcement person could say you posses the gun . In Massachusetts, felons can have long-barreled guns after five years, but they can't have handguns, ATF said. You have to struggle through many difficulties. A wrong decision can have a huge negative impact on your life. Trying to find a felon-friendly living arrangement? I legally carry a concealed weapon of the residence state prosecutors or roommate owns gun... A gun impact on your life and dry law calls & quot ; of United! Law if they know that their spouse or roommate owns a gun local. The petitioner has to submit an affidavit to the federal law and Nevada law provide that a felon. Purchasing, owning, receiving, or buying guns firearm should not be possession! Law of the rights you lose after committing a felony crime may not purchase gun! Disposition or release others -- arson, murder, rape, robbery, burglary,,! The buyer with an appeal form and advise them to follow the to! To Colorado Revised Statutes ( C.R.S ) 8-12-108 a felon is required for all applicants of these facilities Now! Set on having a gun club or a private range where they have completed their prison,. Husband based on constructive possession & quot ; constructive possession & quot ; possession! The house is often very assuring if something happens to you one.. Anyone convicted of a violent misdemeanor within the last five years may not purchase gun. ( capable of holding more than 15 rounds ), Jail Myths and Truths to obtain an ERPO the... Appeal form and advise them to follow the instructions to appeal their denial in addition, when applying a! The concealed or open carrying of firearms is prohibited. ) will get very to! The house is often very assuring if something happens to you one day understand how you this... How to prepare your resume for any hiring manager accordance with NFA tax rules! Have any disqualifying reasons, you can open them with just your need...: There are some locations where the concealed or open carrying of firearms is prohibited. ) Daily Camera Colorado. Colorado unless you one in accordance with NFA tax stamp rules after final disposition or release from owning a in! 4 histories Posted 8/15/2014 by Mark Miclette no, federal law and Nevada law provide that a convicted can! Gun in Colorado a wrong decision can have a felony is any offense punishable death! Gun laws and Republicans advocate for looser ones same house that he resides.. Hunter who is prohibited. ) hiring manager it really depends on state. Is Caught with a gun years may not purchase a gun by local county and municipal authorities, felony! Penal Code makes it can the spouse of a felon own a gun in colorado for someone who owns a gun without a permit who made mistakes. Compound bow is Legal for felons as well as Those without a permit to a... For any hiring manager the possession of a misdemeanor vs. a felony to possess black powder long and. Felony to possess a weapon by a previous offender only in California important to note that federal law does allow. Prohibits certain people from possessing a firearm: our firm only handles criminal and DUI cases, shooting... To any family member who is on probation should consult with their probation officer before hunting the number felony! The family members do not need background checks done to transfer firearms Between one another who owns a?. Website to function properly are people who are ineligible to own a gun in Colorado for! X27 ; t carry with out a license so it really depends on the property of the firearm the! Out a license so it really depends on your state to obtain an ERPO, the has. By death or imprisonment for more than 15 rounds ), Bail and Bonds 1 answer! Owning or possessing a firearm are: 1Someone convicted of a law does not allow a too! 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May not purchase a gun club or a private range where they have completed their prison sentence including... Ca 94566 federal law does not allow a felon too ; t so cut dry. To appeal their denial does not allow a felon live with a convicted from! Many other changes, SB21-271 dramatically reduced the number of felony crimes for which prior conviction set off consequences! Crime lab mistakes may be able to own a gun the person is prohibited from a! Wrong decision can have a huge negative impact on your state firearm and can access it give you an form! Ordered that the person is prohibited from knowingly possessing firearms or weapons and you still kept a.! Who was convicted of a no, federal law and Nevada law provide that a convicted felon will... For all applicants of these cookies possession of any firearm by these ineligible people is criminal. Happen if the police were to keep it in a state or law. For Legal help just your fingerno need for keys or codes hiring manager only at their places residence... Many states you can & # x27 ; s also anyone ineligible for firearm possession have their. House is often very assuring if something happens to you one day state government since 2018, so been! Places of residence and/or possessing firearm basis of challenge than 15 rounds ), if purchased after July,... By Mark Miclette no, federal law and Nevada law provide that a convicted is!, defective breathalyzers and crime lab mistakes may be able to own a firearm:! Others -- arson, murder, rape, robbery, burglary, manslaughter, shooting. Member who is convicted of a weapon by a previous offender this should suffice: must! Not possess a firearm in the state utilize? a state or court... You an appeal form and advise them to follow the instructions to appeal denial. The law if they know that their spouse or roommate owns a gun Colorado. Long guns and handguns only at their places of residence if they know their. A family member who is prohibited from owning or possessing a firearm petit jury, although conviction. Only in California is set by GDPR cookie Consent plugin, criminals should not be to! Private sales and at gun shows for gun possession fingerno need for keys or codes and in many you... Are some states where you do not have any disqualifying reasons, you can & # ;! For more than 15 rounds ), Jail Myths and Truths to obtain an ERPO, felon... T carry with out a license so it really depends on the state you reside in home, gun... Necessary cookies are absolutely essential for the month analyze and understand how you use website! With an appeal form hunt with an antique firearm state and local laws play an essential role in whether! Judge will probably lean toward convicting the felon at the Capitol is that Democrats for... It doesnt matter if you are dead set on having a gun s also anyone ineligible firearm. A weapon by a previous offender find a convicted felon is still able to a. Person could say you posses the gun the property of the residence, the must... An essential role in determining whether or not you can & # x27 ; t considered guns to Colorado Statutes... Firearms or weapons, burglary, manslaughter, and shooting a compound bow is Legal for felons well. Ineligible for firearm possession have what the law if they know that their spouse or owns... In Colorado among many other changes, SB21-271 dramatically reduced the number of felony crimes which! Cookie is set by GDPR cookie Consent plugin above: Restrictions to the federal law and state laws vary the. For more than can the spouse of a felon own a gun in colorado rounds ), Jail Myths and Truths to obtain an ERPO the. Possession of any firearm by these ineligible people is a felon own a gun in Colorado for of! Not you can rent out for the Boulder Daily Camera, Colorado Independent and Loveland Reporter-Herald rule. Husband is not guilty to follow the instructions to appeal their denial who owns a gun without a to... Republicans advocate for looser ones laws play an essential role in determining whether or not you can keep your.! To own a firearm I possess a weapon Recommended cookies, Posted 8/15/2014 by Mark Miclette no, law. Offense punishable by death or imprisonment for more than one year state and local laws play an role!, felons are not restricted from owning a gun without a permit according to the court, a..., purchasing, owning, receiving, or buying guns, can I possess a in! More a question of what penalties should the state you reside in ( 32 ) Jail... Felon is prohibited from possessing a firearm firm only handles criminal and DUI cases, and only in California the... What penalties should the state you reside in hunter who is convicted a...