firearms related reporting requirements list · firearms related reporting requirements list ....

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1 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive. Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services November 2015 Firearms Related Reporting Requirements List Firearms Prohibiting Categories Statutory Authority Length of prohibition Court Reporting Requirement to DOJ stated? Method of Reporting Express Relinquishment Requirement Express requirement that the court notify the prohibited person? Persons ordered not to possess firearms as a condition of probation (but not subject to Penal Code §§29805, 29800(a) ) Penal Code §29815 During probation Yes, Penal Code §29815(b) DOJ’s electronic disposition reporting system, or DOJ forms JUS 8715, 8715A No No express requirement in section 29815 but may be required by the underlying conviction. Persons Charged with either an offense described in Welfare and Institutions Code §707(b) or Penal Code §§ 1203.073(b), 29805, 25850, 25400(a), or 26100(a) AND adjudicated a ward of the juvenile court under Welfare and Institutions Code §602 for violations of either Welfare and Institutions Code §707(b) or Penal Code §§1203.073(b), 29805, 25850, 25400(a), or 26100(a) Penal Code §29820(b) Until age 30 Yes, Penal Code §29820(d) DOJ’s electronic disposition reporting system, or DOJ form BOF 4077 No No express requirement in section 29815 but may be required by the underlying adjudication. Any person subject to a temporary restraining order CCP §527.6(t)(1) While the restraining order Yes, CCP §527.6(q) Within 1 business day petitioner Yes CCP 527.6(t)(2), Yes, CCP § 527.6(t)(3) per Penal

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Page 1: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

1 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Related Reporting Requirements List Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Persons ordered not to possess firearms as a condition of probation (but not subject to Penal Code §§29805, 29800(a) )

Penal Code §29815

During probation Yes, Penal Code §29815(b)

DOJ’s electronic disposition reporting system, or DOJ forms JUS 8715, 8715A

No No express requirement in section 29815 but may be required by the underlying conviction.

Persons • Charged with either an

offense described in Welfare and Institutions Code §707(b) or Penal Code §§ 1203.073(b), 29805, 25850, 25400(a), or 26100(a)

AND • adjudicated a ward of

the juvenile court under Welfare and Institutions Code §602 for violations of either Welfare and Institutions Code §707(b) or Penal Code §§1203.073(b), 29805, 25850, 25400(a), or 26100(a)

Penal Code §29820(b)

Until age 30 Yes, Penal Code §29820(d)

DOJ’s electronic disposition reporting system, or DOJ form BOF 4077

No No express requirement in section 29815 but may be required by the underlying adjudication.

Any person subject to a temporary restraining order

CCP §527.6(t)(1) While the restraining order

Yes, CCP §527.6(q)

Within 1 business day petitioner

Yes CCP 527.6(t)(2),

Yes, CCP § 527.6(t)(3) per Penal

Page 2: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

2 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

or an injunction issued pursuant to Code of Civil Procedure §527.6(t)

is in effect CCP §527.6(t)(1)

delivers copy of order to law enforcement or, the court or its designee transmits the information to law enforcement (CCP §527.6(q)) / Mandatory Judicial Council forms CH-110 (CARPOS), CH-130 (CARPOS), CH-730

527.9 Code § 29825(d). Notice on protective order that defendant is prohibited from possessing firearms

Any person subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure §527.8(r)

CCP §527.8(r) While the protective order is in effect, CCP § 527.8(r)(1)

Yes, CCP §527.8(q)

Within 1 business day petitioner delivers copy of order to law enforcement or, the court or its designee transmits the information to law enforcement (CCP §527.8(q)); Mandatory Judicial Council forms WV-110 (CARPOS), WV-130 (CARPOS), WV-730; See also Optional Judicial

Yes, CCP §§527.8(r)(2), 527.9

Yes, CCP § 527.8(r)(3) per Penal Code § 29825(d). Notice on protective order that defendant is prohibited from possessing firearms

Page 3: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

3 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Council forms WV-100-INFO, WV-800-INFO

Any person subject to a protective order issued pursuant to Penal Code §136.2 (includes domestic violence and non-domestic violence orders)

Penal Code § 136.2(d)(1)

While the protective order is in effect Penal Code §136.2(d)(1)

Yes, Penal Code § 136.2

Mandatory Judicial Council Forms CR-160, CR-161, CR-162, CR-165

Yes PC § 136.2(d)(2); CCP §527.9; California Rule of Court, Rule 4.700 (applies only to domestic violence orders)

Yes, Penal Code § 136.2(d)(3) per §29825(d). Notice on protective order that defendant is prohibited from possessing firearms

Any person subject to an emergency protective order issued pursuant to Penal Code §646.91

Penal Code § 646.91(m)

While the emergency protective order is in effect Penal Code § 646.91(m)

Yes, if EPO includes orders under Code of Civil Procedure §§ 527.6 or 527.8

Peace officers enter into DOJ computer database; Court follows CCP §§527.6, or 527.8 if applicable

Yes, under CCP §527.9 if EPO includes orders under CCP §§ 527.6 or 527.8

Yes, if EPO includes orders under CCP §§ 527.6(t)(3, 527.8(r)(3) per Penal Code § 29825(d). Notice on protective order that defendant is prohibited from possessing firearms

Page 4: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

4 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Any person subject to a gun violence restraining order (“GVRO”) *EFFECTIVE DATE: January 1, 2016

Penal Code §18120(a)

While the gvro is in effect Penal Code §18120(a)

Yes, Penal Code §18115(a)

Within 1 court day after issuing or renewing the order. Penal Code §18115(a). DOJ’s electronic disposition reporting system under Penal Code §18115(c). Court reports into CARPOS within 1 day of receiving proof of service if not served by law enforcement (law enforcement enters into CARPOS directly) under Penal Code §18115(e)

Penal Code § 18120(b) (See also Penal Code § 1542.5 (when seized pursuant to a gvro))

Yes, Penal Code §§ 18115(d) [When notifying the Department of Justice the court shall indicate in the notice whether the person subject to the gun violence restraining order was present in court to be informed of the contents of the order or if the person failed to appear. The person's presence in court shall constitute proof of service of notice of the terms of the order], 18120(b)(1) [Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender to the local law enforcement agency all firearms and

Page 5: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

5 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person? ammunition in the restrained person's custody or control, or which the restrained person possesses or owns.]

Any person subject to a temporary emergency gun violence restraining order (“GVRO”) *EFFECTIVE DATE: January 1, 2016

Penal Code §18125(b)

While the gvro is in effect Penal Code §18120(a) [See also Penal Code § 18125(b) (21 days max for temporary emergency GVRO)]

Yes, Penal Code §18115(a)

Within 1 court day after issuing or renewing the order. Penal Code §18115(a). DOJ’s electronic disposition reporting system under Penal Code §18115(c). Court reports into CARPOS within 1 day of receiving proof of service if not served by law enforcement (law enforcement enters into CARPOS directly) under Penal Code §18115(e)

Penal Code § 18120(b) (See also Penal Code § 1542.5 (when seized pursuant to a gvro))

Same as above.

Any person subject to an ex Penal Code While the gvro is Yes, Within 1 court day Penal Code § Same as

Page 6: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

6 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

parte gun violence restraining order (“GVRO”) *EFFECTIVE DATE: January 1, 2016

§18150 in effect Penal Code §18120(a) [See also Penal Code § 18155(c) (21 days max for ex parte gvro)]

Penal Code §18115(a)

after issuing or renewing the order. Penal Code §18115(a). DOJ’s electronic disposition reporting system under Penal Code §18115(c). Court reports into CARPOS within 1 day of receiving proof of service if not served by law enforcement (law enforcement enters into CARPOS directly) under Penal Code §18115(e)

18120(b) (See also Penal Code § 1542.5 (when seized pursuant to a gvro))

above.

Any person subject to a 1-year gun violence restraining order (“GVRO”) *EFFECTIVE DATE: January 1, 2016

Penal Code §18175(c)

While the gvro is in effect Penal Code §18120(a) [See also Penal Code § 18175(d) (1-year renewable for GVRO)]

Yes, Penal Code §18115(a)

Within 1 court day after issuing or renewing the order. Penal Code §18115(a). DOJ’s electronic disposition reporting system under Penal

Penal Code § 18120(b) (See also Penal Code § 1542.5 (when seized pursuant to a gvro))

Same as above.

Page 7: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

7 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Code §18115(c). Court reports into CARPOS within 1 day of receiving proof of service if not served by law enforcement (law enforcement enters into CARPOS directly) under Penal Code §18115(e)

Any person subject to a protective order issued pursuant to Welfare and Institutions Code §15657.03

Welfare & Institutions Code §15657.03(t)

While the protective order is in effect Welfare & Institutions Code §15657.03(t)(2) citing CCP §527.9(d)

Yes Welfare & Institutions Code §15657.03(o)(1)

Within 1 business day petitioner delivers copy of order to law enforcement or, the court or its designee transmits the information to law enforcement 15657.03(o) / Mandatory Judicial Council forms EA-110 (CARPOS), EA-130 (CARPOS), EA-730

Yes, Welfare & Institutions Code § 15657.03(t)(2); CCP §527.9

Yes, Welfare & Institutions Code § 15657.03(t) per *CCP § 527.9 and Penal Code § 29825(d). Notice on protective order that defendant is prohibited from possessing firearms. *Notice

Page 8: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

8 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person? implied in relinquishment order.

Any person found by a court to be a danger to himself, herself, or others because of a mental illness (including but not limited to Welfare & Institutions Code §5300)

Welfare & Institutions Code §8103(a)

Lifetime or until certification stating the person may possess a firearm without endangering others

Yes As soon as possible but no later than 1 court day after issuing the order. Same applies to certificate stating that the person may possess a firearm without endangering others. DOJ’s electronic disposition reporting system, or DOJ form BOF 4076

No No express requirement found in the statute.

Any person found by a court to be mentally incompetent to stand trial

Welfare & Institutions Code §8103(d)

Lifetime or until certification stating the person may possess a firearm without endangering others

Yes As soon as possible but no later than 1 court day after issuing the order. Same applies to certificate stating that the person may possess a firearm without endangering others. DOJ’s electronic disposition reporting system, or DOJ forms BOF 4076, JUS 8715

No No express requirement found in the statute.

Any person found by a court to be not guilty by reason of insanity

Welfare & Institutions Code §8103(b),(c)

Lifetime or until the court makes a finding of restoration of

Yes As soon as possible but no later than 1 court day after issuing the order. Same applies to certificate stating that the

No No express requirement found in the statute.

Page 9: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

9 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

sanity person may possess a firearm without endangering others. DOJ’s electronic disposition reporting system, or DOJ forms BOF 4076, JUS 8715

Any person who is adjudicated to be a mentally disordered sex offender

Welfare & Institutions Code §8103(a)

Lifetime or until certification stating that the person may possess a firearm without endangering others

Yes As soon as possible but no later than 1 court day after issuing the order. Same applies to certificate stating that the person may possess a firearm without endangering others. DOJ’s electronic disposition reporting system, or DOJ forms BOF 4076, JUS 8715

No No express requirement found in the statute.

Any person who is on a conservatorship (pursuant to Welfare & Institutions Code §5350) because he or she is gravely disabled as result of a mental disorder

Welfare & Institutions Code §8103(e)

While under the conservatorship if the court makes a finding that possession of a firearm would present a danger to the safety of the

Yes As soon as possible but no later than 1 court day after issuing the order. Same applies to certificate stating that the person may possess a firearm without endangering others. DOJ’s electronic disposition reporting system, or

No No express requirement found in the statute.

Page 10: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

10 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

person or to others

DOJ form BOF 4076

Any person who is on a conservatorship (pursuant to Welfare & Institutions Code §5350) because he or she is gravely disabled as result of an impairment by chronic alcoholism

Welfare & Institutions Code §8103(e)

While under the conservatorship if the court makes a finding that possession of a firearm would present a danger to the safety of the person or to others

Yes As soon as possible but no later than 1 court day after issuing the order. Same applies to certificate stating that the person may possess a firearm without endangering others. DOJ’s electronic disposition reporting system, or DOJ form BOF 4076

No No express requirement found in the statute.

Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code §5150, assessed under Welfare and Institutions Code §5151, and admitted to a mental health facility under Welfare and Institutions Code §§5151, 5152, or certified under Welfare and Institutions Code §§5250, 5260, and 5270.15

(5150) Welfare & Institutions Code §8100(a) (5250) Welfare & Institutions Code §8100(a) (5150, 5151, 5152) Welfare & Institutions Code §8103(f) (5250, 5260, 5270.15) Welfare

During inpatient treatment During inpatient treatment 5 years 5 years

Facility reports Facility reports Facility reports Facility reports

No No No No

No express requirement found in the statute but note that the facility must inform person under Welfare & Institutions Code § 8103(f).

Page 11: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

11 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

& Institutions Code §8103(g)

Any person convicted of a misdemeanor violation under Penal Code §71 (Threatening public officers, employees, and school officials)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §76 (Threatening certain public officers, appointee, judges, staff or their families with the intent and apparent ability to carry out the threat)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §136.1 (Intimidating witnesses or victims)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §136.5 (Possessing a deadly weapon with the intent to

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Page 12: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

12 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

intimidate a witness) Any person convicted of a misdemeanor violation under Penal Code §140 (Threatening witnesses, victims, or informants)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §148(d) (Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer engaged in duty)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §171b (Unauthorized possession of a weapon in a courtroom, courthouse, or court building, or at a public meeting)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §171c(a)(1) (Bringing into

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715,

No Required DOJ form BOF 110 notifies defendant of

Page 13: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

13 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

or possessing a loaded firearm within the state capitol, legislative offices, etc.)

8715A prohibition.

Any person convicted of a misdemeanor violation under Penal Code §171d (Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §186.28 (Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §§240, 241 (Assault)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting

No Required DOJ form BOF 110

Page 14: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

14 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

under Penal Code §§242, 243 (Battery)

system, or DOJ forms 8715, 8715A

notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §243.4 (Sexual Battery)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §244.5 (Assault with a stun gun or taser weapon)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §245 (Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §245.5 (Assault with a deadly weapon or instrument by

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Page 15: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

15 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

any means likely to produce great bodily injury or with stun gun or taser on school employee)

Any person convicted of a misdemeanor violation under Penal Code §246.3 (Discharging a firearm or BB device in a grossly negligent manner)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §247 (Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §273.5 (Inflicting corporal injury on a spouse or significant other)

Penal Code §29805 a “misdemeanor crime of domestic violence” under both 18 U.S.C. §921(a)(33)(A); 18 U.S.C. §922(g)(9))

10 years Lifetime

Yes Not stated Not stated

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A Mandatory Judicial Council forms CR-160, CR-165 (for 273.5) Not stated Not stated

No Not stated Not stated

Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a Penal Code 10 years Yes DOJ’s electronic No Required

Page 16: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

16 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

misdemeanor violation under Penal Code §273.6 (Willfully violating a domestic protective order)

§29805 disposition reporting system, or DOJ forms 8715, 8715A

DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §417(a)(1), (a)(2) (Drawing, exhibiting, or using a deadly weapon other than a firearm)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §417.6 (Inflicting serious bodily injury as a result of brandishing)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §422 (Making threats to commit a crime which will result in the death or great bodily injury to another person)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §626.9

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or

No Required DOJ form BOF 110 notifies

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17 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

(Bringing into or possessing firearms upon or within public schools or grounds)

DOJ forms 8715, 8715A

defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §646.9 (Stalking)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A; Mandatory Judicial Council forms CR-160, CR-161, CR-165 (for 646.9)

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §25800 (Armed criminal action)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §17500 (Possessing a deadly weapon with intent to commit an assault)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §26100(b) or (d) (Driver of any vehicle who knowingly

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

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18 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle) Any person convicted of a misdemeanor violation under Penal Code §25300 (Criminal possession of a firearm)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §27510 (Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §27590(c) (Various violations involving sales and transfers of firearms)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under former Penal Code

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or

No Required DOJ form BOF 110 notifies

Page 19: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

19 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

§12100(a) (Person or corporation who sells any concealable firearm to any minor)

DOJ forms 8715, 8715A

defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §32625 (Unauthorized possession/transportation of a machine gun)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §30315 (Possession of ammunition designed to penetrate metal or armor)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §§830.95(a), 17510(a) (Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Welfare and

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or

No Required DOJ form BOF 110 notifies

Page 20: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

20 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Institutions Code §871.5 (Bringing firearm related contraband into juvenile hall)

DOJ forms 8715, 8715A

defendant of prohibition.

Any person convicted of a misdemeanor violation under Welfare and Institutions Code §1001.5 (Bringing firearm related contraband into a youth authority institution)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Welfare and Institutions Code §8100 (Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Welfare and

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or

No Required DOJ form BOF 110

Page 21: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

21 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Institutions Code §8101 (Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code §§8100 or 8103)

DOJ forms 8715, 8715A

notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Welfare and Institutions Code §8103 (Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under conservatorship)

Penal Code §29805

10 years Yes DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Person subject to a domestic violence protective order, as defined by Family Code §6218

Family Code §6389 a “misdemeanor crime of domestic violence” under both 18 U.S.C.

While the protective order is in effect Family Code 6389(a) (expiration date on the face of the order

Implied by Family Code §6389(c)(3)

Mandatory Judicial Council forms DV-110, DV-130

Yes Family Code §6389(c) [exemption if particular firearm is a condition of continued

No express requirement found in the statute.

Page 22: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

22 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

§921(a)(33)(A) 18 U.S.C. §922(g)(9))

6389(f)) employment 6389(h)]; See also California Rule of Court, Rule 5.495 (firearm relinquishment procedures)

Person subject to a restraining order covering a school campus

Code of Civil Procedure §527.85

While the restraining order is in effect §527.85(r)(1)

Petitioner delivers copy of order to law enforcement or, the court or its designee transmits the information to law enforcement CCP §527.85(q)

Within 1 business day CCP §527.85(q) Mandatory Judicial Council forms SV-110 (CARPOS), SV-116 (CARPOS), SV-130 (CARPOS), SV-730 See Optional Judicial Council forms SF-100-INFO, SV-120-INFO, SF-800-INFO

Yes §527.85(r)(2)

CCP § 527.85(r)(2); *527.9. No express requirement found in § 527.85. *Notice implied in relinquishment order.

Persons convicted of a felony

Penal Code §29800(a)(1)

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Persons with two or more Penal Code Lifetime Yes, DOJ’s electronic No Required

Page 23: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

23 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

convictions of threatening with a weapon under Penal Code §417(a)(2)

§29800(a)(2) Penal Code § 29810

disposition reporting system, or DOJ forms 8715, 8715A

DOJ form BOF 110 notifies defendant of prohibition.

Juveniles convicted as adults for felonies

Penal Code §29800(b)

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Juveniles convicted as adults for violent use of firearms as enumerated in Penal Code §23515

Penal Code §29800(b)

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Persons convicted of any violent offense listed in Penal Code §29905

Penal Code §29900

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person subject to a temporary restraining order or injunction issued pursuant to CCP §§ 527.6, 527.8, or 527.85; a

Penal Code §29825

While the protective order is in effect (expiration date must be on the

No Mandatory Judicial Council forms CH-110 (CARPOS), CH-130 (CARPOS), CH-730 (for CCP

Yes Penal Code 29825(d)

Required DOJ form BOF 110 notifies defendant of prohibition.

Page 24: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

24 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

protective order as defined in Family Code § 6218; a protective order issued pursuant to Penal Code §§ 136.2 or 646.91, or; a protective order issued pursuant to Welfare & Institutions Code § 15657.03

face of the order) Penal Code §29825(d)

§527.6)/Mandatory Judicial Council forms SV-110 (CARPOS), SV-116 (CARPOS), SV-130 (CARPOS), SV-730 (for CCP §527.85) / Mandatory Judicial Council forms WV-110 (CARPOS), WV-130 (CARPOS), WV-730; See Optional Judicial Council form WV-100-INFO (for CCP §527.8) / Mandatory Judicial Council forms DV-110, DV-130 (for 6218)/ Mandatory Judicial Council forms CR-160, CR-161, CR-162 (for Penal Code §136.2) /Mandatory Judicial Council forms EA-110 (CARPOS), EA-130 (CARPOS), EA-730 (for Welfare &

Page 25: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

25 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Institutions Code §15657.03)

Any person subject to a domestic violence protective order as defined in Welfare & Institutions Code § 213.5 (protecting dependent children, their parents, and their caretakers)

Family Code § 6389 prohibits firearms possession by individuals restricted under protective orders per Family Code § 6218. Family Code § 6218 includes protective orders described in Family Code § 6320. Family Code § 6320 enjoins behaviors that are enjoined by Welfare & Institutions Code § 213.5. Welfare & Institutions Code § 304, authorizes the juvenile court to make orders

While the protective order is in effect (note 3 year max. under Welfare & Institutions Code § 213.5(d)(1))

Yes Family Code § 6380(b)

Immediately (Family Code § 6380(b)) Mandatory Judicial Council form JV-245

Yes California Rule of Court 5.495

Required DOJ form BOF 110 notifies defendant of prohibition.

Page 26: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

26 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

under § 213.5. Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim, that has been reported by the psychotherapist to law enforcement

Welfare & Institutions Code §8100(b)

5 years No Not applicable (law enforcement reports to DOJ)

No No

Any person who is addicted to the use of narcotics

Penal Code §29800(a)

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §§29800(a)(1), 23515(a) (Narcotics addiction; Assault with a firearm)

Penal Code §29800(a)

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §§246, 29800(a)(1), 23515(b) (Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft,

Penal Code §29800

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Page 27: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

27 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

housecar or camper; Specified convictions and narcotics addiction; Violent use of firearm ) Any person convicted of a misdemeanor violation under Penal Code §§417, 23515(d), 29800(a)(1) (Brandishing a firearm in the presence of a peace officer)

Penal Code §29800

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Any person convicted of a misdemeanor violation under Penal Code §29800(a)(2) (Two or more convictions of Penal Code §417(a)(2)-threatening with a firearm)

Penal Code §29800

Lifetime Yes, Penal Code § 29810

DOJ’s electronic disposition reporting system, or DOJ forms 8715, 8715A

No Required DOJ form BOF 110 notifies defendant of prohibition.

Terms of probation for crimes of domestic violence (criminal protective order)

Penal Code §§1203.097; 29815

During probation

Yes, Penal Code § 29815

Mandatory Judicial Council forms CR-160, CR-165

Yes California Rule of Court, Rule 4.700

If required by underlying conviction with DOJ form BOF 110

Any person who is under indictment or for a crime punishable by imprisonment for a term exceeding one year

18 USC §922(n) During the indictment

No Not applicable Subject to seizure 18 USC §942(d)

Page 28: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

28 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

Any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year

18 USC §922(g)(1)

Lifetime No Not applicable Subject to seizure 18 USC §942(d)

Any person who has been discharged from the military under dishonorable conditions

18 USC §922(g)(6)

Lifetime No Not applicable Subject to seizure 18 USC §942(d)

Any person who is an illegal alien

18 USC §922(g)(5)(A)

Lifetime No Not applicable Subject to seizure 18 USC §942(d)

Any person who has renounced his or her US Citizenship

18 USC §922(g)(7)

Lifetime No Not applicable Subject to seizure 18 USC §942(d)

Any person who is a fugitive from justice

18 USC §922(g)(2)

Lifetime No Not applicable Subject to seizure 18 USC §942(d)

Any person subject to a court order (issued after such person received notice and had an opportunity to participate) restraining him or her from harassing, stalking, or threatening an

18 USC §922(g)(8)

While the protective order is in effect

No Not applicable Subject to seizure 18 USC §942(d)

Page 29: Firearms Related Reporting Requirements List · Firearms Related Reporting Requirements List . Firearms Prohibiting Categories Statutory ... DOJ forms JUS 8715, 8715A : No . No express

29 This information is for research purposes only. It is not intended as legal advice and may not be exhaustive.

Editorial comments and inquiries: Kimberly DaSilva, Attorney (415) 865-5434 / fax (415) 865-8795 Judicial Council / Criminal Justice Services

November 2015

Firearms Prohibiting Categories

Statutory Authority

Length of prohibition

Court Reporting Requirement to DOJ stated?

Method of Reporting

Express Relinquishment Requirement

Express requirement that the court notify the prohibited person?

intimate partner or child thereof, or engaging in conduct that would place an intimate partner in reasonable fear.