LOSS OF GUN RIGHTS

Guns, gun rights, and gun restrictions evoke strong feelings on all sides of the issue. Understanding that - there are actually quite a few ways you can lose your gun rights, especially in San Diego, California. The following lists of some of the categories of people who can lose their gun rights.

  1. Anybody with a federal or state court felony or warrant.

  2. Certain misdemeanor offenses.

    Convictions or outstanding warrants for these five (5) misdemeanors lead to a lifetime ban:

  • Domestic Violence, 

  • Assault with a firearm,

  • Shooting at an inhabited or occupied dwelling,

  • Brandishing a firearm in the presence of a peace officer,

  • Two (2) or more convictions of drawing a firearm in a threatening manner

There are about forty (40) different misdemeanors that will result in a firearm prohibition for 10 years in California. 

Firearms Prohibiting Categories

3. Any person found to have mental health issues.

  4. Any person who is subject to a Gun Violence Restraining Order (“GVRO”). San Diego county files the most GVROs in California. 

Gun Violence Restraining Orders (“GVRO”) aren’t your typical restraining order.

Unlike the other Restraining Orders, the GVRO does not restrain a person from coming near another person – it restrains a person from coming near a gun or ammo. The GVRO strictly prohibits a person from having a gun, ammunition, or magazines - that’s it. 

There are three ways a GVRO can be issued.

  1. Temporary Emergency Order, there is reasonable cause to believe the restrained person is an immediate and present danger; 

  2. Ex Parte Order, there is a substantial likelihood the restrained person poses a significant danger in the near future; and

  3. Order after a Hearing, there is clear and convincing evidence the restrained person is a significant danger. 

At the hearing, the person filing the GVRO has the burden of proving to the court, with clear and convincing evidence, that the restrained person poses a significant danger. 

Consequences

The sole purpose of the California GVRO is to prevent a person from having access to a firearm or ammo for a period of time. 

Prohibiting a person from any of their constitutional rights is a big deal. Regardless of how you personally feel about the 2nd Amendment, knowingly filing a false report that seeks to restrict a person’s gun rights, is illegal and is a misdemeanor.

San Diego files significantly more GVROs than any other county in California. If you are subject to a GVRO, a violation can lead to a 5 year ban from owning or possessing a firearm, ammunition, or magazines, 6 months in jail, and/or a $1,000 fine.  

An attorney can help you restore your gun rights by filing a request to Terminate a Gun Violence Restraining Order. Speak to an attorney to explore all of your options to restore your gun rights.

All information subject to “Disclaimer” below. 

1  See, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8984773/.