CALIFORNIA FAMILY LAW
...Domestic Violence
......Criminal Prosecution Options
.........Firearms
8 Cards On This Topic:

Person subject to residence exclusion may not purchase or receive firearm.

It is a violation of federal law for a person under domestic violence TRO or who has been convicted of DV to possess a firearm.

Re prohibition of possession of a firearm by person convicted of misdemeanor domestic violence, domestic relationship need not be a defining element of the predicate offense.

U.S. met burden to show the fed. statute prohibiting gun possession by DV misdemeanants is substantially related to important government interest of preventing domestic gun violence, and did not violate the 2d Amend.

Federal firearm conviction based on D's being subject to DV restraining order may be upheld if he had actual notice and opportunity to participate in hearing at which DV restraining order issued.

Statute making it illegal to possess firearm if subject to domestic violence protection order is constitutional.

D guilty of federal charge of possessing firearm while subject to domestic violence restraining order when he knowingly possessed firearm whether or not he knew such possession violated law.

PC 242 misdemeanor conviction has as an element the use of physical force for purposes of the 18 USC 922(g)(9) prohibition of possession of firearms by those convicted of "a misdemeanor crime of domestic violence."