Can A Felon Own A Pellet Gun In California?
| Can a Felon Own a Pellet Gun in California? | Yes | No |
|---|---|---|
| Pellet guns are classified as firearms in California. | Felons are prohibited from owning firearms in California. | Therefore, felons cannot own pellet guns in California. |
California Penal Code Section 12021(a)
California Penal Code Section 12021(a) defines what constitutes a “firearm” under California law. The statute states that a firearm is “any device designed to expel a projectile by the action of an explosive or compressed gas.” This definition includes pellet guns and BB guns, as they are both devices that expel a projectile by the action of compressed gas.
Section 12021(a) also makes it illegal for felons to own or possess firearms. This means that felons are prohibited from owning or possessing pellet guns or BB guns.
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Exceptions to California Penal Code Section 12021(a)
There are a few exceptions to California Penal Code Section 12021(a). These exceptions allow felons to own or possess pellet guns or BB guns under certain circumstances.
The first exception is for felons who have been pardoned by the governor. If a felon has been pardoned by the governor, they are no longer considered to be a felon under the law. This means that they are allowed to own or possess pellet guns or BB guns.
The second exception is for felons who have been granted a Certificate of Rehabilitation. A Certificate of Rehabilitation is a document issued by the California Department of Corrections and Rehabilitation to felons who have completed their sentences and have demonstrated good conduct. Felons who have been granted a Certificate of Rehabilitation are also allowed to own or possess pellet guns or BB guns.
The third exception is for felons who are members of a law enforcement agency or the military. Felons who are members of a law enforcement agency or the military are allowed to own or possess pellet guns or BB guns for official purposes.
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felons are prohibited from owning or possessing pellet guns or BB guns under California law. However, there are a few exceptions to this rule. Felons who have been pardoned by the governor, felons who have been granted a Certificate of Rehabilitation, and felons who are members of a law enforcement agency or the military are allowed to own or possess pellet guns or BB guns.
3. Penalties for Violating California Penal Code Section 12021(a)
California Penal Code Section 12021(a) makes it a felony for a felon to own or possess a firearm. This includes pellet guns and BB guns. If a felon is caught owning or possessing a pellet gun or BB gun, they may be charged with a felony and face up to 3 years in prison and/or a fine of up to $10,000.
In addition to the criminal penalties, a felon who is caught owning or possessing a pellet gun or BB gun may also have their parole or probation revoked. This could result in the felon being sent back to prison or jail.
It is important to note that California law does not make it a crime for a felon to own or possess a pellet gun or BB gun if they have been pardoned or have been granted a Certificate of Rehabilitation. However, even if a felon has been pardoned or has been granted a Certificate of Rehabilitation, they should still consult with an attorney before purchasing or possessing a pellet gun or BB gun.
4. Resources for Felons Who Want to Own a Pellet Gun or BB Gun
The California Department of Justice provides a list of resources for felons who want to own a pellet gun or BB gun. These resources include information on how to apply for a pardon or a Certificate of Rehabilitation, as well as information on the penalties for violating California Penal Code Section 12021(a).
The following are some of the resources that are available from the California Department of Justice:
- [Parole and Probation](https://www.cdcr.ca.gov/parole/)
- [Pardons](https://www.cdcr.ca.gov/pardons/)
- [Certificates of Rehabilitation](https://www.cdcr.ca.gov/certificatesofrehabilitation/)
- [Penalties for Felony Weapons Possession](https://www.cdcr.ca.gov/laws-regulations/felony-weapons-possession/)
In addition to the resources that are available from the California Department of Justice, there are also a number of other resources that are available to felons who want to own a pellet gun or BB gun. These resources include:
- [The National Rifle Association](https://www.nra.org/)
- [The National Shooting Sports Foundation](https://www.nssf.org/)
- [The National Coalition for Gun Rights](https://www.nclr.org/)
These organizations can provide felons with information on the laws and regulations governing the ownership of pellet guns and BB guns, as well as assistance with applying for a pardon or a Certificate of Rehabilitation.
Felons who are interested in owning a pellet gun or BB gun should be aware of the laws and regulations that apply to them. They should also consult with an attorney before purchasing or possessing a pellet gun or BB gun.
Can a felon own a pellet gun in California?
No, felons cannot own a pellet gun in California. The California Penal Code defines a “firearm” as any device that is capable of expelling a projectile by means of an explosive or compressed gas. This includes pellet guns, which are considered firearms under California law. Felons are prohibited from owning or possessing firearms, so they are also prohibited from owning or possessing pellet guns.
What are the penalties for a felon caught possessing a pellet gun in California?
Felons who are caught possessing a pellet gun in California can face serious penalties. They can be charged with a felony, which carries a maximum sentence of 10 years in prison and a $10,000 fine. They can also be ordered to pay restitution to the victim of the crime.
Are there any exceptions to the law prohibiting felons from owning pellet guns in California?
There are a few exceptions to the law prohibiting felons from owning pellet guns in California. These exceptions include:
- Felons who have been pardoned by the governor
- Felons who have had their civil rights restored
- Felons who are members of the military or law enforcement
- Felons who are hunting with a pellet gun under the supervision of a licensed hunter
If I am a felon and I am not sure whether I am allowed to own a pellet gun in California, what should I do?
If you are a felon and you are not sure whether you are allowed to own a pellet gun in California, you should consult with an attorney. An attorney can help you understand the law and determine whether you are eligible to own a pellet gun.
Resources
- [California Penal Code Section 12021](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=12021)
- [California Department of Justice – Felon Firearm Possession Laws](https://oag.ca.gov/firearms/felon-firearm-possession-laws)