0
It is a simple battery and nothing more. For those considering owning a gun after such a violation there is light at the end of the tunnel. After conviction, State of California prohibits the ownership, purchase or possession of a firearm for 10 years. An expungement will not circumvent the use of guns, but will help with other aspects such as Job Applications/employment. Some people and a few lawyers may lead you to believe that "the Lautenberg amendment" will continue this for life. Unfortunately for them, they didn't study law or missed this lecture, when attending law school. If you apply the Ninth Circuit Application of Categorical Approach, in reference of California P.C. 242, "conviction of a simple battery... is not a crime of domestic violence". This decision was based on the case, Tokatly v. Ashcroft, 9th Cir. 2004. Regardless of the circumstances, if the DA wanted to charge you with domestic violence, he would not have charged you with P.C. 242. There are other codes for such violations. So, for those wanting to go back or start shooting/hunting as a hobby, you will need to wait the 10 year ban from the state of California. After the state ban, gun possession is possible.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
You were convicted on a penal code 242 can you own a firearm?
Generally speaking, a misdemeanor conviction does not trigger a gun restriction. However, there are about 40 specific misdemeanor convictions that do carry a California ten-year firearms ban. Penal Code 242 PC Battery is one of them. You should contact an attorney to discuss the issues in more detail.
What is a aggravated misdemeanor and a serious misdemeanor?
A serious misdemenor follows an aggravated one. Meaning if someone aggravates you, something serious is about to happen!
What is class a misdemeanor?
In some states, it signifies the most serious of all the Misdemeanor offenses.
What is CA 242 PC?
It is the California Penal Code for battery.
What is the term for a less serious crime punishable by a short jail sentence or fine?
A less serious crime that is punishable by short jail sentence or a small fine is called a misdemeanor. An example of a misdemeanor is driving while under a suspended license.
How serious is a disturbing the peace 415 misdemeanor and will it bar you from being hired?
This should not bar you from being hired. It is not a serious misdemeanor. Most jobs will overlook misdemeanors when they are considering candidates.
Is a traffic ticket in Washington a misdemeanor?
It can be, but most traffic tickets are infractions. Misdemeanor tickets are for serious offenses like DUII.
Is a PC 243 B serious?
Depends on state. In California, that's assault on a police officer, so I would say yes but may be misdemeanor/something else other states. To answer your question, in your state-is it a felony?
You were convicted of spousal abuse in California the court imposed 15 days in jail and 3 years formal probation with fines - Is this a serious misdemeanor?
Yes, it is a serious misdemeanor. You are fortunate that you did not receive a felony conviction.
Which is more serious a first or seconde degree misdemeanor?
First degree.
Is violation of penal code 485 in California a felony or misdemeanor?
Whether PC 485 is a felony or a misdemeanor is determined by the value of the loss. Any loss exceeding $400 is a felony while any loss of $400 or less is a misdemeanor.
What word means less serious crimes or minor offenses such as traffic violations?
misdemeanor
