Am I legally allowed to own a gun?

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  • By Firearms Unknown
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Am I legally allowed to own a gun?

If you are thinking of buying a gun, and you are worried that you may not be qualified, read this first.

There are many issues that can happen in life which can cause the government to prohibit a person from purchasing, receiving, owning and possessing a firearm.    

These items include but are not limited to all felony convictions, certain misdemeanor firearms convictions, misdemeanor domestic violence convictions, a civil restraining order such as an active temporary restraining order (TRO) or a time restricted restraining order.    

Most people think that one must have a criminal past to be prevented from gun ownership but as illustrated with the implementation of a civil order, one can have his/her Second Amendment rights stripped away through the civil process.   

Something else to be noted is that if one takes a plea deal in criminal case, you are accepting a conviction of the crime stated in the deal.   

Thus, if one takes a plea deal for a crime that requires the person’s Second Amendment rights to be stripped away, it is likely that person is prohibited from owning firearms.   

Additionally, it is possible to take a deal with the state that limits your rights for a period of time on the state level but that permanently strips a person of their rights federally under 18 U.S.C. § 922(g)(8).  This is the case with certain domestic violence crimes.  

With the recent influx of new gun buyers, we have noticed a lot of people coming into the store(s) who are unsure of their status to own a firearm. These people tend to incorrectly assume that as a gun store we can run a back ground check to determine if he/she is in prohibitive status or not.   

As a matter of policy we instruct customers to contact the California Department of Justice (CADOJ) and submit a personal firearms eligibility check to determine whether or not he/she is able to purchase a firearm. 

From the CADOJ website:

What is a Personal Firearms Eligibility Check?

    • Pursuant to California Penal Code section 30105, an individual may request that the Department of Justice perform a firearms eligibility check on that individual. Authorized state records shall be examined to determine if the individual is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

What information is required for a Personal Firearms Eligibility Check (PFEC)?

    • You must submit a completed PFEC application, pdf, a copy of your California Driver’s License or Identification Card, and fees in the amount of $20. The application must be signed and notarized, and include an impression of your right thumbprint. If you are a non-U.S. citizen, you must also submit a copy of your Alien Registration or I-94 Card.


We do this because if an individual in prohibitive status fills out the 4473 and attempts to purchase a firearm while in prohibitive status, they risk being charged with a separate crime. It is a federal crime to knowingly lie on the 4473 but the CA Penal code allows DA’s to charge people under the states attempt statute who attempt to purchase a firearm while in prohibited status.  

That’s right, you read this correctly, you can be charged with an entirely new crime if you are in prohibitive status and attempt to purchase a firearm.  


See CA penal codes:

Attempt statute: PC664

Felon in possession of a firearm: PC29800

Misdemeanor crimes that can keep an individual from owning firearms: PC 29805

PC 29815 is the statute that establishes it is unlawful for a person to possess a firearm if such a restriction is placed on them as conditions of his/her probation.  


Relevant Federal Laws: 

18 USC § 924 covers lying on the 4473

18 U.S.C. § 922(g)(8) requires a lifetime ban on owning firearms if having committed a misdemeanor crime of domestic violence on a spouse.  


  1. No thanks No thanks

    I disagree with you Steven.

    Believing that there are some who still should be barred from gun ownership, even though they are free men, is asinine. It's boomer tier logic like that that lost most of our rights in the first place.

    If a man is free, he is free to defend himself anyway he wishes, in spite of you agreeing that there is some instance that some should not have that right.

    Get your heads out of your asses boomers. It says "Shall not" for a damn reason. And I'm tired of you selling the rest of us out.

    I'll own what I like, when I like.
    As should you.

  2. Steven Cheek Steven Cheek

    I BELIEVE that prohibiting some people from being PERMITTED to OWN a firearm is necessary HOWEVER, THERE ARE SOME PEOPLE THAT HAVE ACTUALLY CHANGED. And Prohibiting such people from the Ability TO PROTECT THEMSELVES AND THEIR FAMILIES IS IMMORAL.
    I AM ONE OF THOSE PEOPLE. I have been Absolutely clean and have had No police contact in OVER TWENTY YEARS. Changed my life, am a Different person.
    I am FORCED to OWN 80% 'G' style weapons.
    And I REALLY Do NOT feel good being outside the Law.
    The 2nd Amendment Guarantees me the right to keep and bear arms, PERIOD.

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