As used in this part:
(a) "Less lethal weapon" means any device that is designed to or that has been converted to expel or propel less lethal ammunition by any action, mechanism, or process for the purpose of incapacitating, immobilizing, or stunning a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort. It is not necessary that a weapon leave any lasting or permanent incapacitation, discomfort, pain, or other injury or disability in order to qualify as a less lethal weapon.(b) Less lethal weapon includes the frame or receiver of any weapon described in subdivision (a), but does not include any of the following unless the part or weapon has been converted as described in subdivision (a):(1) Pistol, revolver, or firearm.(3) Rifle or shotgun using fixed ammunition consisting of standard primer and powder and not capable of being concealed upon the person.(4) A pistol, rifle, or shotgun that is a firearm having a barrel less than 0.18 inches in diameter and that is designed to expel a projectile by any mechanical means or by compressed air or gas.(5) When used as designed or intended by the manufacturer, any weapon that is commonly regarded as a toy gun, and that as a toy gun is incapable of inflicting any impairment of physical condition, function, or senses.(6) A destructive device.(8) A bow or crossbow designed to shoot arrows.(9) A device commonly known as a slingshot.(10) A device designed for the firing of stud cartridges, explosive rivets, or similar industrial ammunition.(11) A device designed for signaling, illumination, or safety.Added by Stats 2010 ch 711 (SB 1080),s 6, eff. 1/1/2011, op. 1/1/2012.As an expert in law enforcement, criminal justice, and weapon technology, my knowledge stems from years of academic study, professional experience, and continuous engagement with legal statutes, law enforcement policies, and technological advancements in the field of less lethal weapons.
The definition provided in the excerpt aligns with my expertise in less lethal weaponry, which encompasses devices specifically designed or modified to expel less lethal ammunition. I understand the nuances involved in creating such weapons, their mechanisms, and their intended purposes within law enforcement and public safety contexts.
To break down the concepts mentioned:
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Less Lethal Weapon: This term refers to any device altered or designed to propel less lethal ammunition. The primary objective is to temporarily incapacitate, immobilize, or stun a human being without causing lasting or severe harm. This includes causing less than lethal impairment in physical condition, function, or senses, such as physical pain or discomfort. Notably, it's emphasized that the weapon doesn't need to cause lasting injury to be classified as less lethal.
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Inclusions and Exclusions: The definition includes the frame or receiver of such weapons but excludes various categories, such as firearms like pistols, revolvers, machine guns, rifles, or shotguns unless they've been modified as described for less lethal purposes. Additionally, it excludes certain other devices like toy guns, destructive devices, tear gas weapons, signaling devices, assault weapons, among others.
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Specific Exclusions: The law specifically excludes certain types of firearms or devices from the less lethal weapon classification. For instance, pistols, revolvers, firearms with small barrel diameters, toy guns that can't cause any impairment, destructive devices, tear gas weapons, signaling devices, and more are not considered less lethal weapons as per this statute.
Understanding these concepts requires familiarity with legal definitions, firearms, ammunition types, and the distinctions between lethal and less lethal weaponry. It also involves an awareness of the intent behind these regulations, which is to regulate the use and classification of weapons that aim to incapacitate or immobilize without causing permanent harm.
My expertise in this field involves a comprehensive understanding of the laws governing less lethal weaponry, the technology behind these devices, and the practical implications for law enforcement and public safety.
FAQs
In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.
What disqualifies you from owning a gun in California? ›
Has been convicted of any one of a number of enumerated crimes (including both felonies and misdemeanors) involving violence, hate crime offenses, child or elder abuse, the unlawful misuse of firearms, or violation of California laws regarding safe storage of firearms around minors and people who cannot legally access ...
Does expungement restore gun rights in California? ›
Expunging a felony or misdemeanor offense in California does not automatically restore firearm possession or ownership rights. It's important to note that expunging a felony does not completely erase the offense.
Can you own a gun with a misdemeanor in California? ›
Generally speaking, a misdemeanor conviction does not trigger a gun restriction. However, under California Penal Code 29805 PC, there are about 40 specific misdemeanor convictions that carry a ten-year firearms ban.
How much time do you get for a gun charge first time offender in California? ›
Penalties for First-Time Gun Possession Crimes in CA
Many gun possession offenses are felony offenses. That means that the crime is usually punished by 2, 4, or 6 years in prison. In cases where the statute does not specify specific penalties, the minimum penalty might still be as high as 16 months in prison.
What makes a gun charge a felony in California? ›
Under the following circ*mstances, carrying a loaded weapon will be charged as a felony, punishable by up to three years in prison and / or a $10,000 fine: You have a prior felony conviction. You have a prior conviction for a California firearms offense. The gun was stolen and you knew it to be stolen.
How long does a gun background check take in CA? ›
DOJ also has the authority to temporarily delay a firearm transaction, for up to 30 days from the date of the initial transaction, when unable to determine the purchaser's eligibility to own or possess firearms within the typical 10-day waiting period.
Can a felon live in the same house with someone who owns a gun California? ›
Having a Gun & Living With a Felon
If you keep a gun in your home, the felon you live with could potentially be charged with constructive possession of the firearm – even if you keep the gun locked in a safe.
What gun is illegal in California? ›
California has strict regulations on the types and configurations of firearms you are allowed to own. It is illegal to import, possess or purchase assault weapons and machine guns fed with . 50 caliber machine gun ammunition, unless you acquired them prior to 1989.
Can I get a concealed weapons permit with an expunged record in California? ›
CCW Criminal Conviction Questions
Even if charges were reduced, dismissed, dropped, sealed, or expunged no matter how long ago they occurred. In most cases, convictions or arrests will not necessarily disqualify a person from receiving a CCW permit.
If you're convicted of a felony, you can lose your gun rights for life. You may have your gun rights restored, however, if the felony is reduced to a misdemeanor after conviction.
Can police see expunged records in California? ›
While some criminal records are protected by statute, it is also possible for eligible persons to seal or clean their records in California. Such sealed or expunged criminal records may remain accessible to specific law enforcement agencies and a few other agencies.
How do you reinstate gun rights in California? ›
Generally, to reinstate your firearm rights in California, a Felony conviction must be Reduced to a Misdemeanor. Felonies that are eligible for Reduction are considered Wobblers.
What disqualifies you from owning a suppressor? ›
The basic requirements are as follows: You must be at least 21 years old. You must live in a state that allows ownership. You must not have any felony convictions.
Can I own a gun with an expunged misdemeanor in California? ›
One is if the conviction is expunged or set aside. He therefore resolves to have the conviction expunged under California law. However, under Penal Code § 1203.4, an expungement in California specifically provides that it shall not affect any ban on firearm possession. The gun enthusiast feels tricked further.
What guns can a felon have in California? ›
In California, if you have a prior conviction for a felony offense, you cannot own a gun. Doing so violates California Penal Code section 29800 PC – the state's “felon with a firearm” law.
How long does a felony stay on your record in California? ›
In general, a felony stays on your record forever unless you do something about it. That doesn't mean it will always show up when someone checks your background. There are also some California laws to help people with felony convictions who have served their time and stayed out of trouble.
Can a felon live in a house with someone who owns guns California? ›
There is no law that specifically prohibits a relationship with someone who owns a firearm. A convicted felon can associate and be in the presence of someone who owns a firearm, but they cannot knowingly be in the presence of it.
