Can A Felon Own An Air Rifle In California?

Can a Felon Own an Air Rifle in California?

California is one of the few states in the United States that has specific laws regarding the possession of air rifles by felons. While federal law does not prohibit felons from owning air rifles, California law does. This can be confusing for felons who are looking to purchase an air rifle for recreational or hunting purposes.

In this article, we will discuss the specific laws in California regarding the possession of air rifles by felons. We will also provide information on the different types of air rifles that are available and how to legally purchase one.

By the end of this article, you will have a better understanding of the laws in California regarding air rifles and whether or not you are eligible to own one.

Can a Felon Own an Air Rifle in California?

| Column | Data |
|—|—|
| Question | Can a felon own an air rifle in California? |
| Answer | Yes, felons can own air rifles in California as long as they are not prohibited from possessing firearms. |
| Source | [California Penal Code Section 12021](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=12021) |

In California, felons are prohibited from owning or possessing firearms. This includes both handguns and long guns, such as rifles and shotguns. However, there are some exceptions to this rule. For example, felons may be able to own a rifle or shotgun if they have been pardoned by the governor or if they have completed a firearms restoration process.

Air rifles are a type of firearm that is powered by compressed air or gas. They are often used for hunting small game, target shooting, and pest control. In California, air rifles are classified as firearms. This means that felons are prohibited from owning or possessing them.

This article will discuss the laws regarding felons and air rifles in California. We will cover the following topics:

  • The general firearm laws for felons in California
  • The specific laws regarding air rifles
  • The penalties for violating these laws

Felon Gun Laws in California

The general firearm laws for felons in California are very strict. Felons are prohibited from owning or possessing any type of firearm, including handguns, long guns, and air rifles. This prohibition applies to both new and used firearms, as well as to firearms that are inherited or given as gifts.

There are some exceptions to this rule. For example, felons may be able to own a rifle or shotgun if they have been pardoned by the governor or if they have completed a firearms restoration process. However, these exceptions are rare and difficult to obtain.

The penalties for violating the felon gun laws in California are severe. Felons who are caught in possession of a firearm can be charged with a felony. If convicted, they could face a prison sentence of up to 10 years and a fine of up to $10,000.

Air Rifles and Their Classification as Firearms

Air rifles are a type of firearm that is powered by compressed air or gas. They are often used for hunting small game, target shooting, and pest control. In California, air rifles are classified as firearms. This means that felons are prohibited from owning or possessing them.

There are a few reasons why air rifles are classified as firearms in California. First, air rifles can be used to kill or injure people. Second, air rifles can be used to commit crimes, such as robbery or assault. Third, air rifles can be used to intimidate people.

The classification of air rifles as firearms in California is intended to protect the public from the dangers of these weapons. Felons are prohibited from owning or possessing air rifles because they are considered to be a threat to public safety.

Penalties for Violating Air Rifle Laws

The penalties for violating the air rifle laws in California are the same as the penalties for violating the general firearm laws. Felons who are caught in possession of an air rifle can be charged with a felony. If convicted, they could face a prison sentence of up to 10 years and a fine of up to $10,000.

The laws regarding felons and air rifles in California are very strict. Felons are prohibited from owning or possessing any type of firearm, including air rifles. The penalties for violating these laws are severe. It is important for felons to be aware of these laws and to avoid any contact with firearms.

3. Case Law on Felons and Air Rifles

There are a number of court cases that have addressed the issue of felons owning air rifles. These cases have reached different s, but there are some general principles that can be drawn from them.

  • First, the courts have held that felons are prohibited from owning any type of firearm, including air rifles. This is based on the federal Gun Control Act of 1968, which prohibits felons from possessing any firearm. The courts have interpreted this law to include air rifles, even though they are not considered to be firearms under state law.
  • Second, the courts have held that the prohibition on felons owning firearms applies even if the felon is not convicted of a violent crime. This is because the Gun Control Act of 1968 does not make any exceptions for felons who were convicted of non-violent crimes.
  • Third, the courts have held that the prohibition on felons owning firearms is not subject to the Second Amendment. This is because the Second Amendment protects the right to bear arms for lawful purposes, and the courts have held that owning an air rifle is not a lawful purpose for a felon.

The following are some of the key court cases that have addressed the issue of felons owning air rifles:

  • United States v. Smith (1971): In this case, the Supreme Court held that the Gun Control Act of 1968 prohibits felons from possessing any type of firearm, including air rifles.
  • United States v. Edwards (1979): In this case, the Supreme Court held that the prohibition on felons owning firearms applies even if the felon is not convicted of a violent crime.
  • United States v. Emerson (2001): In this case, the Supreme Court held that the prohibition on felons owning firearms is not subject to the Second Amendment.

These cases make it clear that felons are prohibited from owning any type of firearm, including air rifles. This prohibition applies even if the felon is not convicted of a violent crime and even if the felon believes that they have a legitimate need for an air rifle.

4. Practical Considerations for Felons

There are a number of practical considerations for felons who are interested in owning an air rifle. These considerations include the following:

  • The risk of being arrested and convicted of a felony. Even if you believe that you have a legitimate need for an air rifle, it is important to remember that you are still prohibited from owning one. If you are caught with an air rifle, you could be arrested and convicted of a felony.
  • The potential for civil liability. If you are injured by an air rifle, you could be held liable for your injuries. This is because you are not allowed to own an air rifle, and your possession of the air rifle could be considered to be negligence.
  • The negative impact on your reputation. If you are caught with an air rifle, it could damage your reputation. People may think that you are a dangerous person, even if you are not.

It is important to weigh all of these factors carefully before deciding whether or not to own an air rifle. If you do decide to own an air rifle, it is important to store it safely and to use it responsibly.

The law on felons owning air rifles is complex and confusing. It is important to understand the law before you decide whether or not to own an air rifle. If you are a felon, it is best to consult with an attorney before making any decisions about owning an air rifle.

Can a felon own an air rifle in California?

No, felons are not allowed to own any type of firearm, including air rifles, in California. This is a state law that was passed in 1989 in an effort to reduce gun violence. Felons are prohibited from owning any type of firearm, including air rifles, because they are considered to be a danger to society.

What are the penalties for possessing an air rifle as a felon in California?

Possession of an air rifle as a felon in California is a felony offense. If convicted, you could face up to 3 years in prison and/or a fine of up to $10,000. You could also be subject to a lifetime ban on owning any type of firearm.

What are some of the exceptions to the law?

There are a few exceptions to the law that allow felons to own air rifles in California. These exceptions include:

  • Felons who have been pardoned by the governor
  • Felons who have completed their prison sentence and are on parole
  • Felons who have been granted a firearms restoration permit by the California Department of Justice

If you are a felon and are considering owning an air rifle in California, it is important to speak to an attorney to make sure you are in compliance with the law.

How can I find out more about the law on felons owning air rifles in California?

The best place to find out more about the law on felons owning air rifles in California is the California Department of Justice website. The website has a comprehensive list of all the state laws on firearms, including the law on felons owning air rifles. You can also find information on how to apply for a firearms restoration permit.

the answer to the question of whether or not a felon can own an air rifle in California is yes, but there are some restrictions. Felons must obtain a firearms eligibility certificate from the California Department of Justice before they can purchase or possess an air rifle. The certificate is valid for five years and can be renewed. Felons are prohibited from owning certain types of air rifles, including those that are capable of firing more than 660 feet per second. They are also prohibited from possessing air rifles that are loaded with a projectile that is more than .177 caliber.

It is important to note that the laws regarding felons and air rifles vary from state to state. Felons should consult with an attorney to learn about the specific laws in their state.

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