CA-FSC Prohibited Persons and Restrictions 2 — Questions and Answers
Question 1: A person placed on a 14-day involuntary psychiatric hold (5250 certification) in California faces a firearm prohibition of:
- No prohibition unless convicted of a crime
- 5 years, with the right to petition the court for early relief (Correct answer)
- 10 years automatically
- Lifetime with no possibility of relief
Correct answer: 5 years, with the right to petition the court for early relief
A 5250 hold (14-day certification for intensive treatment) results in a 5-year firearm prohibition, during which the person may petition the superior court for relief.
Question 2: Under the federal Lautenberg Amendment, which California conviction results in a LIFETIME firearm prohibition?
- Simple assault against a stranger
- Misdemeanor domestic violence against an intimate partner (Correct answer)
- A DUI misdemeanor conviction
- Vandalism under $400
Correct answer: Misdemeanor domestic violence against an intimate partner
A misdemeanor conviction for domestic violence against an intimate partner triggers a lifetime federal prohibition under the Lautenberg Amendment.
Question 3: In California, a person found NOT GUILTY by reason of insanity in a criminal trial is subject to what firearm prohibition?
- No prohibition — they were acquitted
- 5-year prohibition
- 10-year prohibition
- Lifetime prohibition (Correct answer)
Correct answer: Lifetime prohibition
A finding of not guilty by reason of insanity results in a lifetime firearm prohibition in California.
Question 4: Carlos is addicted to heroin but has never been convicted of a drug crime. Under California law, he is:
- Allowed to possess firearms since he has no drug conviction
- Prohibited from possessing firearms due to his addiction, regardless of conviction (Correct answer)
- Prohibited for 10 years from the date his addiction began
- Allowed to possess firearms as long as he holds a valid FSC
Correct answer: Prohibited from possessing firearms due to his addiction, regardless of conviction
Both state and federal law prohibit persons who are addicted to controlled substances from possessing firearms, regardless of whether they have been criminally convicted.
Question 5: What is the minimum age to purchase a HANDGUN from a licensed dealer in California?
- 16
- 18
- 21 (Correct answer)
- 25
Correct answer: 21
California law requires a person to be at least 21 years old to purchase a handgun from a licensed dealer.
Question 6: A person subject to a domestic violence restraining order in California that prohibits firearm possession must:
- Register their firearms with law enforcement but may keep them at home
- Surrender or transfer all firearms while the order is in effect (Correct answer)
- Surrender only handguns — long guns are not covered
- Surrender firearms within 30 days of being served the order
Correct answer: Surrender or transfer all firearms while the order is in effect
A person subject to a qualifying domestic violence restraining order must surrender or transfer all firearms while the order remains in effect.
Question 7: Which of the following persons is NOT prohibited from possessing a firearm under California law?
- A person convicted of felony burglary 15 years ago
- A person currently subject to a gun violence restraining order
- A person who received a standard misdemeanor DUI conviction last year (Correct answer)
- A person who was placed on a 5250 hold 3 years ago
Correct answer: A person who received a standard misdemeanor DUI conviction last year
A standard DUI misdemeanor conviction does not automatically trigger a firearm prohibition in California.
CA-FSC Prohibited Persons and Restrictions 2
A person placed on a 14-day involuntary psychiatric hold (5250 certification) in California faces a firearm prohibition of: