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prohibited possessor Laws Law Intelligence Hub

243 Records • Page 1 of 7
Alabama prohibited possessor handgun and long gun Restrictive

AL1023 — dvro

Citation: Ala. Code § 13A-11-72(a)

No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, violent offense as listed in Section 12-25-32(14), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall own a pistol firearm or have one in his or her possession or under his or her control.

Effective: 2015-06-04
Alabama prohibited possessor handgun and long gun Restrictive

AL1024 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Ala.Code 1975 § 13A-11-72

(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, violent offense as listed in Section 12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall own a firearm or have one in his or her possession or under his or her control.

Effective: 2015-09-01
Alabama prohibited possessor handgun and long gun Restrictive

AL1025 — mental health : committed to mh facility

Citation: Ala.Code 1975 § 13A-11-72

(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, violent offense as listed in Section 12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall own a firearm or have one in his or her possession or under his or her control.

Effective: 2015-09-01
Alabama prohibited possessor handgun and long gun Restrictive

AL1050 — violent misdemeanor

Citation: Ala. Code §§ 13A-11-72(a), 13A-11-70, 13A-4-2(d)(4)

“(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, violent offense as listed in Section 12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall own a firearm or have one in his or her possession or under his or her control.

Effective: 2015-09-03
Alabama prohibited possessor handgun Restrictive

AL1051 — violent misdemeanor limited

Citation: Ala. Code §§ 13A-11-72(a)

(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.

Effective: 1975-01-01 Superseded: 2015-09-03
Alaska prohibited possessor handgun and long gun Restrictive

AK1057 — mental health : committed to mh facility

Citation: Alaska Stat. § 47.30.907

(a) Notwithstanding AS 47.30.845, when a superior court orders the involuntary commitment of a person under AS 47.30.735--47.30.755 or when relief from a disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence is granted under AS 47.30.851(b), the court shall immediately transmit the following information, if known, to the Department of Public Safety: (1) the...

Effective: 2014-10-08
Alaska prohibited possessor handgun and long gun Restrictive

AK1023 — dvro : expanded

Citation: Alaska Stat. §§ 18.66.990(5); 18.66.100(c)(7)

18.66.990(5): “household member” includes: (C) adults or minors who are dating or who have dated; (D) adults or minors who are engaged in or who have engaged in a sexual relationship.

Effective: 1996-07-01
Arizona prohibited possessor handgun and long gun Restrictive

AZ1031 — mental health : committed to mh facility

Citation: A.R.S. §§ 13-3101, 13-3102

A.R.S. § 13-3101 “ “Prohibited possessor” means any person: (f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent. (g) Who is found guilty except insane. A.R.S. § 3102: A person commits misconduct involving weapons by knowingly: 4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor

Effective: 2014-12-31
Arizona prohibited possessor handgun and long gun Restrictive

AZ1029 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: A.R.S. §§ 13-3101, 13-3102 (2009)

“Prohibited possessor” means any person: (a) has been found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36-540, and whose court ordered treatment has not been terminated by court order right to possess a firearm has not been restored pursuant to section 13-924. A.R.S.

Effective: 2009-07-13
Arizona prohibited possessor handgun and long gun Restrictive

AZ1030 — dvro ex parte : expanded

Citation: Ariz. Rev. Stat. § 13-3601

“Domestic violence” means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:...

Effective: 2009-09-01
Arizona prohibited possessor handgun and long gun Restrictive

AZ1060 — dvro ex parte

Citation: Ariz. Rev. Stat. § 13-3624(C),(D)

§ 13-3624. Emergency orders of protection … C. The judge, justice of the peace, magistrate or commissioner who is authorized to issue emergency orders of protection may issue a written or oral ex parte emergency order of protection if a peace officer states that the officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence based on an allegation of a recent...

Effective: 1997-07-21
Arizona prohibited possessor handgun and long gun Restrictive

AZ1027 — dvro

Citation: Ariz. Rev. Stat. § 13-3602(G)(4)

If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order.

Effective: 1996-04-03 Superseded: 2009-09-01
Arizona prohibited possessor handgun and long gun Restrictive

AZ1026 — mental health : committed to mh facility : outpatient

Citation: A.R.S. §§ 13-3101, 13-3102; 36-540

A.R.S. § 13-3101“Prohibited possessor” means any person: (a) Who has been found to constitute a danger to himself or to others pursuant to court orders under the provisions of 36-540 and whose court ordered treatment has not been terminated by court order. A.R.S. § 3102: A person commits misconduct involving weapons by knowingly: 4.

Effective: 1983-07-24
Arizona prohibited possessor handgun and long gun Restrictive

AZ1025 — mental health : committed to mh facility

Citation: A.R.S. §§ 13-3101, 13-3102 (1978)

A.R.S. § 13-3101“Prohibited possessor” means any person: (a) Who has been found to constitute a danger to himself or to others pursuant to court orders under the provisions of 36-540 and whose court ordered treatment has not been terminated by court order. A.R.S. §36-540A.

Effective: 1978-10-01 Superseded: 1983-07-24
Arkansas prohibited possessor handgun and long gun Restrictive

AR1020 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: AR ST § 5-73-103

(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (2) Adjudicated mentally ill;

Effective: 1976-01-01
Arkansas prohibited possessor handgun and long gun Restrictive

AR1021 — mental health : committed to mh facility

Citation: AR ST § 5-73-103

(a) Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been: (3) Committed involuntarily to any...

Effective: 1976-01-01
California prohibited possessor handgun and long gun Restrictive

CA1062 — dvro

Citation: Cal.Penal Code § 1524

Beginning January 1, 2016, the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of a person who is the subject of a gun violence restraining order that has been issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6, if a prohibited firearm or ammunition or both is possessed, owned, in the custody...

Effective: 2016-01-01
California prohibited possessor handgun and long gun Restrictive

CA1064 — erpo : expanded

Citation: Cal. Penal Code § 18150

(a) (1) An immediate family member of a person or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.

Effective: 2016-01-01
California prohibited possessor handgun and long gun Restrictive

CA1065 — erpo : ex parte expanded

Citation: Cal. Penal Code § 18150

§ 18150. Petition; Grounds for issuance; Supporting affidavit; Issuance or denial on same day petition filed. (a) (1) An immediate family member of a person or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm...

Effective: 2016-01-01
California prohibited possessor handgun and long gun Restrictive

CA1060 — dvro : expanded

Citation: Cal. Fam. Code § 6389

If no request is made by a law enforcement officer, the relinquishment must occur within 24 hours of being served the order, either by surrender to a law enforcement officer or sale to a licensed gun dealer.

Effective: 2013-01-01
California prohibited possessor handgun and long gun Restrictive

CA1116 — violent misdemeanor

Citation: Cal. Penal Code § 29805(a)

(a)(1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5,...

Effective: 2012-01-01
California prohibited possessor handgun and long gun Restrictive

CA1059 — dvro : expanded

Citation: Cal.Penal Code § 29825(b), (d); Cal. Fam. Code § 6211

29825(b): Every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of this code, or a protective order issued pursuant to...

Effective: 2004-01-01 Superseded: 2013-01-01
California prohibited possessor handgun and long gun Restrictive

CA1058 — dvro ex parte : expanded

Citation: Cal. Fam. Code § 6210

“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.

Effective: 2002-01-01
California prohibited possessor handgun and long gun Restrictive

CA1057 — dvro ex parte

Citation: Cal. Fam. Code §§ 6218, 6389, 6210

Sec. 6218: “Protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment: (a) An order described in Section 6320 enjoining specific acts of abuse. (b) An order described in Section 6321 excluding a person from a dwelling (c) An order described in Section 6322 enjoining other specified behavior. Sec.

Effective: 1994-01-01 Superseded: 2002-01-01
California prohibited possessor handgun and long gun Restrictive

CA1056 — mental health : committed to mh facility

Citation: Cal.Welf. & Inst.Code § 8103

(f)(1)No person who has been (A) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (B) assessed within the meaning of Section 5151, and (C) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall own, possess, control, receive, or purchase, or attempt to own,...

Effective: 1991-01-01
California prohibited possessor handgun and long gun Restrictive

CA1117 — violent misdemeanor

Citation: Cal. Penal Code § 12021 (c)

(c)(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section...

Effective: 1990-03-05 Superseded: 2012-01-01
California prohibited possessor handgun and long gun Restrictive

CA1054 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Cal.Welf. & Inst.Code § 8103(e)(1)

A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while...

Effective: 1985-01-01
California prohibited possessor handgun and long gun Restrictive

CA1055 — mental health : committed to mh facility

Citation: Cal.Welf. & Inst.Code § 8103

(b) A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of [enumerated felonies] shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.

Effective: 1985-01-01 Superseded: 1991-01-01
California prohibited possessor handgun and long gun Restrictive

CA1052 — mental health : committed to mh facility : voluntary

Citation: Cal.Welf. & Inst.Code § 8100

A person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon, if on or after January 1, 1992, he or she has been admitted to a facility and is receiving inpatient treatment and, in the opinion of the attending health professional who is primarily responsible for the patient's...

Effective: 1969-07-01
California prohibited possessor handgun and long gun Restrictive

CA1053 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Cal.Welf. & Inst.Code § 8103

A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness...shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon.

Effective: 1969-07-01 Superseded: 1985-01-01
Colorado prohibited possessor handgun and long gun Restrictive

CO1077 — erpo : expanded

Citation: CO § 13-14.5-104

Petition for extreme risk protection order. (1)(a) A petition for an extreme risk protection order may be filed by a family or household member of the respondent, a community member, or a law enforcement officer or agency. If the petition is filed by a law enforcement officer or agency, a county or city attorney shall represent the officer or agency in any judicial proceeding upon request.

Effective: 2023-04-28
Colorado prohibited possessor handgun and long gun Restrictive

CO1080 — violent misdemeanor limited

Citation: Colo. Rev. Stat. § 24-33.5-424 (b.3)

In addition to the grounds for denial specified in subsections (3)(a) and (3)(b) of this section, the bureau shall deny a transfer of a firearm if the prospective transferee has been convicted of any of the following offenses committed on or after June 19, 2021, if the offense is classified as a misdemeanor, or if the prospective transferee has been convicted in another state or jurisdiction, including a military or...

Effective: 2023-08-07
Colorado prohibited possessor handgun and long gun Restrictive

CO1038 — erpo : ex parte expanded

Citation: CO § 13-14.5-103

Temporary extreme risk protection orders. (1) A family or household member of the respondent or a law enforcement officer or agency may request a temporary extreme risk protection order without notice to the respondent by including in the petition for an extreme risk protection order an affidavit, signed under oath and penalty of perjury, supporting the issuance of a temporary extreme risk protection order that sets...

Effective: 2020-01-01
Colorado prohibited possessor handgun and long gun Restrictive

CO1037 — erpo : expanded

Citation: CO § 13-14.5-104

§ 13-14.5-104. Petition for extreme risk protection order. (1) A petition for an extreme risk protection order may be filed by a family or household member of the respondent or a law enforcement officer or agency. If the petition is filed by a law enforcement officer or agency, the officer or agency shall be represented in any judicial proceeding by a county or city attorney upon request.

Effective: 2019-01-12
Colorado prohibited possessor handgun and long gun Restrictive

CO1033 — dvro ex parte

Citation: Colo. Rev. Stat. §§ 13-14-105.5(11); 13-14-104.5(4)

§ 13-14-105.5(11): A person subject to a civil protection order issued pursuant to section § 13-14-104.5(1)(a) who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the order pursuant to section 18-6-803.5(1)(c), C.R.S.

Effective: 2013-05-14
Colorado prohibited possessor handgun and long gun Restrictive

CO1034 — dvro

Citation: Colo. Rev. Stat. § 13-14-105.5(1)

If the court subjects a person to a civil protection order pursuant to a provision of this article and the protection order qualifies as an order described in 18 U.S.C. sec.

Effective: 2013-05-14