Whiskey Creek Solutions

Personal Firearm Instruction

General Information

DOJ Personal Information Leak

On June 27th, 2022, the Department of Justice (DOJ) updated its online Firearms Dashboard Portal, which led to the disclosure of personal information of Concealed Carry Weapon (CCW) applicants and licensees. DOJ reported that the personal information on CCW applicants who were either granted or denied a permit between 2011 and 2021 was released without authorization.

According to the DOJ, the personal information exposed included names, date of birth(s), gender, race, driver’s license number(s), addresses, and criminal histories. DOJ reported that social security numbers and financial information were not disclosed as the result of the unauthorized release of CCW applicants’ information. The information is no longer accessible via the portal and Attorney General Rob Bonta reportedly launched an investigation. [1]

CCW Applicants that were impacted by this event will be contacted by DOJ officials according to their media release dated June 29th, 2022. As a result of this data exposure, DOJ reported their agency will provide credit monitoring services for individuals that had personal information exposed. [1]

If you believe your personal information was exposed during this event, or, from the result of any other action, consider monitoring your credit report. Identity Theft can also be prevented by placing a credit freeze on your credit report. A credit freeze can help prevent thieves from opening credit accounts in your name. The three major credit bureaus Equifax, Experian, and TransUnion can provide more information about that process. If you are a victim of Identity Theft, contact your local law enforcement agency to report fraudulent activity. The Federal Trade Commission also has resources to help people report identity theft and can assist with a “recovery plan.” [2]

The unlawful possession or use of another person’s personal information can be a criminal violation; therefore, report Identity Theft and suspected fraudulent activity to your local law enforcement agency. [3]

The Shasta County Sheriff’s Office will monitor the investigation launched by the Attorney General and provide updates as information becomes available. Sheriff’s Office personnel are frustrated by the security breach and the potential impacts on our residents and lawful gun owners.

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300 Park Marina Circle – Redding, CA 96001-1679 – Phone (530) 245-6000 – Fax (530) 245-6054

Sources:
1. State of California, Department of Justice, Online Publication. https://oag.ca.gov/news/press-

releases/california-department-justice-alerts-individuals-impacted-exposure-personal 2. Federal Trade Commission, IdentityTheft.gov. https://www.identitytheft.gov/#/
3. California Penal Code Section 530.5(a), False Personation.
Case# N/A

Contact: Captain Gene Randall, Services Division Phone: (530) 245-6025
Date: June 30, 2022

Original PDF File from Shasta County Sheriffs Office

Are ghost guns legal in California?

People who assemble their own guns in California have to apply for a serial number to affix to the gun. Otherwise, it is still legal to buy gun parts and assemble them without a background check. However, federal law may soon require that gun parts have their own serial numbers, and for people to have to pass background checks in order to purchase gun parts.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

What are some California offenses that involve firearms?

There are several California crimes that involve firearms. In addition to the ones mentioned above, some others include:

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

How can I restore gun rights after a criminal conviction?

As stated above (Section 1.1), felony convictions and convictions of certain misdemeanors result in a person losing his/her right to:

  • own a gun,
  • buy a gun, and
  • possess a gun.

These people must relinquish their gun(s) following a conviction.

A felony conviction means a person will lose his/her gun rights for life.

Similarly, a few weapon-related misdemeanor convictions can subject a person to a lifetime ban on guns.

In addition, about 40 misdemeanors carry a 10-year firearms ban.  Some of these include:

Despite these rules, many people convicted of a crime can try to restore his/her gun rights. This can be done by:

  1. having a “wobbler” felony reduced to a misdemeanor, or
  2. receiving a pardon from the California governor.

Reducing a felony to a misdemeanor means that a person will not face a lifetime ban on guns (because the felony conviction is reduced).

As to a pardon, a person must apply directly to the governor for a pardon if:

  • he/she lives outside California, or
  • he/she was convicted of certain misdemeanor sex offenses.

Otherwise, obtaining a pardon is a two-step process. A person must:

  1. petition the superior court for a California Certificate of Rehabilitation, and
  2. if the petition is granted, it automatically becomes a petition for a pardon from the California Governor.

Note that California’s Governor has complete discretion to grant or deny pardon requests.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/ 

What are the rules on ammunition and gun accessories?

In addition to addressing firearms, California’s gun laws impose rules and restrictions on the following:

  1. large capacity magazines,
  2. armor-piercing magazines,
  3. silencers,
  4. stun guns,
  5. laser scopes and laser pointers.

1. Large capacity magazines

As mentioned above (Section 6), large-capacity magazines are now legal in California. “Large-capacity magazines” are those that can generally hold 10 rounds of ammunition or more.

2. Armor-piercing ammunition

Penal Code 30315 PC is the California statute that makes it a crime for a person to possess armor-piercing ammunition.

“Armor-piercing” bullets are those designed to penetrate ballistic armor and protective shields, which are intended to deflect conventional bullets.

Possession of armor-piercing ammunition is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by up to one year in county jail.

A felony conviction can lead to custody in county jail for up to three years.

3. Silencers

Per California Penal Code 33410 PC, it is a crime for a person to possess a silencer.

A violation of this statute is charged as a felony. The offense is punishable by:

  • custody in county jail for up to three years, and/or
  • a fine not to exceed $10,000.122

4. Stun guns

It is legal in California for most people to own a stun gun.

However, Penal Code 22610 PC makes it illegal for certain people to buy, use, or possess a stun gun. These people include:

  1. anyone convicted of a felony, any crime involving assault, or any crime involving the misuse of a stun gun under PC 244.5,
  2. narcotic addicts, and
  3. minors, unless he/she is at least 16 years of age and has the written consent of his/her parent or legal guardian.

The first violation of Penal Code 22610 is a public offense punishable by a $50 fine.

Subsequent violations are treated as misdemeanors, punishable by:

  • up to one year in county jail, and/or
  • a maximum $1,000 fine.

5. Laser scopes and laser pointers

Penal Code 417.25 PC is the California statute that makes it a crime for a person to point a laser scope, or a laser pointer, at another person in a threatening manner.

Note that “threatening manner,” means that the pointing of the scope or laser instills fear of bodily harm in the other person.

A “laser scope” is a portable battery-powered device that can be attached to a gun and can project a laser light onto objects.

A “laser pointer” is a hand-held laser beam device that emits a single point of light, which can be seen by the human eye.

A violation of PC 417.25 is charged as a misdemeanor in California. The crime is punishable by imprisonment in county jail for up to 30 days.

Note that in lieu of jail time, a judge may impose misdemeanor (or summary) probation.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/