When do my Gun Rights get Restricted?

In California, there are various ways in which individuals can lose their 2nd Amendment Right to bear arms under the United States Constitution. One such way is through a lifetime ban on firearm ownership or possession for those convicted of any felony offense. Similarly, individuals convicted of specific crimes, like Domestic Violence or Domestic Battery, even if charged as a misdemeanor, also face a lifetime ban on firearm ownership or possession.

Additionally, certain charges in California result in a 10-year ban exclusively in the state. More details on these charges can be found [here]. It is worth noting that while Domestic Violence and Domestic Battery carry a 10-year ban in California, they result in a lifetime ban at the federal level, even after the expiration of the 10-year period.

Furthermore, civil laws can also impose bans on firearm ownership or possession. These laws do not require criminal convictions but can be enforced based on applicable civil law, such as restraining orders, criminal protective orders, or court findings of insanity or mental disability. These bans expire upon the termination of the order or when the individual is deemed of sound mind (restraining orders can last up to three-five years, while criminal protective orders can last up to ten years).

What can happen if you have a firearm, but are otherwise forbidden from having one?

If you have a felony conviction, you can face charges under PC 29800 and PC 30305, both of which are felony offenses carrying a prison sentence of up to 3 years. These charges cannot be reduced to misdemeanors. On the other hand, if you have a qualifying misdemeanor conviction, you may be charged under PC 29805, which can result in a county jail sentence of up to 1 year or up to 3 years in prison if charged as a felony under this section.

How do I restore my Gun Rights?

If you have been convicted of a “wobbler” offense, which can be charged as either a felony or misdemeanor, and you were not sentenced to State Prison, you have the option to reduce the felony to a misdemeanor charge under PC 17(b). This reduction would mean that, for all intents and purposes, you were convicted of a misdemeanor and can legally own and possess a firearm. However, please note that if there is a 10-year ban associated with the felony charge, you would have to wait until that period is over to obtain a firearm, even if it is reduced to a misdemeanor through a PC 17(b) motion.

For non-wobbler felony convictions that do not involve a firearm offense, you have the option to apply for a certificate of rehabilitation. This certificate serves as evidence to the court that you have rehabilitated and are no longer a threat to society. Once the certificate of rehabilitation is granted, you can then apply for a gun permit. However, if your felony conviction includes a firearm-related crime, such as assault with a firearm, you will need to obtain a governor’s pardon that specifically allows you to own or possess firearms.

In the case of a conviction that carries a 10-year California ban, the only way to restore your Gun Rights is to wait out the full 10-year period.

If I expunge my felony, can I get a firearm?

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. As a result, you can still face charges for being a Felon in Possession of a Firearm under PC 29800 or Possession of Ammunition under PC 30305. To restore your gun rights, you have a few options: reducing the felony to a misdemeanor, waiting for the 10-year ban to expire, or obtaining a Pardon or Certificate of Rehabilitation (depending on the specifics of your case). Take the necessary steps to address your individual situation and restore your Gun Rights accordingly.

Conclusion

Having a prior conviction, especially a felony, can significantly impact your rights, including your right to own or possess firearms. Understanding whether and how you can restore your gun rights is crucial to prevent potential legal issues, including the risk of new charges for illegally possessing a firearm.

It’s essential to recognize that certain criminal convictions, particularly felonies, result in a lifetime ban on firearm possession. This ban doesn’t expire over time, meaning that a conviction from decades ago can still preclude you from legally acquiring or possessing a firearm today. Therefore, exploring legal avenues to reduce felonies, expunge convictions, or otherwise clear your record is not just about addressing past mistakes — it’s about reclaiming your future rights and opportunities.

At Inland Empire Criminal Defense, we specialize in assisting individuals with the restoration of their rights, including gun rights. We understand the complexities of the law and the various relief options that might be available to you. Our team is committed to providing comprehensive guidance and support throughout the restoration process, helping you understand your current status, potential relief avenues, and the steps necessary to pursue restoration.

Whether you’re seeking to expunge a conviction, reduce a felony to a misdemeanor, or explore other forms of relief, we’re here to help. Contact Inland Empire Criminal Defense at 909-939-7126 for further assistance. Located conveniently in Ontario, we are dedicated to offering informed and effective legal assistance to individuals looking to navigate the complexities of restoring their rights and resolving their criminal history.