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May 11 2022

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:

  • stalking, per Penal Code 646.9 PC,
  • battery, per Penal Code 242 PC,
  • brandishing a weapon, per Penal Code 417, and
  • making criminal threats, per Penal Code 422 PC.

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/ 

Written by Whiskey Creek Solutions · Categorized: General Information · Tagged: restore gun rights

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