23 Oct 26
In California, individuals over 18 with no felony record can legally purchase and own a firearm. However, the state has strict gun laws that dictate how you can use, carry, or store the firearm. You could lose your rights to own a gun through a 10-year or lifetime ban after a criminal conviction for a felony or certain misdemeanors. To enforce the ban, the court may require you to surrender all the firearms that you own to law enforcement.
Some of the offenses that may cause you to lose your gun rights include assault, making criminal threats, and brandishing a firearm. Occasionally, the court can impose a firearm ban on individuals who are mentally incapacitated or have severe drug addiction issues. If the ban imposed against you is not for a lifetime, you could seek a restoration of your gun rights. The process requires you to meet the eligibility criteria and petition the court. Pursuing a petition to revoke your gun rights can be lengthy and complex. Therefore, you will need the insight of a reliable attorney.
California Law on Restoring Your Gun Rights
Even in cases where your firearm ban does not last for a lifetime, the process of restoration is not automatic. You must follow the right process when seeking a restoration. The steps for restoring these rights after a criminal conviction in California include:
Identify the Firearm Prohibition
The first step in restoring these rights is determining why you received a ban. California law creates several types of firearm prohibitions. The length and scope of the restriction may depend on the offense that led to the conviction. Some convictions can lead to a lifetime prohibition on firearm possession. Other offenses attract a prohibition that lasts for a specific period.
California also imposes firearm restrictions based on protective orders and mental health-related findings. You should review the criminal case instead of assuming that every conviction carries the same restriction. Important factors that you can consider during the step include:
- Whether the conviction was a felony or a misdemeanor.
- The specific Penal Code section involved.
- The sentence imposed by the court.
- Whether the court sentenced you to probation as an alternative to incarceration
- Whether the conviction involved a qualifying violent offense.
- Whether any other California laws impose additional prohibitions on firearm possession.
- Whether federal law also prohibits firearm possession
California PC § 29800 prohibits individuals convicted of specified felonies from possessing firearms. Other provisions, such as Penal Code § 29805, address additional categories of firearm restrictions. The sentencing date can also affect your ability to restore your rights. Some prohibitions are temporary and may expire after the applicable period. Others do not automatically disappear over time.
A criminal record may contain more than one conviction. You should review each conviction separately because different offenses can carry different consequences. Expunging or modifying a conviction does not automatically restore your rights to own a firearm. California law treats criminal-record relief and firearm eligibility as separate issues. The goal of this step is to establish which legal restriction applies to your case. In this case, you can determine whether any lawful post-conviction remedy may be available.
Review the Criminal Record
After identifying the possible firearm prohibition, you should review your criminal record carefully. The details of the conviction can determine what legal restrictions apply. Additionally, it can help you identify the post-conviction relief available for your situation. You should not rely solely on a general description of the offense. The exact conviction and sentence matter. Court records can show important information when determining firearm eligibility.
The review should include checking the law you violated and whether you have had multiple violations. In case you were sentenced to probation, you need to assess whether you have successfully done it. Successful completion of the probation is when you have spent the whole period of probation and adhered to the terms. You can get an early termination of your probation in some instances. However, you have to spend a certain period and meet the conditions.
Two individuals could commit the same offense but face different firearm restrictions. In most cases, the circumstances of the violation and case factors can affect the ban. A review of your criminal record can show whether the court changed the initial sentence. Common changes to a criminal case include a reduction of charges, case dismissal, or sentence modification. You should review these changes before determining your current legal status.
You should also consider whether there are separate restrictions outside the original criminal case. For example, a qualifying restraining order may create a different firearm prohibition. Therefore, you may remain prohibited even after addressing the original conviction. When assessing your criminal record, you should also look into the federal law. A state court record does not provide the complete picture of firearm eligibility. Federal restrictions can apply independently of California law.
A careful record review can help identify the correct legal pathway. Also, it can prevent you from assuming that certain forms of post-conviction relief automatically restore firearm rights. When your status is unclear, you should avoid any attempt to purchase or own a firearm.
Determine Whether Post-Conviction Relief Is Available
After reviewing the criminal record, you can determine whether you qualify for any form of post-conviction relief. A firearm ban is one of the collateral consequences you will face after a criminal conviction. Post-conviction relief helps avoid the weight of these consequences. Therefore, you can seek relief when a conviction affects your gun rights. California provides several forms of relief in qualifying cases.
The options available depend on conviction, sentence, and circumstances of the case. Not every person will qualify for every remedy. Possible forms of relief may include:
- Reducing a qualifying felony to a lesser misdemeanor. The court can charge your case as a wobbler. A felony conviction in this case can be reduced. Felony reduction can sometimes change the legal consequences of a conviction. However, the reduction does not automatically restore firearm rights in every case. Other California or federal restrictions may apply.
- Seeking an expungement. Under California PC 1203.4, expunging your criminal record allows the court to dismiss your case after withdrawing the guilty or no contest plea. An expungement does not automatically remove every firearm restriction. The effect of the relief depends on the particular prohibition involved. The court must examine your original conviction before deciding on the right cause of action.
Relief is sometimes achieved through petitions, whereas at other times a different process must be adopted. There are different requirements for different types of relief. In some cases, the court will consider your conduct after a criminal conviction. If you complied with the sentence and completed probation, you will have a better chance at relief.
Changing a criminal record and restoring firearm rights are different legal actions. Therefore, you may obtain post-conviction relief and still face a firearm prohibition. Federal law may also impose a separate restriction. For this reason, the goal should not only be to obtain a dismissal or reduction. With the guidance of a reliable criminal lawyer, you can determine the legal options that strengthen your request for firearm restoration.
Consider a Certificate of Rehabilitation (COR).
Another way you can restore your gun rights under California law is by obtaining a COR. The COR stipulates that you are rehabilitated from any criminal behavior that led to the ban on your right to possess firearms. But a COR does not necessarily mean you are eligible to regain your gun rights. You may be required to seek a pardon from the governor.
The applicable waiting period can also depend on the offense and sentence. When considering a certificate of rehabilitation, the court may examine factors such as:
- Whether the person completed the sentence.
- Whether the person completed probation or parole.
- The amount of time that has passed since the conviction.
- Whether you have complied with the law since the conviction.
- Whether you meet the statutory requirements for rehabilitation
California Penal Code § 4852.01 provides the general statutory framework for petitions for a COR. If you currently reside in California, you can petition the right Superior Court. The process of filing for a COR requires you to show more effort than just the passing of time. You must satisfy the applicable statutory requirements. The court may also consider your conduct and circumstances after the conviction.
A COR can also have benefits beyond the criminal record. In qualifying cases, it can serve as an application for a gubernatorial pardon. However, you must understand its limits. Receiving a certificate does not in itself mean you can legally own a firearm. Therefore, you should review the specific conviction before pursuing this remedy.
Some convictions and circumstances may make you ineligible for the COR. The COR does not eliminate a federal firearm prohibition. When you are seeking a restoration of gun rights, you should not view the certificate as an automatic solution. Instead, it is part of a broader post-conviction process.
Seek a Governor’s Pardon
You may seek a governor’s pardon after a felony conviction, and the felony can be lowered to a lesser misdemeanor. Your chances of receiving this kind of relief are higher if your conviction is a misdemeanor and you have no extensive criminal record. A pardon is distinct from an expungement and a COR. It is executive clemency issued by the governor.
Sometimes it may seek to mitigate certain sentencing consequences. The restoration of certain civil and political rights by way of pardon is provided for in section 4852.17 of the Penal Code. The effect of the pardon will depend on the conviction and the firearm prohibition. If you are to qualify for a gubernatorial pardon, then you must satisfy the following conditions:
- You Have Served Your Sentence
Before applying for a gubernatorial pardon, you must first have served your sentence. This includes satisfying applicable custody, probation, and parole requirements.
- You Have Maintained Good Conduct
Your behavior after the conviction and firearm ban can impact your petition for a governor’s pardon. Your case may be stronger if you have a record of responsible and law-abiding conduct.
- You Can Show a Need for a Pardon
You should explain why you need clemency when petitioning for a governor’s pardon. In this case, you can use employment, professional opportunities, and family obligations to show the need for a fresh start.
Your Pardon Is Consistent With Public Safety
The governor considers whether granting your pardon serves the interests of justice. This helps ensure that your release from the conviction will not affect others’ safety. Some convictions are subject to federal regulations. Therefore, obtaining the pardon does not mean that your right to purchase or possess a firearm is restored.
A governor’s pardon will apply only when the crime that led to the ban occurs in California. If the conviction is from another jurisdiction, you may need to file for relief in that jurisdiction. Also, if your firearm ban resulted from a federal conviction, you will need a pardon from the president for the restoration of your gun rights. If you are unsure of the category that your case falls under, you should speak with a reliable defense attorney for further guidance.
Account for Federal Restrictions
State laws are not the only way you could lose your rights to own a firearm in California. Federal law can impose separate restrictions on firearm possession. Therefore, you may qualify for relief under California law and remain prohibited under federal law. You must note the distinctions between state and federal laws when evaluating whether firearm rights have actually been restored.
A state court order does not automatically remove every federal restriction. The federal court can impose a firearm ban on you depending on the following factors:
- The nature of your criminal conviction
- Whether the conviction qualifies under federal law
- The sentence imposed
- Whether your civil rights were restored
- Whether another federal prohibition applies
Federal law makes it a crime for people convicted of crimes that carry a penalty of more than a year in prison to possess firearms. However, the effect of state post-conviction relief can be legally complex. Whether a conviction continues to trigger a federal prohibition may depend on how federal law treats the particular state-law relief. For this reason, expungement, gubernatorial pardon, and a COR do not automatically restore your rights.
You must examine the legal effect under both California and federal law. The timing of the relief can also matter. You should not assume that filing a petition or application immediately changes your firearm status. You must complete the relevant legal process and wait for the court’s decision. Sometimes, federal firearm restrictions could arise from circumstances other than a criminal conviction. These may include:
- Mental illness issues. If you have a mental health issue, the federal court may restrict your ownership and use of firearms.
- Protective orders. If you are convicted of domestic violence, the court may impose a restraining order against you. Alongside the restraining order, you will be prohibited from possessing a firearm.
- Narcotic addiction. The federal law may impose a firearm ban on individuals with a known narcotic addiction.
Before concluding that firearm possession is lawful, you should verify all the applicable prohibitions. Understanding state and federal rules can prevent a serious mistake. Restoring rights under California law and eliminating a federal firearm prohibition are not the same process. Therefore, you may need to take the right steps for each.
Filing Your Petition
After completing the applicable forms of relief and determining the type of firearm ban you face, you can file a petition for restoration. When submitting the petition, you should attach documents that show that you are rehabilitated. Other documents that you can prepare include the police reports and judgment notices for your case. If you are seeking a restoration for a federal firearm ban, you could file your petition under the Federal Firearm Rights Restoration Program.
Many jurisdictions impose a waiting period for individuals seeking a restoration. Therefore, you should only apply after the specified period has ended. After the court has reviewed the petition and confirmed the evidence you provided, a judge can make a decision. The final step in restoring your gun rights after a conviction is confirming that the ban has been lifted. Submitting a petition does not complete the process.
If you attempt to purchase or use the gun while the restriction is active, you can face additional consequences. If your legal status is unclear, you should consult your criminal defense lawyer.
Find a Competent Criminal Lawyer Near Me
There are various reasons state or federal courts may restrict your gun rights. The factors that may affect your gun ownership rights include convictions of certain crimes, mental illness, and addiction. If your gun rights are restricted for a criminal conviction, there are various legal actions you will have to take for your gun rights to be restored. The process starts by determining which firearm prohibition applies to your conviction. You then need to review your criminal record and determine whether post-conviction relief is available.
In some cases, a certificate of rehabilitation or gubernatorial pardon may be part of the process. California law is not the only consideration you should factor in. Federal restrictions can continue to apply even after you have received state-level relief. Therefore, you should confirm that the applicable prohibition has been removed before possessing a firearm.
If you are unsure about your eligibility to restore your gun rights, you should speak to an attorney. At Leah Legal, we offer reliable services for our clients in Van Nuys, CA. Call us today at 818-484-1100 to review your record and discuss your legal options.
