Restoring Your Gun Rights in California
California Gun Restrictions
The Second Amendment right to bear arms is a Constitutional right that many Americans hold dearly. There are a number of ways your right to own a gun in California may be taken from you.
Your gun rights can be taken away in California for any of the following:
- Having a felony conviction;
- Having misdemeanor convictions of certain domestic violence;
- Commitments for mental illnesses;
- Certain weapons-related convictions under California law; and
- Having restraining orders.
While these restrictions on gun ownership make a lot of sense in many situations, they can be overly-broad and take away fundamental constitutional rights from many otherwise law abiding Americans that pose no threat to society.
Fortunately, these restrictions on gun ownership are not absolute, and in many instances our law firm can help restore your right to own a gun. In the case of restraining orders, your right to own a gun is restored once the restraining order is lifted. For those committed to a mental institution, gun rights are taken away for five years, but a petition can be filed to terminate the five year restriction in many cases.
California Felony Convictions and Reductions
A felony conviction is much different, as it results in the loss of gun rights for life. However, if the felony conviction was for a crime which is considered a “wobbler,” or certain California crimes which may be charged as either a misdemeanor or felony, our law firm can often obtain a felony reduction and expungement which will typically restore your right to own a gun.
For more information on “wobblers” and “felony reductions” please see our page on California Felony Reductions. The list of offenses that are considered “wobblers” is quite extensive, and includes many serious crimes—to check and see if your offense is on this list of “wobblers” please see our list of “wobbler” offenses.
Misdemeanor Convictions Resulting in Loss of Gun Rights in California
It’s not only felonies that can take away your right to possess a firearm. Certain misdemeanor convictions relating to domestic violence and weapons charges can result in the loss of your right to possess a gun.
Conviction on certain misdemeanors can result to loss of firearms rights for ten years from the date of conviction. Expungement does not restore these rights. These convictions include:
- Misdemeanors that are violent such as battery or assault;
- Misdemeanors involving use of firearm or a deadly weapon;
- Terrorist threats and stalking; and
- Domestic violence offenses.
It is important to note that a conviction for a misdemeanor crime of domestic violence results in a lifetime ban on firearm ownership according to federal law. The controversial Lautenberg Amendment to the federal Gun Control Act imposes this lifetime ban.
Restoration of CA Gun Rights
If you have lost your gun rights, it is possible to have them restored in California. Convictions for certain violent and weapons related misdemeanors result in California taking away your firearm rights for a period of ten years. Unfortunately, expungement will not restore your ability to own a firearm in these circumstances, and the ten year waiting period begins on the date of conviction. The two options for firearm right restoration are:
- Obtaining a reduction of a felony wobbler conviction; or
- A pardon from the California Governor.
Related content: Getting Gun Rights Back in California
The Federal Gun Control Act
Note that for misdemeanor domestic violence convictions, California may take away your right to own a gun for ten years, beginning on the date of conviction. However, the Federal Gun Control Act may impose a lifetime ban on your ability to own a gun.
California expungements will not affect firearm bans resulting from this federal law, which can be somewhat complex to interpret. Due to this complexity, if you have questions relating to restoring your right to own a gun based on any of the above circumstances, it is best to contact an attorney to discuss your options.
Take our free & confidential firearm rights eligibility test
If you were convicted of a California felony which does not qualify for reduction and expungement, you may be able to apply for a pardon from the Governor of California. This typically involves first filing a petition for a California Certificate of Rehabilitation (see more below) with the superior court of your county of residence. If you are granted a Certificate of Rehabilitation, an application for pardon is automatically sent to the Governor of California. In the end, the decision to grant your request for a pardon us ultimately in the hands of the Governor.
There are three ways to be eligible to apply for a Certificate of Rehabilitation, each with their own set of requirements, which include:
- You were convicted of a felony after May 13, 1943 and were sentenced to prison.
- You were convicted of a felony or misdemeanor sex offense specified in PC 290 that was eventually dismissed under PC 1203.4.
- You were convicted of a felony and served a prison sentence for which you were discharged from or released on parole prior to May 13, 1943.
51 thoughts on “How to Restore Firearm Rights in California”
What are the chances of abstaining a pardon when convicted of a felony going to prison and getting out on good behavior also discharging parole early for good behavior?
Alexander, Please give us a call today at 844-947-3732 to discuss this with one of our agents. You can also take our free, secure, confidential eligibility test by clicking this link: http://220.127.116.11/wordpress/eligibility-test
I have a terrorist threats conviction in 1998 felony. 16 month term . can i get a firearm? California. If so how ? Before this i was a avid hunter & outdoorsman. Would love to teach my kids how to provided for them selfs.
Dennis, we can look into this for you. Please give us a call Monday-Friday at 844-947-3732 to discuss this with one of our agents. You can also take our free, secure, confidential eligibility test by clicking this link: http://18.104.22.168/wordpress/eligibility-test
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My daughters record and felonies was expunged here in California about 1 1/2 to 2 years ago. Can she know purchase a firearm to go hunting with me?
John – please call us at 844-947-3732
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If I was convicted for felony possession of components to build an explosive device, an possession of a controlled substance which I took a plea on which resulted in both charges being felonys each receiving a 2yr with half sentence ran together. Can i have the possession treated like a wobbled then after having that reduced next file for a cert or rehabilitation on the other charge? Both charges stem from 2002 an I haven’t convicted of anything since my release an completion of parole.
If you were not sentenced to prison then you may be eligible to expunge your records. Please call us to discuss. Thank you
Covicted of 2 felonies condition in 1995 received 5 years probation felonies were possesion and possesion for sales had felonies expunged in 2001 or 2002 not sure any help please contact me.
Tony if you didn’t go to prison, you may be able to expunge these convictions. Call us 844-947-3732
In california monterey county I was convicted of domestic violence. In 2001 my right to own firearms was taken away for a period of 10 yrs.on the tenth yr. I was arrested for possession. Of firearm.and controlled substance was order to a drug rehab program and 3yrs probation that was in 2010 then in 2015 i was arrested for possession of firearms again sentenced to 2 yrs w/ halftime iat cdc released on 3 yrs. Ab109 probation /parole is it still possible to get my gun rights back
1 Oz marijuana sales 1969, sentenced to 1yr, given 2yr probation. Later received restore of citizenship & firearms rights. Can I own a weapon in CA. Now? No further offences.
If you didn’t go to prison, potentially. Kindly call us at 844-947-3732 to speak with a criminal records analyst. Thanks!
I was convicted of assault and battery and resisting arrest in 1997 as 20 yr old in the Navy. The arrest was in Virginia Beach, VA. Am I still eligible to own a fire arm in CA?
In 1990 I was given a misdemeanor conviction of domestic violence which I served my probation honorably. In 1992 I enlisted in the US Army and was honorably discharged in 1996. Then in 2001 I again enlisted, but this time into the National Guard after 9/11. I was released from my contract honorably because of the Lautenberg Amendment. I was told I could not possess a firearm. I’d like to find out what it takes to get my rights reinstated. Thank you.
I altered my own firearm in2005. It’s a misdemeanor charge which I had expunged in 2010. It’s been over 10 years with no charge since then. I applied for another firearm. They say I’m prohibited from possessing a firearm. Can you help get my 2nd amendment rights back?
Aaron, your firearm restoration should have been automatic after 10 years. You may just want to try contacting the California DOJ to correct your records. There is likely nothing we can do in this case.
My brother was on probation for having several DUI’s and when they searched his home found a firearm in it which it was charged as a felony. Is there anyway to conceal the felony? He is trying to get a job at a school district and needs to pass a back ground check.
Thank you for your question. Please call us to further discuss at 844-947-3732. Our agents are waiting to hear from you.
Does any action need to be taken at the 10-year mark to restore a person’s gun rights or are they “automatically” reinstated?
I’m 1998 I was convicted of 2nd degree robbery with a firearm, and sentenced to 3 years in prison. Good behavior had me out early 2000. Since then I have obtained a certificate of rehabilitation and a full pardon by the governor of the state of California which is where I live. Can I apply to buy a gun it all seems so confusing and would like to hunt and do things of the hobby and sport now with my son? And if not is there anything more that I can do to get these rights back I have no idea thank you for your time in advance
Hi Jason, sometimes firearm rights may be restored through an unconditional pardon from the Governor. However, felonies involving the use of a dangerous weapon generally restrict firearm rights. Give us a call to see if we can help out with your case.
Thanks for the info. However I have a question that I hope someone can answer. Does an expungment of a Misdemeanor conviction call the 10 year band null and void?
Hi Rachelle, your firearm eligibility will depend on the type of crime. Give us a call for more information, as the legal issues concerning firearm rights can be complicated.
I received a felony expungement and a reduction of my felony to a misdemeanor under title 17.b The offense was burglary, and it qualified as a wobbler. My Lawer said my gun rights are restored. With this result am I free from the prohibition to own a gun?
Oh! I live in California. I’m sure that’s important.
Will I get in trouble if I purchase a firearm. With the outcome of my felony reduction under title 17.b?
I was convicted of shop lifting which was petty theft a misdemeanor then again petty theft with prior sentenced to 8 months state prison found a credit card and used it which was possession of access card with no permission sentenced to 8 months state prison can I get my gun rights back in California
I have an assault charge for approx. 30 years ago and since then have done 22 years (honorably) in the army and recently tried to purchase a hand gun but was denied. Apparently the assault charge and another misdemeanor charge have never been wiped from my record. Funny thing is I held a Top Secret clearance while serving. Any advice??
Our firm would be happy to see whether there’s something that we can do to help. Please give us a call, and we can look into expungement and/or firearm rights restoration options.
I was convicted of a 459pc burglary in 1983…in California….I’m 55 never been in trouble scence….just had it expunged to no conviction dismissed…can I buy and posses guns…..
Ok so 30 years ago when my dad was in his late 20;s he received his 4th DUI felony conviction, went to prison and was ket out on probation. Does my dad need a governors pardon or can he apply to have rights restore since it has been ten or more years?
22 years ago I was convicted of armed robbery. I was 17 yrs old and stupid. Now I am 40 and have 4 kids that I would love to go hunting with. I have no other related charges or convictions since then ( a DUI 10yrs ago) and I work for the city I live in. I don’t want my children to be lacking for my stupid youth. Any help you could give me on getting my gun rights back would be appreciated.
I had a misdemeanor arrest for marijuana 8 years ago in Illinois.. can I purchase a handgun in California where I live?
I was convicted of 273.5 in 91. In 94 I had the matter expunged. I discovered I could not possess a gun in 06. In late 06, the court granted me a Nunc Pro tunc dismissal. I’m wondering if I can possess a firearm
Hello Marvin: Typically, a reduction of the offense to a misdemeanor via CA PC 17(b) would restore your rights. A Nunc Pro Tunc dismissal may also restore your rights, but you may want to consult with your attorney at the time. Otherwise, feel free to contact our office for more information regarding your eligibility.
If I was convicted of a felony DUI in 2003 having three priors the prioress being misdemeanor convictions am I eligible to have the felony charge reduced to a misdemeanor or two somehow get it dismissed in the interest of justice so I can restore my gun rights? Since 2003 I have not been in trouble with the law or have had any tickets or anything like that….
I had a misdemeanor ( domestic violence CA ) 28 years . My record is clean ever since . Would i be able to get my gun rights back through expungement ?
Hi Jacinto, unfortunately, a CA expungement (dismissal) does not generally restore civil rights such as the right to purchase/possess guns. Usually, we would ask the court to reduce a felony to a misdemeanor via CA PC 17(b). However, a felony OR misdemeanor domestic violence conviction will usually restrict your rights. I would suggest looking into a direct pardon with the CA Governor for a restoration of rights. That said, a CA expungement is still beneficial in a lot of ways, and is suggested as the first step. For more on that service, please contact our office or try our eligibility test to set up an appointment with a representative!
Hello I was released from coc 2007 , and got my felony expunged , can I own firearm?
Hey John – we do help several clients in California get their firearm rights restored, but to know for sure, we would need to have more details regarding your case. Please take our free, secure eligibility test, or give us a call at (844) 947-3732 for more information on how to proceed.
I was convicted of a felony back in 2000 completed probation with no violations in for the last 20 years have a clean record three or four years ago I got an expungement and thought that would restore my Second Amendment rights in which it didn’t… I am wondering what steps do I need to take in order to file for a certificate of rehabilitation?
Joshua – thanks for reaching out to us. To know how to move forward, we would need some more information regarding your case. Please take our free, secure eligibility test which you can find on our website, or give us a call at (844) 947-3732 for more information.
I was convicted of a crime, pc 487.2 in 1993, had it expunged in 1995 per PC 1203.4. My gun rights were recently denied. I would like to know if I am required to pursue pc 17 n to restore my gun rights, or is there another step in the process. Thank you in advance.
Hey Derrick, thanks for your comment. To know what the next step is, it would be best if you gave our firm a call at (844) 947-3732 and gave us some more detail as everyone’s case is different and can be quite complicated. We hope we can be of assistance.
I have a felony conviction for 11352(a) from 2006 and few low-level misdemeanors (all non-violent). I received relief under 1203.4 in 2011. I’ve had no arrests or encounters, aside from a traffic ticket, since then. The paperwork says I’m released from all penalties and disabilities resulting from the offense except as provided in 12021 and 12021.1, and vehicle code 13555. Also, “The dismissal does not permit a person to own, possess, or have in his or her control a firearm if prevented by penal sections 12021 or 12021.1. I returned to school in 2009, prior to the dismissal in 2011. I graduated Magna cum laude in mechanical engineering from UCI. Is it plausible to think I could get my rights reinstated?
Darren – give us a call during normal business hours – thanks! 844-947-3732
14 years ago I got arrested for possession for sales of marijuana over an oz and my lawyer, through prop 36, got me to stay at a rehab for 6 months instead of jail and complete probation for 1 year to get my felony expunged to a misdemeanor. I’ve completed everything 14 years ago, would I have any restrictions on owning a firearm?
Samuel – take our eligibility test located here: test.wiperecord.com