How to Restore Your California Gun Rights

There are two ways to potentially restore your gun rights.

How to Restore Your California Gun Rights

Although the Second Amendment to the United States Constitution guarantees the right to bear arms, both California and federal law put restrictions on who can own a gun. Specifically, if you are convicted of certain crimes, you will lose your right to possess a gun in the state of California. This includes any felony crime and certain misdemeanor crimes. There are also certain limits on gun ownership under California law. For example, if you are addicted to narcotic dugs, under the age of 18, mentally ill or prohibited by federal law from possessing a gun, you will not be able to own a gun under California law.

According to a Los Angeles criminal defense attorney, if you are convicted of a California felony, you will be banned for life from possessing a gun. Most misdemeanor offenses do not have an impact on your right to bear arms. However, roughly 40 misdemeanors will result in a 10 year ban on firearms possession, including assault, battery and making criminal threats. In addition, if you have more than one weapons-related misdemeanor conviction, you will have a lifetime ban on possessing a gun.

However, as an experienced Los Angeles criminal defense attorney can explain, there are ways to restore your California gun rights. While the process is difficult and complex, it is possible if your crime was not a felony conviction involving a dangerous weapon or a crime of domestic violence.

There are two methods of restoring gun rights: having a wobbler felony conviction reduced to a misdemeanor offense, or receiving a pardon from the California governor. A wobbler is an offense that can be charged as either a felony or a misdemeanor. If you were convicted of the felony wobbler offense, you can request that it be reduced to a misdemeanor. This will then remove the restrictions associated with the felony conviction, and leave only any restrictions of the misdemeanor. A skilled Los Angeles criminal defense attorney can petition the court to reduce a wobbler felony conviction to a misdemeanor on behalf of a client.

Alternatively, you can request a governor’s pardon. To do so, you must have had no criminal involvement for at least 10 years. If you live in California, your Los Angeles criminal defense attorney can petition the court for a California Certificate of Rehabilitation. If the petition is granted, then it automatically becomes a petition for a pardon from the governor. However, if you live outside of California or were convicted of certain misdemeanor sex offenses, then you will need to apply directly to the governor for a pardon. Whichever method is used, the governor has complete discretion to grant or deny pardon requests.

Restoring your right to bear arms can be a vital part of the overall rehabilitation process. While the process can be complicated, if possessing a gun is important to you, an experienced Los Angeles criminal defense attorney. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help.

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