Restoring Gun Rights in CaliforniaHow to Get Your Firearm Rights Back After a Conviction
Free Consultation.Can You Get Your Gun Rights Back in California?
California law provides several pathways to restore firearm rights that have been lost due to a criminal conviction. The availability of restoration depends on the type of conviction, how long ago it occurred, and your conduct since the conviction. Restoring gun rights is a complex legal process that requires careful navigation of both state and federal law, since federal prohibitions may apply independently of state law.
Felony Reduction to Misdemeanor — PC 17(b)
If your gun rights were lost due to a felony conviction for a "wobbler" offense (one that could have been charged as a misdemeanor), you may be able to have the felony reduced to a misdemeanor under Penal Code § 17(b). Once reduced to a misdemeanor — and if the misdemeanor is not itself a disqualifying offense — your state gun rights may be restored. Note that federal law may still prohibit possession even after a state reduction.
Expungement
A PC 1203.4 expungement dismisses your conviction and may restore some rights, but it does not automatically restore gun rights under California or federal law. However, expungement is often a necessary step in the broader process of rights restoration and may open doors to other relief.
Governor's Pardon
A California Governor's pardon can restore civil rights including gun rights for state purposes. Pardons are granted at the Governor's discretion and typically require a Certificate of Rehabilitation first. The pardon process is lengthy but can fully restore your rights under state law.
Federal Prohibitions
Federal law prohibits firearm possession by anyone convicted of a crime punishable by more than one year in prison, regardless of state law. Even if your gun rights are restored under California law, federal law may still prohibit possession. Only a Presidential pardon or expungement under federal law restores federal gun rights. Our attorneys advise clients on both state and federal issues in gun rights restoration cases.
Contact Virtuoso Law
Call (833) 666-5245 for a free consultation about restoring your gun rights. We serve clients throughout the Bay Area and Central Valley — available 24/7.