What Is Gun Rights Restoration in California?

In California, gun rights restoration is the legal process that allows individuals who have lost their right to own or possess firearms to regain those rights. Depending on the circumstances of the restriction, there are different legal pathways to restoring firearm eligibility. Common reasons for firearm prohibitions include felony convictions, certain misdemeanor offenses, restraining orders, and mental health-related restrictions.

Under California Penal Code 29800 PC, anyone convicted of a felony is prohibited from owning or possessing a firearm. Similarly, certain misdemeanor offenses, such as domestic violence (Penal Code 273.5 PC), impose a 10-year or lifetime ban on firearm possession. Additionally, individuals subject to a domestic violence restraining order or a mental health hold under Welfare and Institutions Code 8103 may also face temporary or indefinite gun prohibitions. While these restrictions are serious, many individuals qualify for legal remedies that can reinstate their firearm rights.

The gun rights restoration process depends on the reason for the restriction. Some individuals may be eligible for relief through felony reduction under Penal Code 17(b), expungement under Penal Code 1203.4, a Governor’s pardon, or a petition for relief from firearm restrictions. Each case is unique, and understanding the best legal path requires an in-depth review of your record. A skilled Los Angeles gun rights attorney can evaluate your situation, determine eligibility, and take the necessary legal steps to restore your firearm rights.

Who Is Prohibited from Owning a Firearm in California?

Under California and federal law, several categories of individuals are prohibited from possessing firearms. The most common reasons for firearm restrictions include:

• Felony Convictions – Under Penal Code 29800 PC (California’s “Felon with a Firearm” law), individuals convicted of a felony are banned from owning or possessing firearms for life.
• Certain Misdemeanor Convictions – Some misdemeanor offenses, such as domestic violence under Penal Code 273.5 PC, result in a 10-year or lifetime firearm ban.
• Restraining Orders or Domestic Violence Protective Orders – Individuals subject to a domestic violence restraining order under Family Code 6389 are prohibited from owning a gun while the order is in effect.
• Mental Health-Related Prohibitions – If a person has been placed on a 5150 involuntary psychiatric hold or deemed a danger to themselves or others under Welfare & Institutions Code 8100, they may be barred from firearm ownership for five years or longer.
• Federal Firearm Bans – Under federal law, individuals with certain criminal convictions, drug-related offenses, or non-U.S. citizenship status may be permanently restricted from possessing firearms.

If you fall into one of these categories, Attorney Hashemi can evaluate your situation and determine whether you qualify to restore your gun rights in California.

How to Restore Your Gun Rights in California

Reducing a Felony to a Misdemeanor (Penal Code 17(b))

If your felony conviction was for a “wobbler” offense (a crime that could have been charged as either a felony or misdemeanor), you may be able to petition the court to reduce it to a misdemeanor under Penal Code 17(b). This is often the most effective way to restore your firearm rights because California generally prohibits felons from owning guns.

• You must have completed your sentence, including probation.
• The original charge must have been a wobbler offense, not a felony that cannot be reduced.
• Once the felony is reduced to a misdemeanor, it no longer disqualifies you from firearm ownership under California law (federal restrictions may still apply).

Obtaining a California Governor’s Pardon

A Governor’s Pardon is another way to regain your firearm rights, but it is typically reserved for individuals who have demonstrated significant rehabilitation.

• You must have completed your sentence and remained crime-free for at least 10 years in most cases.
• A pardon does not guarantee firearm rights restoration—it depends on the nature of the offense and whether federal restrictions apply.
• The process involves submitting an application and proving your rehabilitation through community service, employment history, and character references.

Expungement Under Penal Code 1203.4 (Note: Expungement Alone Does Not Restore Gun Rights)

Many people mistakenly believe that expungement automatically restores firearm rights. This is not true.

• Expungement under Penal Code 1203.4 allows you to withdraw a guilty plea and have the conviction dismissed, improving employment and housing opportunities.
• However, expungement does NOT restore firearm rights unless the conviction was also reduced to a misdemeanor under Penal Code 17(b).

Challenging a Firearm Prohibition Due to Mental Health Holds

If your gun rights were restricted due to a 5150 involuntary mental health hold (Welfare & Institutions Code 8103), you may be able to petition the court to restore your rights.

• You must prove that you are no longer a danger to yourself or others.
• The court will review medical records, psychiatric evaluations, and personal history before making a decision.

Ending a Restraining Order That Prohibits Firearm Possession

If you lost your gun rights due to a domestic violence restraining order, you may be able to regain them once the order expires or is successfully contested in court.

• Firearm restrictions are automatically lifted when the restraining order expires (unless there is a separate criminal conviction preventing firearm ownership).
• If the restraining order was unjustly issued, an attorney can help file a motion to challenge or remove the order earlier.

Gun rights restoration is not automatic—you must actively petition the court or Governor’s Office and present a strong legal argument. Courts and law enforcement take firearm restrictions seriously, and without a well-prepared case, your petition may be denied. An experienced gun rights restoration lawyer can evaluate your eligibility, file the necessary legal documents, and represent you in court hearings to give you the best chance of success.

Eligibility for Gun Rights Restoration in California

Not everyone is eligible to have their firearm rights restored in California. To qualify, individuals must have successfully completed all sentencing requirements, including probation, parole, or any court-ordered obligations. Additionally, a person seeking restoration cannot have any pending criminal charges or outstanding warrants, as unresolved legal issues may disqualify them from regaining firearm rights.

Eligibility also depends on the nature of the conviction. Certain offenses may be eligible for expungement, felony reduction, or a Governor’s pardon, which are necessary steps toward restoring gun rights. However, not all convictions qualify, particularly violent felonies or offenses involving firearms. In some cases, applicants must also demonstrate rehabilitation and good moral character, especially when applying for a pardon or relief from a mental health-related firearm restriction.

Determining eligibility can be complex, as each case is unique. Attorney Hashemi can review your record, assess your legal options, and develop the best strategy for restoring your Second Amendment rights.

The Gun Rights Restoration Process: Step-by-Step

• Case Review & Eligibility Assessment – Attorney Hashemi will thoroughly examine your criminal record and legal history to determine whether you qualify for firearm rights restoration and identify the best legal strategy for your case.

• Filing for Expungement, Felony Reduction, or Pardon – Depending on your circumstances, the appropriate petition will be filed. This could involve seeking an expungement under Penal Code 1203.4, reducing a felony to a misdemeanor under Penal Code 17(b), or applying for a Governor’s pardon.

• Court Hearings & Legal Filings – If a court appearance is required, Attorney Hashemi will advocate on your behalf, presenting arguments for why your firearm rights should be reinstated. This step may also involve responding to any objections from the prosecution.

• Decision & Next Steps – If the court grants your petition, you will regain your right to own and possess firearms. If the request is denied, Attorney Hashemi will assess potential appeal options or explore alternative legal strategies to help restore your rights.

Contact a Los Angeles Gun Rights Restoration Lawyer to Discuss Your Case

If you are seeking to restore your Second Amendment rights in California, it is essential to have an experienced attorney guiding you through the process. The legal system surrounding gun rights restoration is complex, with strict eligibility requirements and procedural hurdles that must be properly navigated.

With over 20 years of experience, Attorney Hashemi has successfully helped clients restore their firearm rights through expungements, felony reductions, and Governor’s pardons. He carefully assesses each case, files the necessary legal petitions, and advocates aggressively to achieve the best possible outcome. Whether you are dealing with a prior conviction, a domestic violence restraining order, or a mental health prohibition, our Los Angeles criminal defense attorney is prepared to fight for your rights.

Restoring your firearm rights can be life-changing. Don’t wait—take the first step today by scheduling a free consultation to discuss your case and explore your legal options.

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