Restoring Gun Rights After a Domestic Violence Conviction in California
How California Gun Laws Affect Domestic Violence Offenders
California law imposes strict firearm restrictions on individuals convicted of domestic violence. Under Penal Code §29805, anyone convicted of a domestic violence offense faces a lifetime ban on owning, possessing, or purchasing firearms. This prohibition is in line with both state and federal laws, reflecting California’s commitment to reducing gun-related violence. Understanding the full scope of firearm restrictions is the first step toward restoring your Second Amendment rights. If you have questions about your specific case or want to explore your legal options, contact our office at (310) 448-1529 to schedule a free confidential consultation.
Penal Code §29805: California’s Domestic Violence Firearm Ban Explained
Penal Code §29805 outlines the firearm restrictions for individuals convicted of certain misdemeanor domestic violence offenses. Since January 1, 2019, this law enforces a lifetime ban on firearm possession for all domestic violence convictions, whether misdemeanor or felony.
For older convictions, the firearm restriction may be temporary depending on the nature of the offense and whether it was classified as a misdemeanor or felony. However, most individuals convicted of domestic violence after 2019 face permanent firearm restrictions, regardless of the severity of the charge.
Types of Firearm Possession Prohibited
California law defines firearm possession broadly, making it essential to comply with all aspects of the restriction. Violations can lead to further criminal charges.
- Actual Possession: Having a firearm on your person, such as carrying a gun in public or at home.
- Constructive Possession: Maintaining access to firearms stored in your home, vehicle, or another location, even if the firearm is not physically in your possession.
For example, if a firearm is stored in your home or vehicle that belongs to another household member, you could still be in violation of Penal Code §29805. This is because constructive possession includes situations where you have access to or control over a firearm, even if it is not yours. Understanding this broad definition is critical to avoiding unintentional violations of firearm restrictions. These restrictions extend to all forms of firearm ownership and access, emphasizing the importance of compliance for individuals affected by PC §29805.
Understanding Lifetime vs. Temporary Firearm Restrictions in California
While recent convictions impose lifetime restrictions, older cases or those involving plea agreements may result in temporary firearm bans. It’s critical to consult an attorney to understand the specific terms of your conviction and determine whether legal options, such as a gubernatorial pardon, could help restore your rights.
How to Restore Gun Rights After a Domestic Violence Conviction in California
Restoring your gun rights after a domestic violence conviction in California is challenging but not impossible. While the law imposes significant restrictions, there are specific legal remedies available, such as expungement or a gubernatorial pardon. Understanding these options can help you determine the best path forward.
Expungement
Expungement can clear your criminal record under California Penal Code §1203.4, allowing you to legally state that you have not been convicted of the offense in most situations. However, when it comes to domestic violence convictions, expungement does not restore your firearm rights.
California law adheres to federal firearm restrictions, which remain in effect even after expungement. This means that while expungement can improve your employment opportunities and remove the conviction from public records, it will not lift the firearm ban imposed under Penal Code §29805 or federal law.
How a Gubernatorial Pardon Can Restore Your Gun Rights
A full and unconditional pardon from the Governor of California is the only viable legal option to restore your gun rights after a domestic violence conviction. This process is complex and requires meeting strict eligibility criteria, as well as presenting a persuasive argument for why the pardon should be granted. The gubernatorial pardon process is highly selective, requiring a strong case and substantial evidence of rehabilitation. Applicants must submit thorough documentation, including proof of rehabilitation, letters of recommendation, and a detailed explanation of their community contributions. Success rates can vary significantly, as the process is competitive and subject to the Governor’s discretion.
The guidance of an experienced attorney is critical to navigating this process. An attorney can help ensure your application highlights your strengths, addresses potential weaknesses, and meets all legal requirements, giving you the best chance of obtaining a pardon and restoring your firearm rights.
Eligibility Criteria for a Pardon:
- You must have completed your sentence, including probation or parole.
- A significant period of time must have passed since your conviction, demonstrating that you have rehabilitated and become a law-abiding citizen.
- You must have no pending criminal cases or charges against you.
When applying for a gubernatorial pardon, the quality of your application is critical. A compelling argument should include evidence of rehabilitation, contributions to your community, and testimonials from reputable individuals who can vouch for your character.
How a Pardon Restores Gun Rights
A gubernatorial pardon not only forgives the conviction but can also lift state and federal firearm restrictions, allowing you to legally own, possess, or purchase firearms again. However, the process is lengthy and competitive, making it essential to work with an experienced attorney who understands the nuances of California’s pardon application procedures.
Understanding the Federal Lautenberg Amendment
The Lautenberg Amendment is a federal law that permanently prohibits individuals convicted of misdemeanor domestic violence offenses from owning, possessing, or purchasing firearms. This lifetime ban applies nationwide, regardless of whether the conviction was expunged or the individual completed their sentence. Unlike some state laws, the Lautenberg Amendment does not provide for automatic restoration of gun rights, even if the conviction occurred years ago or involved a minor incident.
This federal restriction underscores the importance of pursuing remedies such as a gubernatorial pardon in California. A pardon not only addresses state firearm restrictions but may also help lift the federal ban, allowing individuals to legally regain their Second Amendment rights. Understanding the interplay between state and federal laws is essential for successfully navigating the rights restoration process.
Common Misconceptions About Restoring Gun Rights
Restraining Orders and Firearm Surrender
In domestic violence cases, restraining orders, including domestic violence protective orders (DVROs), frequently require individuals to relinquish their firearms as part of compliance. This is mandated under California law and reinforced by Proposition 63, which strengthened firearm surrender and reporting requirements.
Proposition 63 requires individuals subject to restraining orders to surrender any firearms they own or possess to law enforcement or a licensed firearms dealer within 24 to 48 hours of receiving the order. Proof of compliance must also be filed with the court. Even after the restraining order is lifted, the individual does not automatically regain their firearm rights if a domestic violence conviction is present. A conviction triggers additional state and federal firearm bans, which must be addressed separately.
Myths About Expungement
While expungement is a valuable tool for clearing criminal records and improving opportunities for employment or housing, it does not restore firearm rights for those convicted of domestic violence. This misconception arises because expungement removes a conviction from public records and allows individuals to state they have not been convicted in most scenarios. However, federal firearm restrictions under the Lautenberg Amendment, as well as California’s Penal Code §29805, remain in effect even after an expungement.
Restoring gun rights requires additional legal steps beyond expungement, such as obtaining a gubernatorial pardon. This process is necessary to lift both state and federal firearm bans, making it essential to understand the limits of expungement and plan accordingly.
Penalties for Violating California Gun Restrictions After a Domestic Violence Conviction
Adhering to firearm restrictions is critical to avoid additional penalties and demonstrate good faith during any legal efforts to restore your rights. Compliance measures include:
- Surrendering Firearms Promptly: California law, including Proposition 63, requires individuals subject to firearm restrictions to relinquish their firearms within a specific timeframe after a conviction or restraining order. Ensure that firearms are surrendered to law enforcement or transferred to a licensed dealer as required.
- Retaining Proof of Compliance: After surrendering firearms, retain documentation showing compliance with state and court mandates. This can include receipts from law enforcement or proof of transfer to a licensed firearms dealer.
Strict compliance with these requirements not only prevents additional legal issues but also demonstrates responsibility, which can be beneficial in any future legal proceedings to restore your firearm rights.
Legal Penalties
Under California law, individuals prohibited from owning or possessing firearms due to a domestic violence conviction who are found in possession of a firearm can face serious criminal penalties. Violations are typically charged as felonies under Penal Code §29805 and may result in:
- Fines: Significant financial penalties, often up to $10,000.
- Imprisonment: A sentence of up to three years in state prison.
If federal law under the Lautenberg Amendment is also violated, defendants may face additional federal charges, which can lead to even harsher penalties, including extended prison sentences.
Law enforcement actively enforces these restrictions, often using firearm purchase background checks or compliance checks related to restraining orders. Violations not only result in criminal charges but may also harm your ability to seek remedies for restoring your rights in the future.
Impact on Background Checks
Firearm restrictions due to a domestic violence conviction often appear in background checks conducted for employment, housing, or other critical life opportunities. Background check reports may flag the restriction itself or the underlying conviction, making it difficult to secure jobs, rental properties, or professional licenses.
In some cases, individuals may also be denied benefits or opportunities due to the stigma associated with firearm restrictions tied to domestic violence offenses. This highlights the importance of addressing these restrictions proactively through legal remedies such as expungement or a gubernatorial pardon, even if they don’t directly restore gun rights.
How Our Attorney Can Help with Gun Rights Restoration
Restoring firearm rights after a domestic violence conviction is a complex process requiring careful attention to state and federal laws. Attorney Hashemi brings over 20 years of experience in crafting strong cases for clients seeking to regain their Second Amendment rights. From evaluating eligibility for a gubernatorial pardon to preparing a compelling application that demonstrates rehabilitation and good character, Attorney Hashemi provides the dedicated representation needed to navigate this challenging legal process.
With a deep understanding of California’s gun laws and federal restrictions, Attorney Hashemi ensures every legal step is taken to maximize your chances of success. Whether addressing compliance issues or advocating for your rights, our firm is committed to achieving the best outcome for your case.
Contact a Los Angeles Criminal Defense Lawyer for Help Today
If you are seeking to restore your firearm rights after a domestic violence conviction, The Law Offices of Arash Hashemi is here to help. With over 20 years of experience in criminal defense, Attorney Hashemi has the knowledge and dedication to guide you through California’s complex gun laws and explore every legal option, including gubernatorial pardons.
Restoring your Second Amendment rights requires a strategic approach and attention to detail. Our legal team will carefully analyze your case, explain your options, and build a compelling argument to help you regain your rights.
Contact us today to schedule a confidential consultation. You can also schedule a 15-minute consultation online through our secure system. Our office is conveniently located in Los Angeles, serving clients throughout Southern California.
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