Restoring Your Gun Rights in California
Gun Rights Restoration in California
Restoring your gun rights in California is a critical process that can significantly impact your personal freedom and ability to protect yourself and your loved ones. Understanding the steps involved and the legal avenues available is essential for those seeking to regain their firearm rights.
Having your gun rights restored is important for several reasons:
- Personal Protection: Regaining the ability to legally own and possess firearms can enhance your ability to protect yourself and your family.
- Employment Opportunities: Certain jobs require employees to carry firearms, and restoring your gun rights can open up these career opportunities.
- Restoration of Rights: The restoration process can help you regain a sense of normalcy and full citizenship, reaffirming your rights under the law.
When Do My Gun Rights Get Restricted?
Your gun rights can be restricted under several circumstances in California. Understanding these restrictions is the first step in the restoration process.
Felony Convictions
A felony conviction results in a lifetime ban on firearm ownership and possession under both state and federal law. This restriction is severe and requires significant legal action to overcome.
- State and Federal Law: Both California state law and federal law impose lifetime bans on individuals convicted of felonies. This means you cannot legally own, possess, or purchase firearms unless your rights are restored.
Certain Misdemeanor Convictions
Certain misdemeanor convictions, particularly those involving domestic violence or battery, also result in firearm restrictions.
- Domestic Violence or Battery Convictions: Convictions for domestic violence or battery can result in a federal lifetime ban on firearm possession. In California, there is also a 10-year ban for specific misdemeanors involving violence, threats, or firearms.
Mental Health Adjudications
Individuals who have been adjudicated as mentally ill or committed to a mental health institution face firearm restrictions.
- Restrictions for Mental Health Adjudications: If you have been declared mentally ill by a court or committed to a mental health facility, you are prohibited from owning or possessing firearms. This restriction aims to prevent harm to yourself and others.
Restraining Orders
Temporary or permanent restraining orders, especially those related to domestic violence, can restrict your gun rights.
- Temporary or Permanent Restrictions: If a restraining order is issued against you, it can include provisions that temporarily or permanently restrict your ability to own or possess firearms. This is particularly common in cases involving allegations of domestic violence.
Criminal Protective Orders
Court-issued protective orders in cases involving threats, harassment, or violence can also lead to firearm restrictions.
- Restrictions from Protective Orders: Protective orders often include terms that prohibit the possession or ownership of firearms. These orders are typically issued in cases where there is a concern for the safety of individuals involved.
How Does a Felony Conviction Impact Your Gun Rights in California?
In California, a felony conviction imposes a lifetime ban on firearm ownership and possession. This means you are permanently prohibited from buying, owning, or possessing any firearms. Both state and federal laws enforce this restriction, reflecting the serious nature of felony offenses and their implications for public safety.
- State Law: Under California law, a felony conviction results in a lifelong prohibition on firearm ownership.
- Federal Law: Federal law also enforces a lifetime ban for individuals convicted of felonies, ensuring that these restrictions apply nationwide.
Legal Consequences of Violating the Ban
Violating the firearm ban imposed by a felony conviction carries significant legal consequences. If you are found in possession of a firearm after being convicted of a felony, you can face additional criminal charges, which may result in severe penalties, including:
- Increased Prison Sentences: Possessing a firearm as a felon can lead to substantial prison time, often added on top of existing sentences.
- Hefty Fines: Convictions for illegal firearm possession can include substantial fines, adding financial burdens to the legal penalties.
- Extended Probation: You may also face extended periods of probation with strict conditions, further limiting your freedom.
What Misdemeanors Result in a Lifetime Ban on Firearm Ownership?
Certain misdemeanor convictions, particularly those involving domestic violence, can also result in lifelong restrictions on firearm ownership and possession under federal law. California imposes additional bans for specific misdemeanors.
Misdemeanor Convictions That Result in a Lifetime Ban Under Federal Law
Federal law imposes a lifetime ban on firearm possession for individuals convicted of certain misdemeanors, most notably those involving domestic violence. This federal restriction applies regardless of the state where the conviction occurred.
- Domestic Violence Convictions: Misdemeanor domestic violence convictions result in a federal lifetime ban on firearm ownership. This includes offenses involving physical force or threatened use of a deadly weapon against a domestic partner.
Comparison of Federal and State Bans
While federal law enforces lifetime bans for specific misdemeanors, California law also imposes its own set of restrictions.
- California’s 10-Year Ban: In addition to federal lifetime bans, California enforces a 10-year prohibition on firearm ownership for certain misdemeanor convictions. This includes misdemeanors involving violence, threats, or the use of firearms. After the 10-year period, individuals may regain their firearm rights unless otherwise restricted by federal law.
How Can a Certificate of Rehabilitation Help Restore My Firearm Rights?
A Certificate of Rehabilitation is a court order declaring that you have been rehabilitated after a felony conviction. This certificate acknowledges your efforts to reintegrate into society and serves as a step towards obtaining a gubernatorial pardon, which can restore your firearm rights.
Steps to Obtain a Certificate of Rehabilitation
- Eligibility Check: Confirm you meet the requirements, including completing your sentence, parole, or probation, and maintaining an honest and upright life for a specified period.
- Petition Filing: File a petition with the superior court in the county where you reside.
- Court Hearing: Attend a hearing where a judge evaluates your case based on factors like your criminal history and rehabilitation efforts.
- Court Decision: The court decides whether to grant the Certificate of Rehabilitation based on the evidence presented.
Benefits of Obtaining This Certificate
- Legal Recognition: It officially acknowledges your rehabilitation.
- Gubernatorial Pardon: It acts as an automatic application for a gubernatorial pardon, essential for restoring firearm rights.
- Improved Opportunities: It enhances your chances of securing employment and housing, and improves other opportunities affected by your conviction.
How Can I Restore My Gun Rights After a Felony Conviction in California?
Restoring your gun rights after a felony conviction in California involves several legal steps, including petitioning for a reduction of your felony to a misdemeanor, obtaining a Certificate of Rehabilitation, and seeking a gubernatorial pardon.
Petition for Reduction
One way to restore your firearm rights is by petitioning the court to reduce your felony conviction to a misdemeanor.
Understanding “Wobbler” Offenses: These are crimes that can be charged as either felonies or misdemeanors. If convicted of a “wobbler” offense, you may petition the court to reclassify the conviction as a misdemeanor under Penal Code 17(b).
Process for Petitioning the Court:
- File a Petition: Submit a petition to the court that sentenced you.
- Court Hearing: Attend a hearing where the judge considers your criminal history, behavior since the conviction, and the nature of the offense.
- Court Decision: If granted, your felony will be reclassified as a misdemeanor.
Eligibility Criteria for Reduction: You must have completed your sentence, including any probation, and demonstrate good conduct since your conviction.
Obtain a Certificate of Rehabilitation
As mentioned earlier, obtaining a Certificate of Rehabilitation is a vital step in restoring your firearm rights.
Process: This involves filing a petition, attending a court hearing, and receiving the court’s approval based on your rehabilitation efforts.
Eligibility Requirements: You must have completed your sentence and parole or probation, and have lived in California for a specified period while demonstrating good behavior.
Recommendation for a Gubernatorial Pardon: Once granted, the Certificate of Rehabilitation automatically becomes an application for a gubernatorial pardon.
Seek a Gubernatorial Pardon
A gubernatorial pardon is the final step in restoring your firearm rights.
Pardon Process: A pardon is an official forgiveness for a crime, granted by the Governor of California. It restores certain rights, including the right to own and possess firearms.
Eligibility: Typically, you need a Certificate of Rehabilitation. The Governor considers factors such as your criminal history, behavior since the conviction, and the public safety impact of the pardon.
Application Steps:
- Obtain a Certificate of Rehabilitation: This serves as an automatic pardon application.
- Direct Application: If ineligible for a Certificate of Rehabilitation, apply directly to the Governor.
- Review Process: The Governor’s Office reviews your application, potentially including an investigation by the Board of Parole Hearings.
- Decision: The Governor makes the final decision on granting the pardon.
How Does Reducing a Felony to a Misdemeanor Under PC 17(b) Impact My Firearm Rights?
Reducing a felony to a misdemeanor under Penal Code 17(b) can significantly impact your firearm rights. When a felony is reclassified as a misdemeanor, the lifetime firearm ban imposed by a felony conviction may be lifted. This reclassification can restore your eligibility to own and possess firearms under California law.
However, it is important to note the differences between state and federal restrictions. While California may restore your firearm rights upon reclassification, federal law may still impose restrictions based on the original felony conviction. Therefore, it is crucial to understand both state and federal implications when seeking to restore your firearm rights through reclassification.
What is a ‘Wobbler’ Offense, and How Does It Affect Gun Rights Restoration?
A “wobbler” offense is a crime that can be charged either as a felony or a misdemeanor. Examples of wobbler offenses include certain types of theft, assault, and drug-related crimes. The flexibility in charging these offenses allows for reclassification under Penal Code 17(b), which can change a felony conviction to a misdemeanor.
Eligibility for reduction depends on the nature of the offense and your criminal history. If your felony conviction is reclassified as a misdemeanor, it can positively impact your gun rights by potentially removing the lifetime firearm ban imposed by the felony conviction. However, as mentioned, federal restrictions may still apply, so it is important to consult with a legal professional to navigate both state and federal laws effectively.
If I Expunge My Felony, Can I Get a Firearm?
In California, expungement allows you to withdraw a guilty or no-contest plea and have your case dismissed. This process can help clear your criminal record, improving employment and housing opportunities. However, expungement does not erase the conviction entirely; it reflects that you completed your sentence and were released from all penalties and disabilities resulting from the conviction.
Expungement alone does not restore your firearm rights. While it can provide relief from some legal disabilities, it does not automatically lift the firearm ban imposed by a felony conviction. Under California law, even an expunged felony conviction still prohibits firearm ownership and possession.
Additional Steps Required for Restoring Gun Rights After Expungement
To fully restore your firearm rights after expungement, you must pursue additional legal actions. This typically involves:
- Petitioning for Reduction: If eligible, petition the court to reduce your felony to a misdemeanor under Penal Code 17(b).
- Obtaining a Certificate of Rehabilitation: This can act as a recommendation for a gubernatorial pardon.
- Seeking a Gubernatorial Pardon: A pardon is necessary to restore firearm rights fully.
What Legal Actions Can I Take If My Gun Rights Are Unfairly Restricted?
File a Petition for Relief
If you believe your gun rights are unfairly restricted, our attorney can file a petition for relief from firearm prohibitions on your behalf. The process involves:
- Filing the Petition: Our attorney will submit a petition to the court requesting relief from the firearm ban.
- Court Hearing: Our attorney will represent you at a hearing where the judge reviews your case and evaluates evidence.
- Court Decision: The court will decide whether to grant relief based on your circumstances and legal arguments presented by our attorney.
Seek a Certificate of Rehabilitation
Obtaining a Certificate of Rehabilitation can help in restoring your firearm rights. The process involves:
- Filing a Petition: Our attorney will file a petition for a Certificate of Rehabilitation with the superior court in your county.
- Court Hearing: Our attorney will represent you at a hearing where the judge evaluates your rehabilitation efforts and community contributions.
- Benefits: A Certificate of Rehabilitation can act as an automatic application for a gubernatorial pardon, which is essential for restoring firearm rights.
Request a Governor’s Pardon
a Governor’s pardon can fully restore your firearm rights. The application process involves:
- Eligibility: Typically, you must have a Certificate of Rehabilitation. The Governor considers factors like your criminal history and behavior since the conviction.
- Application Steps: Our attorney will help you obtain a Certificate of Rehabilitation or apply directly if you are ineligible for the certificate. The Governor’s Office will review your application, possibly including an investigation by the Board of Parole Hearings. The Governor makes the final decision on granting the pardon.
Challenge Unfair Restrictions
If your gun rights are unjustly restricted, our attorney can challenge these restrictions through legal assistance and court actions:
- Legal Assistance: Our attorney will work with you to identify and challenge unfair restrictions on your firearm rights.
- Court Challenges: Our attorney will file court petitions to contest unjust restrictions, presenting evidence and legal arguments to support your case.
Get Professional Help with Gun Rights Restoration
If you are facing issues with gun rights restoration, Attorney Arash Hashemi can provide the professional legal assistance you need. Our experienced attorney offers a comprehensive range of legal services to help you navigate the complexities of firearm restoration laws, including petitioning for reduction of felonies, obtaining Certificates of Rehabilitation, and seeking gubernatorial pardons.
Overview of Legal Services
- Petition for Reduction: We assist in filing petitions to reduce felony convictions to misdemeanors under Penal Code 17(b).
- Certificate of Rehabilitation: We guide you through obtaining a Certificate of Rehabilitation, which acts as a recommendation for a governor’s pardon.
- Governor’s Pardon: We help you apply for a governor’s pardon to fully restore your firearm rights.
- Challenging Unfair Restrictions: We provide legal representation to challenge unjust restrictions on your gun rights through court petitions and legal arguments.
Contact Information
Contact InformationFor expert legal assistance with restoring your gun rights, contact The Law Offices of Arash Hashemi:
The Law Offices of Arash Hashemi
Westside Towers
11845 W Olympic Blvd, Suite 520
Los Angeles, California 90064
Tel: (310) 448-1529
Reach out today to schedule a consultation and take the first step toward restoring your firearm rights.
