In the United States, the right to keep and bear arms is enshrined in our Bill of Rights. However, when someone is convicted of a felony or certain misdemeanors, they may lose the right to own a gun. If you are a Californian who has lost the right to keep and bear arms, you may be wondering, Can you get your gun rights restored in California?
Why Might a Person Lose the Right to Gun Ownership in California?
There are a few different reasons a person living in California might lose their right to own, possess, or use a gun. Some of the most common reasons are listed below:
- Felony convictions. Under both federal law and California law, a person who has been convicted of any felony offense is prohibited from owning, possessing, or using any firearm. This prohibition generally lasts for the rest of the offender’s life.
- Misdemeanor convictions. Certain misdemeanors, such as misdemeanor domestic violence, carry a lifetime firearm ownership ban at the federal level. In California, there are some misdemeanor offenses that result in a 10-year ban.
- Restraining order. Sometimes, a restraining order against a person may result in a temporary revocation of their firearm rights.
Like every other state in the United States, California is home to a large number of gun owners. As of the year 2024, there were over 418,000 legally registered firearms in the state. When someone loses their right to own a gun, they often wonder whether it is possible to get it back.
Can You Get Your Gun Rights Restored in California?
The right to keep and bear arms is usually only revoked under circumstances that truly warrant such a measure. Therefore, in most cases, it is difficult or impossible to have firearm rights restored. It does happen on occasion, however. Some potential avenues for restoring firearm rights in California are listed below:
- A pardon. If a person convicted of a felony receives a pardon for that felony, it is possible that the pardon could come with restored gun ownership rights. Whether or not this happens depends on the nature of the offense and the pardon.
- Charge reduction. In some cases, a felony charge may be retroactively reduced to a misdemeanor upon review. If this happens, the conviction of record becomes a misdemeanor instead of a felony, and the offender’s right to own a gun may be restored.
- Expired prohibition. If a person’s gun rights were revoked because of a misdemeanor conviction and the 10-year gun ownership prohibition period expires, the offender’s gun ownership rights are usually restored.
- Expired restraining order. If a person’s gun rights were revoked because of a restraining order and the restraining order expires, the gun rights return with the expiration in most cases.
It is important to note that even if a person’s gun rights might be restored under California law, some offenses result in a lifetime prohibition at the federal level.
Does it Help if You Hire a Weapons Charges Attorney?
If you have had your gun rights revoked in California and you want to explore getting them reinstated, it may help to hire a weapons charges attorney and get some educated legal insight into your situation. Your lawyer may be able to get the ball rolling for you if they think you have a chance at reinstating your right to own a firearm.
If you have a felony charge that could be downgraded to a misdemeanor in order to restore your gun rights, your lawyer could begin that process by gathering necessary information about the case and submitting the request to the court. If you are seeking a pardon to restore your rights, your lawyer can help you by writing a letter to the governor formally requesting the pardon.
Want to Explore the Possibilities of Your Firearm Rights Restoration?
No matter what avenue you choose to employ to attempt to restore your gun rights, an experienced attorney can be a source of legal insight, advice, and support along the way. Choosing the right attorney is essential. Select an attorney who has experience dealing with weapons charges and related legal nuances.
Why Choose Us?
At Kolacia Law Firm, you can enlist the support of local California weapons charges lawyer, Daniel Kolacia. As the firm’s founding attorney, he brings over 15 years of experience advocating for his clients’ right to bear arms. His past career as a prosecutor gives him a unique perspective from both sides of the courtroom. Dateline, CNBC, and the Los Angeles Times have featured some of his most high-profile cases*.
FAQs
Do Stun Guns Count as Firearms in California?
No, stun guns do not technically count as firearms in California. However, people who have been convicted of a felony or who are actively addicted to narcotic drugs are still prohibited from owning, possessing, or using a stun gun under California law. Individuals who are concerned about self-defense but are not legally allowed to own firearms should look into alternative self-defense options.
When Can a Felony Be Downgraded to a Misdemeanor?
Felonies can sometimes be retroactively downgraded to misdemeanors in California. This usually only applies if the felony charge was borderline. There are some offenses that can be charged as either felonies or misdemeanors, depending on the circumstances, and offenses that could have gone either way can sometimes be downgraded after the fact.
Can a Person Convicted of Domestic Violence Own a Firearm in California?
No, under federal law, any person who has been convicted of domestic violence, even if the charge was a misdemeanor, is prohibited from owning a firearm. The revocation of gun rights lasts for the offender’s lifetime. The only avenues for reinstating gun rights in situations like this are having the conviction overturned or securing a pardon.
How Can an Attorney Help Me Reinstate My Gun Rights?
If your attorney believes you can have your gun rights reinstated through some means of state legislation, they can help you by gathering the necessary information to begin the attempt and take the legal actions necessary to get started. For example, your lawyer could file a motion to have your felony charge downgraded to a misdemeanor.
Hire a Weapons Charges Attorney With Experience in California
If your gun rights have been revoked and you want to attempt to get them reinstated, you need the help of an experienced and competent attorney. Contact us to discuss the needs of your gun crimes case.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
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