How to Restore Your Gun Rights After a Criminal Conviction in California
At Kosnett Law Firm, our experienced criminal defense lawyers in Los Angeles understand just how restrictive our California gun laws are, and how difficult it can be to have your rights to buy, own, or carry a firearm revoked because of a criminal conviction.
If you have lost your right to purchase or carry a gun, you may be eligible to have them restored.
The restoration of gun rights in California is no simple process, which is why it is important to partner with a Los Angeles criminal defense attorney who can walk you through the legal requirements and ensure they are met at each turn, so you can restore the complete rights afforded to you by our U.S. Constitution.
Can All Californians Have Their Gun Rights Restored After a Criminal Conviction?
Under California law, five categories of people are not permitted to buy or carry firearms.
- Minors, which is anyone under the age of 18.
- People who have been convicted of certain misdemeanors, including assault with a firearm, brandishing a firearm, or shooting at an inhabited vehicle or dwelling.
- Felons, which includes anyone who has been convicted of a felony offense in any jurisdiction.
- Narcotics addicts, which include both state and federal laws that prevent people who are physically and emotionally dependent on narcotics to purchase or carry firearms.
- People who suffer from mental illnesses, which may be broadly applied and include those who have participated in inpatient treatment for alcoholism or voluntary treatment for being a danger to themselves or others.
California courts may also impose firearms restrictions as a specific condition of probation or a court-issued protective order on someone who has been convicted of domestic violence.
How Can I Restore My Gun Rights in California?
Each person’s legal circumstances are unique and require a full assessment by an experienced gun rights restoration attorney in Los Angeles, so you know exactly how to proceed with your petition without confusion or delay.
Depending on why your gun rights were revoked, there may be different ways to seek restoration.
- Reducing a Felony Conviction to a Misdemeanor
Certain crimes may be pursued as a felony or misdemeanor and are referred to as “Wobblers.”
If you have been convicted of a felony wobbler, it may be possible to reduce your conviction to a misdemeanor.
This may result in the restoration of your gun rights, assuming you do not have other felony convictions that do not meet the wobbler standard.
- Obtaining a California Certificate of Rehabilitation and Gubernatorial Pardon
This two-step process requires filing an application with the superior court in your county for a Certificate of Rehabilitation stating you have been successfully rehabilitated after a conviction.
This process requires that you have been a resident in California for at least five years since your release or the completion of your sentence.
The application will automatically be routed to the governor’s office for a pardon, which is completely at the governor’s discretion based on the circumstances of your conviction and overall criminal history.
Would You Like to Have Your California Gun Rights Restored? Contact Kosnett Law Firm Today for Help
If you have been convicted of a felony, and are seeking to have your gun rights restored in California, contact our Los Angeles & Irvine criminal defense attorneys at the Kosnett Law Firm today by calling (310) 445-5900 or by contacting us online. We will review the circumstances of your conviction and provide straightforward legal options on how we can help.
If you have concerns regarding California restraining orders, we can provide the knowledgeable guidance you need.