Posted on August 21, 2017

How do I Restore my Gun Rights?

A felony conviction carries a life-time restriction from someone owning or possessing a firearm. In California, any person who violates this restriction would be charged as an ex-felon in possession of a firearm – a crime punishable up to three (3) years in state prison.

Contact John Rogers to help you restore your gun rights.

Contact Orange County criminal defense attorney John D. Rogers to help you restore your gun rights.

However, a felony conviction may not need to be for life. Some felonies are wobbler offenses making them punishable either as a felony or misdemeanor. A wobbler is eligible for reduction to a misdemeanor upon successful completion of probation. If the court grants the motion for reduction, the offense will be reduced to a misdemeanor “for all purposes.” Thereafter, you will never have to reveal that you’ve ever been convicted of a felony.

Exception to reduction apply: some wobblers, such as domestic violence convictions, carry a life-time firearm restriction regardless of whether the conviction was a misdemeanor or felony. Additionally, a person is deemed ineligible to reduce a felony to a misdemeanor if the court imposed a state prison sentence.

For those ineligible to reduce their felony to a misdemeanor, the only course of relief in restoring gun rights is to first seek a certificate of rehabilitation and/or governor’s pardon. Firearm rights can only be restored by a governor’s pardon, but in some instances, the petitioner must seek a certificate of rehabilitation first. A pardon has limitations however. For instance, if the felony was carried out with the use of a deadly weapon, even a pardon will not restore firearm rights.

To schedule a free confidential consultation with an experienced Orange County criminal defense lawyer, contact the Law Offices of John D. Rogers.

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