How do I Restore my Gun Rights?

Posted on August 21, 2017

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.

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 a 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.

The exception to reduction is all domestic violence convictions. They carry a lifetime 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.

Contact us to schedule a free confidential consultation with an experienced Orange County criminal defense lawyer.