Restoring Gun Rights After A Felony Conviction
Having a felony conviction on your record negatively impacts your life in many ways, and one of the most fundamental ways is the elimination of your constitutional right to own a gun. However, once you have been convicted of a felony not all hope is lost, and you may be able to restore your right to own a gun. Below are several discussions, the first is focused on restoration of gun rights after you have been sentenced to state prison, and the second is focused on restoring your right to own a firearm when no state prison time was involved.
- 1 State Prison Sentence:Unfortunately, if you were sentenced to prison due to your felony conviction the options for restoring your gun rights are fairly limited. Your only option is to get a Certificate of Rehabilitation, which once successful creates an automatic application for a Pardon with the Governor's Office. The Certificate of Rehabilitation does not restore your right to own a gun on its own, rather the Pardon must be granted by the Governor's Office. Unfortunately, very few Pardons are granted in California. The most likely type of crimes that get a Pardon are non-violent crimes (e.g., drug crimes, etc.). You can call us for a free consultation and we can advise you on your options. Visit Certificate of Rehabilitation Page
- 2NO State Prison Sentence: If you were convicted of a felony and were not sentenced to prison then we may be able to restore your right to own a gun. If the felony conviction is a wobbler felony (a felony that could have been charged as either a misdemeanor or a felony, see list of wobbler felonies), then we can file a motion with the court to have the felony reduced to a misdemeanor. If we are successful then your right to own a firearm would be restored in most situations. If your felony conviction is a straight felony (not a wobbler felony), then, unfortunately, the only way to restore your gun rights would be to first get the record expunged (felony expungement, on its own, does not restore your gun rights), then get a Certificate of Rehabilitation, and then get a Pardon from the Governor's office. If the pardon is granted, the your right to own a gun would be restored. Visit Felony Expungement Page
- 3Domestic Violence Gun Ban: The Lautenberg Act strips away your right to own a firearm, at the federal level, if you were ever convicted of any type of violent crime against either your wife (at the time of the crime) and / or the mother of your children (at the time of the crime). Unfortunately, there is no way to get around this federal gun ban at this time. If the domestic violence, or battery, did not involve your wife and / or the mother of your children, then your righ to own a firearm will not be effected. Either way we can expunge your misdemeanor conviction or expunge your felony conviction which will greatly improve your earning capacity and marketability in this tough job market.
Specializing In Helping You Restore Your Gun Rights
Please do not hesitate to give us a call if you have any questions regarding restoring your 2nd Amendment right to own a firearm. We understand how important this fundamental right is, and we will do everything in our power to help you restore your rights. We greatly look forward to helping you in anyway we can.
David Huffman, Esq.
Founding Attorney, Fresh Start Law Center