Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
Call or Message Us 24/7
(855) 999-7755
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
If you get convicted of any felony offense, you will lose your gun rights in California. In fact, it is itself a felony offense for anyone with a felony conviction on their criminal record to own, purchase, receive, or possess a firearm.
Convictions carry up to 3 years in prison. However, there are several ways for felons to get their firearms rights restored.
In California, anyone who has a prior conviction for a felony offense cannot own a gun. Doing so violates California Penal Code section 29800 PC – the state’s “felon with a firearm” law.
This statute also prohibits felons from:
To convict someone under this statute, California district attorneys have to prove the following elements:
They have to prove these elements beyond a reasonable doubt.
To be considered a “felon” under the law, the defendant must have been convicted of a felony offense. That conviction can be anywhere in the United States. It can also be a felony conviction for a violation of federal law.2 It can even be a juvenile court finding.3
However, the law is not strictly confined to convicted felons. The statute also forbids the following people from owning or possessing a firearm:
A “firearm” is any device intended to be used as a weapon and that uses an explosion or combustion to expel a projectile through a barrel. It does not need to be loaded or even in working order.5
A “firearm” includes:
Possessing the firearm does not necessarily mean that it was on the defendant’s person or in their hand. Possession includes both
Actual possession is when someone knowingly has direct physical control over something. Someone has constructive possession over something when he or she can knowingly control it, whether directly or through someone else.6
For example: Gerald puts a sawed-off shotgun in the backseat of his car, gets out of the vehicle, and closes the door.7
However, possession of a firearm requires more than just momentary possession. It is not considered possession if the defendant can show that, by a preponderance of the evidence, he or she:
If convicted under California’s “felon with a firearm” law, defendants can face up to 3 years in prison. Once released, a common condition of probation for this offense is to not possess firearms.
Certain prior misdemeanor convictions can also strip the defendant of his or her right to own or possess a firearm for life. Many more misdemeanor offenses will lead to a 10-year prohibition against owning or possessing a firearm.
Prior misdemeanors that lead to a lifetime ban against owning or possessing a firearm are:
Some of these offenses are wobblers. They can be prosecuted as either a felony or as a misdemeanor.
If any conviction was a felony, it will strip the defendant of his or her gun rights. If the conviction was a misdemeanor, but was for one of these criminal offenses, it will still deprive the defendant of his or her gun rights for life.
Many other misdemeanor offenses can carry a 10-year ban against firearm possession in the state of California. Some of these include:
Out-of-state or federal convictions can count for California’s firearm laws, as well.
If the out-of-state conviction was a felony in that state, it will prevent gun ownership in California.
However, if the conviction was for a federal offense, it will only strip a person’s right to bear arms if:
Therefore, if the federal offense would have been a wobbler under California law, it should not implicate the defendant’s gun rights.
However, there is an important exception for misdemeanor crimes of domestic violence. California state law imposes a 10-year ban on firearm possession for domestic violence offenses.
Federal law, though, imposes a lifetime ban and trumps California’s law.11 Anyone with one of these misdemeanor offenses on their criminal history can commit a federal firearms offense if they possess a gun. Convictions carry up to 10 years in federal prison.12
Under California’s gun laws, there are three ways for someone to restore or preserve his or her gun rights:
Establishing an attorney-client relationship with a criminal defense attorney from a reputable law firm and getting his or her legal advice is the best way to restore your gun rights.
Reducing the original charge can preserve or restore a felon’s right to bear arms.
This can happen during the criminal case, often through a plea deal. If the defendant is charged with a felony, he or she may be able to plead guilty to a lesser misdemeanor offense. If this works, their right to own a gun may be protected.
If the criminal offense was a wobbler, the prosecutor pursued it as a felony, and the defendant got convicted, he or she can petition the court, later on, to reduce the felony to a misdemeanor. If the court grants the petition, it can restore the defendant’s gun rights.
Expungement is the act of setting aside a conviction and sealing the record of it. When there is no record of the conviction, the defendant does not have to deal with the hardships that come with the blemish on their criminal history.
However, not all crimes can be expunged in California. Importantly for Second Amendment rights, convictions that led to time in state prison are often ineligible for expungement. Felony offenses tend to carry a prison sentence, rather than time in county jail. Therefore, many felony convictions cannot be expunged.
Certain felony offenses can be pardoned. This process requires the felon to apply for a Certificate of Rehabilitation. If the court grants this application, it will issue a court order declaring that the convict is rehabilitated.
The Certificate of Rehabilitation is forwarded to the Governor’s Office. There, it becomes an application for a pardon from the Governor. If granted, the felon’s gun rights will be restored.
You can still own a gun if you live with a felon in California. However, it is not a good idea to keep your gun in your home; instead, you should keep it in an offsite storage unit under only your name.
If you keep a gun in your home, the felon you live with could potentially be charged with constructive possession of the firearm – even if you keep the gun locked in a safe. And a prosecutor may try to charge you with aiding and abetting a felon to obtain a firearm.13
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.