Firearm Rights & Criminal Convictions

A criminal conviction may significantly impact your ability to own or possess a firearm, depending on the nature of the conviction.

Here are the key ways a criminal conviction in California can affect your firearm rights:

1. Felony Convictions:

   • A felony conviction (usually a crime punishable by imprisonment in state prison or county jail pursuant to Penal Code section 1170(h)) generally prohibits a person from possessing or purchasing firearms for life, meaning this prohibition remains in place even after a person has completed their sentence, including parole or probation. In some cases, this right can be restored (through a pardon or expungement).

   • California law generally aligns with federal laws but has additional restrictions and differences in the restoration processes.

2. Domestic Violence Convictions:

   • Individuals in California convicted of domestic violence offenses, including misdemeanor domestic violence, are also prohibited from owning firearms under federal law.

3. Other Misdemeanors:

   • For certain misdemeanor convictions like those involving violence or drugs, a person may be restricted from purchasing or possessing firearms.

4. Mental Health Issues:

   • Individuals who have been adjudicated as mentally incompetent or committed to a mental institution may also be prohibited from owning firearms in California.

5. Restoration of Rights:

   • In some cases, people who lose their firearm rights due to a conviction can have their rights restored. This process is case specific and usually requires a thorough understanding of the laws and procedure related to your conviction

It’s important to consult an experienced attorney like Davis Hewitt to fully understand how your specific conviction may affect your ability to own a firearm. He can also help to explore potential options for restoring these rights if applicable.