The consequences of criminal convictions extend far beyond immediate penalties, such as jail time or fines. With a criminal record, you’ll likely encounter restrictions on where you may work, live, or receive an education. If you are a parent, your criminal history may impact your custody or visitation rights. In California, felony convictions result in an automatic and permanent loss of firearms rights. Certain misdemeanor convictions may also result in the loss of gun rights for a ten year period. While these restrictions may sound severe, there are steps you can take to restore your firearm rights, even if you have a criminal record. Here’s what you need to know.
Felony Convictions and Loss of Gun Rights in Los Angeles County
Under California state law, a person convicted of a felony offense forfeits the right to own, purchase, receive, possess, or control any firearm. Section 29800 of the California penal code states, “Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country…who owns, purchases, receives, or has in possession or under the custody or control any firearm is guilty of a felony.” That is, if you are a convicted felon and you are caught with a gun in your possession, you may be charged with a felony offense and potentially face up to three years in county jail, a fine of $10,000, or both. In order to avoid this scenario, you should consider handing over your firearms to a trusted person outside of your residence. You may even complete a Power of Attorney form in order to simplify and formalize the process.
Options for Having Your Firearms Rights Restored
For the most part, California law aims to keep firearms out of the hands of convicted felons. While you may be able to seek a full pardon by the state governor by petitioning for a Certificate of Rehabilitation (COR), this is typically a long-shot. According to the Restoration of Rights Project, Governor Newsom pardoned 22 people in 2019, most of whom were non-citizens who faced threats of deportation. However, if you were convicted of a “wobbler” offense but granted probation, you may be able to petition to have the felony reduced to a misdemeanor. If successful, you may be able to have your gun rights restored. It’s important to note that any convictions relating to domestic violence offenses permanently prevent you from having your gun rights restored, even if your record is expunged.
Understanding Your Specific Circumstances
When it comes to understanding whether you are eligible for having your gun rights restored, it’s common to feel confused and overwhelmed. Under California state law, you have the right to request that the Department of Justice perform a firearms eligibility check. This process costs $20 and, once completed, will notify the applicant as to whether they are eligible or ineligible to possess firearms. Speaking to a knowledgeable criminal defense attorney is also a helpful way to explore the options available to you, especially as you’ll receive specific recommendations based on the specifics of your case.
To learn more about your options for restoring gun rights in Los Angeles County, call Wegman & Levin at (818) 980-4000 today to discuss your case with a knowledgeable and experienced criminal defense attorney.
