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If you have been convicted of a Felony or certain misdemeanors such as assualt with a firearm result in a lifetime ban on your owning a firearm.  If you are in this position there is several things that can be done.  But you must be very careful there is bad information that is out on the internet.  Such as get an expungement it gets your right to firearm back. That is not true and could result in your imprisonment.

Many people are baned from owning or possessing a firearm.

Felons

Certain people convicted of firearm related misdemeanors or domestic violence

people with terms of probation that require they not posses a firearm.

Also certain misdemeanors cause a 10 year ban on firearm owning, buying, possessing.

assualt battery

domestic violence

brandishing a weapon and several others.

and there are others such as narcotic addicts so forth this list  in not meant to be exhaustive.  If you are in doubt you should seek immediate legal advice before you even attempt to buy a firearm.  There is a such a thing as the Personal Firearms Eligibility Check Application that could enable you to check with the California Department of Justice to see if you are eligible to own a firearm. 

FEDERAL LAW

The federal law is enforced in the states.  What can be very confusing is that the Federal Government has there own set of laws as to firearms. When there is a conflict the Federal Law prevails.

RESTORATION OF RIGHTS

However there are some ways to get back your gun rights under Penal Code section 17 if you are a convicted Felon you could ask the court for a reduction to a misdemeanor.  This could restore your legal rights.

You must be careful here many times felons will have there cases reduced per 17b of the penal code, and they think they automatically have there rights back. However, the misdemeanor the Felony was reduced to has a 10 year ban. YOU MUST WAIT OUT THE 10 YEAR BAN.

MISDEMEANOR

If you have a 10 year ban on your gun rights you must wait out the 10 years. In California the expungement process will not restore your gun rights I know there has been some bad information put out there by people on the internet but it is not accurate when people tell you that your gun rights will be restored after an expungment.

OFF PRBATION

Sometimes there will not be a statutory gun ban  but a ban put on by the court that during the time of your probation you will not own a firearm.  You must wait until you are off probation If you are taken off probation early then  you rights can be restored do not confuse this with an expungement.

FULL AND UNCONDITIONAL PARDON

Also if you get a full and unconditional pardon you can have your gun rights restored it must be a full and unconditional pardon.  Nothing else will do.

 

Usually this is a two step proces of getting a certificate of rehabilitation and then you ask as part of that process for a full and uncoditional pardon.  Or a governors pardon there is such a thing as directly asking for a pardon from the governor. 

If you need help with this process we suggest you call us and set up an appointment.  Unfortunately there is a lot of confusion regarding this area of the law and it can cause you big problems for your future if you were  to get it wrong so call us up for a case evaluation and we can help you figure out how to get started on getting your second amendment rights restored.

 

 

 

 

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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