Gun Rights Restoration
Your Second Amendment rights
Restoring your right to bear arms
The Second Amendment to the United States Constitution protects the right to keep and bear arms. However, the right is not absolute. Certain convictions can strip you of your right to bear arms. A conviction for a felony offense will usually prohibit you from possessing a firearm. Likewise, certain misdemeanor convictions, like domestic violence offenses, carry their own ban. Let Go Legal proudly fights for Second Amendment rights of those who have had their firearm rights taken away. Depending on the circumstances of your case, we may be able to help restore your rights to keep and bear arms.
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A Complex Legal Issue
Both felony and misdemeanor convictions can cause one to lose their right to bear arms. Any felony conviction imposes a lifetime ban on an offender from possessing a firearm. This is the result regardless of the type of felony. Additionally, certain misdemeanor convictions result in a firearm ban. Some misdemeanor convictions only result in a five or ten year prohibition. But misdemeanor convictions for domestic violence results in a lifetime prohibition.
If you were convicted of a felony, there are two possible ways to have your firearm rights restored. The nature of your felony conviction, and whether you served time in prison, both play a role. A person convicted of a felony but who did not serve time in prison may have their firearm rights restored. This depends on whether the felony is a wobbler or a straight felony.
A person convicted of a wobbler offense can have their felony reduced to a misdemeanor. Once reduced, the offense is a misdemeanor for all purposes. In most situations, this would restore your right to possess and own a firearm.
On the other hand, if the conviction stems from a straight felony, the first step is to petition the court for an expungement of the felony. But as the plain terms of the expungement state, a dismissal does not restore firearm rights. So, after the court dismisses the felony conviction, the next step would be obtaining a Certificate of Rehabilitation. Like the expungement, obtaining a Certificate of Rehabilitation does not restore firearm rights. The Certificate of Rehabilitation will be sent to the Governor as an application and recommendation for a pardon. Firearm rights are restored only if the Governor approves the application. Likewise, the only avenue for a person convicted of a felony and sentenced to state prison is to obtain a Certificate of Rehabilitation. Again, their firearm rights would be restored only if the Governor approves the application.
Misdemeanor convictions render a different result. In California, certain misdemeanor convictions carry a five or ten year ban on bearing arms. But a misdemeanor conviction for domestic violence results in a lifetime ban. There is no way to circumvent this ban as it is based on federal law. Even if California law allows you to expunge the domestic violence conviction, federal law still prevails and will prohibit you from owning a firearm.