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How can I restore my gun rights after a felony conviction?

On Behalf of | Nov 7, 2023 | Criminal Defense |

According to the California Department of Justice, about 61.4% of all arrests for felony charges ended with a conviction in 2022. A felony conviction has wide-reaching consequences.

One of those is losing firearm rights. For individuals in California looking to regain those rights, there are steps they can take to potentially restore these rights.

Complete all sentence conditions

The first step to restoring your firearm rights is to ensure that you complete all the conditions of your sentence. This typically includes serving your sentence, probation or parole, and paying any fines or restitution the court orders. It is essential to demonstrate that you fulfilled your legal obligations.

Check wobbler law

You should determine whether your specific felony conviction falls under California’s wobbler law. It is possible to reduce some felony offenses to misdemeanors. Reducing a felony to a misdemeanor can make you eligible for relief under California law.

If your felony conviction is a wobbler, you can file a petition to have the court reduce it to a misdemeanor. This process can be complex and may require the assistance of legal counsel, but it is an essential step toward regaining your firearm rights.

Secure certificate of rehabilitation

In cases where your felony conviction is not a wobbler, you might explore the possibility of obtaining a certificate of rehabilitation. A certificate of rehabilitation is a court order that formally recognizes your rehabilitation efforts since your conviction. While it does not automatically restore your firearm rights, it can be a positive factor in your favor.

Apply for pardon

Applying for a pardon from the governor of California is another potential avenue for restoring your firearm rights. A pardon is an official forgiveness for your criminal offense and can lead to the restoration of firearm rights. However, obtaining a pardon can be a challenging and lengthy process.

Ultimately, the process of regaining firearm rights in California after a felony conviction is intricate and may require years of effort and compliance with various legal conditions. It is essential to thoroughly research the specific requirements related to your case and seek appropriate guidance to increase your chances of success.