Restoration of Firearm Rights
Laws preventing firearm ownership are in effect for both the United States as a whole and also state by state. This means that restoring firearm rights can require different procedures for each state, and that certain criminal convictions ban gun ownership in one state but not another. Consequently, it is best to start out with the federal gun bans, since those are in force in every state.
The most common firearm bans for a criminal conviction are 1) a felony, 2) a domestic violence conviction, and 3) a drug use conviction. Having a felony and a domestic violence conviction result in a lifetime ban, while the narcotic user ban lasts a year from the conviction for drug use. In California, some felony convictions can be reduced to misdemeanors under Penal Code section 17(b), and if reduced to a misdemeanor the firearm rights will be restored. Probation must have been granted instead of prison or parole. Common convictions of “wobbler” offenses include grand theft, felony drunk driving, and fraud.
The Lautenberg amendment bans firearm ownership for those convicted of domestic violence related crimes. The requirement is a crime that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." Even simple battery under Penal Code section 242, when committed against a spouse or someone similar to a spouse, is sufficient to satisfy the domestic violence ban. (United States v. Castleman, 572 U.S. 157 (2014).) Reduction to a misdemeanor or dismissal under Penal Code section 1203.4 does not change the ban when it is a conviction for domestic violence.
When a person has domestic violence type conviction, including battery against a relation, there are only two options to challenge or restore firearm rights. The first option is that the person could show substantial evidence that the crime was not committed against a “current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." For instance, a casual girlfriend who was not living with the person convicted would not fit the requirements for the federal ban. Likewise, if the California Department of Justice reported the conviction information incorrectly, it could be amended.
The second option for people convicted of domestic violence or a felony ineligible for reduction is to apply to the Governor of California for a pardon. If the case is a felony, the person should apply for a Certificate of Pardon and Rehabilitation in their local superior court. A misdemeanor application should go directly to the Governor since Certificates of Pardon and Rehabilitation only apply to felonies. Out of state residents should apply directly to the Governor. In 2023 and 2024, the bulk of granted pardons were for drug sales, drug possession, theft, or robbery conviction that were more than 10 years old. Unfortunately, not a single pardon grant occurred for a domestic violence conviction. This makes the odds low for a pardon. However, if the convictions are theft or drug related, there is a chance for a pardon, particularly when the person can present a sympathetic story of rehabilitation.
California has its own separate bans on firearm ownership. Many of the separate bans are based on misdemeanor convictions, and these are found in Penal Code section 29805 like battery, violating a protective order, or criminal threats. They only apply for 10 years. Once the 10 years passes, firearm eligibility is restored. Unfortunately, California does have unique lifetime bans which include a conviction for assault with a deadly weapon or with likelihood to cause great bodily injury. If the person no longer resides in California, this ban will not apply.
Attorney David Reagan has years of experience advising clients of their guns rights and restoring those rights when eligible. Mr. Reagan can amend incorrect Department of Justice records and apply for pardons. Contact his office for a free consultation.
