A felony conviction in California results in a lifetime ban on owning or possessing firearms under both state and federal law. For many people in Westminster, CA who have worked hard to move past a past conviction, this restriction can feel like a permanent barrier. While restoring gun rights after a felony conviction is difficult, it is not always impossible, and understanding your options is an important first step.
Why Felony Convictions Result in a Firearms Ban
California law prohibits anyone convicted of a felony from owning, possessing, or purchasing a firearm. This restriction applies regardless of whether the felony involved violence, and it applies for life unless specific legal relief is obtained. Federal law imposes a similar lifetime ban, which means that even if state relief is granted, federal restrictions may still apply in certain circumstances.
Options for Restoring Firearm Rights
There are a limited number of legal paths that may help restore firearm rights following a felony conviction, including:
- Governor's Pardon: A full pardon from the Governor of California is one of the few ways to restore firearm rights at the state level following a felony conviction. This process is lengthy and requires demonstrating a substantial period of law-abiding conduct following the conviction.
- Prop 47 Reclassification: For certain non-violent, non-serious felonies, reclassification to a misdemeanor under Proposition 47 may help restore some rights, though firearm restrictions tied to specific offenses, particularly those involving domestic violence, are not always affected by this process.
- Certificate of Rehabilitation: While a Certificate of Rehabilitation does not automatically restore firearm rights, it is often a required step toward obtaining a Governor's Pardon and demonstrates to the court that you have successfully rehabilitated since your conviction.
Why Firearm Restoration Cases Are Highly Fact-Specific
Not every felony conviction is treated the same way when it comes to firearm restoration. The nature of the original offense, whether it involved violence or a weapon, and the amount of time that has passed since the conviction all play a significant role in determining what relief, if any, may be available. Additionally, certain convictions, particularly those related to domestic violence, carry firearm restrictions that are especially difficult to remove, even with state-level relief.
Why Legal Guidance Is Essential
Because firearm rights are governed by both state and federal law, and because the available relief options vary significantly depending on the underlying conviction, navigating this process without legal guidance can be overwhelming. An attorney can help evaluate which options may be available to you and can determine whether a strategy involving reclassification, a Certificate of Rehabilitation, or a pardon petition make sense for your particular situation.
How Law Office of Michael L. Fell Can Help
If you are a Westminster, CA resident with a felony conviction and want to understand your options for restoring your firearm rights, Law Office of Michael L. Fell can help evaluate your case and guide you through the appropriate process, whether that involves Prop 47 reclassification, a Certificate of Rehabilitation, or another form of relief. Call (949) 585-9055 to schedule a consultation and take the first step toward understanding your options.