In California, a single felony conviction can cost you your Second Amendment right to own a gun. Under California Penal Code 29800, a felony conviction almost always means you cannot own or possess a firearm ever again.

But how long do you have to wait to regain your right to own a firearm? Most people with a state or federal felony conviction face a lifetime ban. However, California and federal gun laws are complicated, and every case is different. If you have a felony conviction, the court can look at your case to see whether you qualify for any relief options that could help you restore these rights.

In this blog, we will discuss whether California laws allow convicted felons to own firearms and what you can do to regain your gun ownership rights after a conviction. Keep reading to learn more.

“Felon In Possession of a Firearm” Law Under California Penal Code 29800

In California, Penal Code 29800 bars people from owning, possessing, or buying a gun if they have been convicted of felonies. While many refer to PC 29800 as the “felon with a firearm law,” it also includes those who have been convicted of certain misdemeanors. According to PC 29800, you cannot possess a gun if you:

  • Are a Convicted Felon (PC 29800 (a) (1))

If you have been convicted of a felony in any state, county, or by the federal government, you cannot own a firearm in California. PC 29800 (a) (1) also applies if your federal felony would be considered a felony in California, or if you served more than thirty days in a federal prison, or were fined over $1,000, or both.

  • Are Convicted of Certain Misdemeanors

Some misdemeanor convictions can also ban you from owning a firearm. Examples of these misdemeanors include:

  • Sexual battery (Penal Code 243.4)

  • Criminal threats (Penal Code 422)

  • Inflicting corporal injury on a spouse or significant other (Penal Code 273.5)

  • Are Addicted to Narcotics

If you are addicted to narcotics, you cannot own, possess, buy, or receive a gun. California considers you an addict if:

  • You feel emotionally dependent on a certain narcotic

  • You need more of the drug to feel the same effects

  • You experience withdrawal symptoms if you suddenly stop using it

To prove that you illegally possess a gun, California district attorneys need to show three things to a jury beyond a reasonable doubt:

  1. You owned, bought, received, or had the firearm

  2. You knew you possessed the firearm

  3. You are a felon or belong to any of the above prohibited persons classifications

What Counts as a “Firearm” in CA?

California PC 16520 lists devices that California considers firearms. According to PC 16520, a firearm is any device made to shoot a projectile through a barrel using an explosion or some kind of combustion. This definition also covers things like rockets or launchers that shoot projectiles with explosive or flammable materials, even if they are meant for emergencies or signaling.

For this blog, we can break down firearms into two main types: guns and rockets.

Guns

Some common types of guns include:

  • Handguns

  • Revolvers

  • Pistols

  • Rifles (both long and short-barreled)

  • Assault weapons

  • Shotguns

  • Machine guns

Rockets and Rocket Launchers

California Penal Code 16520 also includes these items as firearms:

  • Rockets

  • Rocket launchers

  • Any similar device that has explosive or incendiary materials, even if they are meant for emergency signaling

Pellet guns and BB guns are not considered firearms under these laws. Also, under PC 16520, it does not matter if a firearm is loaded or not for you to face a conviction under PC 29800.

What Does Possession Mean?

In California, “possession” means having control over something. There are two kinds of possession:

  1. Actual possession

  2. Constructive possession

“Actual possession” means you physically have control of a firearm, like when it is on your person or in your backpack. On the other hand, “constructive possession” means you can access a firearm or have the right to control it, such as when it is stored in your garage or cabinet.

Penalties for PC 29800 Felon with a Firearm Conviction

If you violate Penal Code 29800 PC, the prosecutors will charge you with a felony. The penalties for this offense can include:

  • Up to three years in jail

  • A fine that can go up to $10,000

  • Formal probation

If an undocumented immigrant with a previous felony conviction is convicted of violating PC 29800, they could face serious immigration issues, including deportation.

U.S. Federal Law On Felons Owning Firearms

Many states have laws that limit or take away the right to own or possess guns for convicted felons. However, Title 18 of the United States Code 922g outlines stricter rules about gun possession for convicted felons and some other individuals, such as those who have restraining orders against them, or those with a history of mental illnesses.

18 U.S.C. 922g comes into play when it comes to gun possession or transportation that involves “interstate or foreign commerce,” like when the perpetrator crosses state or national borders.

If someone is charged with felony gun possession within California, meaning they did not receive the gun from another state or cross state lines with it, then California’s laws will apply, and the possession of the firearm will not be treated as a federal crime.

Violating 18 U.S.C. 922g is a felony, too. If you are convicted, you could end up facing 10 years in federal prison and $250,000 in fines. This sentence might be even longer under the Armed Career Criminal Act (18 United States Code 924(e)) if you have three or more previous felony convictions for certain serious drug offenses or violent felonies

The Differences Between California and Federal Gun Ownership Laws

Many federal gun restrictions are similar to California’s gun laws. But when California and federal firearm laws conflict, federal laws override state laws. The Constitution includes a Supremacy Clause that stops states from hindering the federal government’s ability to use its constitutional authority.

Misdemeanor Domestic Violence Crimes

One area where the laws differ is after someone gets convicted of a misdemeanor domestic violence offense. In California, state law allows a person convicted of a misdemeanor DV to regain their gun rights after 10 years. But on the federal level, there is a lifetime ban on firearms after such convictions.

Right now, the only option for lifting a federal gun ban is to get a presidential pardon, which does not happen very often. So, if you are convicted of a misdemeanor DV offense, you will not be allowed to legally own a gun in California.

Mental Illness

Federal and California laws treat mental illness differently. If someone is involuntarily committed because they are seen as a threat to themselves or others, California law says they cannot own a firearm for five years. On the other hand, federal law states that anyone deemed mentally ill or held at a mental hospital cannot own a gun for life. So, if you have ever been held in a mental treatment facility, you cannot legally have a gun in California.

Reinstating Your Gun Rights in California

In California, the gun laws, along with federal regulations, make it tough for anyone with a felony conviction to own a gun again. But there are some ways to work around this, including:

Lowering Your Felony “Wobbler” to a Misdemeanor Offense

A “wobbler” is an offense that may be charged either as a misdemeanor or felony, depending on the specifics of your case. If the court found you guilty of an eligible felony wobbler offense, you can get your gun ownership rights back by having your felony changed to a misdemeanor.

However, some offenses do not qualify, such as:

  • “Straight” felonies, which can only be prosecuted as felonies

  • Misdemeanors that come with a 10-year gun restriction

  • Felonies that involved using a dangerous weapon

  • Felonies that led to a prison sentence in California

  • Domestic violence convictions

If you have qualifying felony wobbler offenses, you can have them reduced. You can petition when:

  • You have a wobbler felony conviction and are serving your probation. You will have to petition to terminate your probation

  • You have a felony conviction but never got probation, just a county jail sentence

  • You finished your probation or county jail time after your felony conviction

If the judge lowers your felony charge to a misdemeanor, you can reinstate your rights to own a firearm. However, if your misdemeanor charge comes with a 10-year gun ban, you will have to wait 10 years to possess a firearm again.

Certificate of Rehabilitation (COR)/ Governor’s Pardon

You can receive your gun rights back through a governor’s pardon. However, not every pardon will restore your gun ownership rights. The governor’s pardon needs to be “unconditional and full,” or clearly state that you can possess a firearm.

Also, this pardon is not similar to an expungement. It will not erase or seal your criminal history, but it can give you back certain privileges, including the constitutional right to own a gun.

Who Can Qualify For a Governor’s Pardon?

If you have been charged with a felony in California that cannot be reduced to a misdemeanor offense, you might qualify for a governor’s pardon.

The main thing you need for this pardon is to have shown exemplary behavior over a long time. Usually, you will not be proposed for a pardon except if you have completed your parole or probation for a minimum of ten years without getting into any legal trouble during that time.

Only crimes committed in California can qualify for a pardon. If you have been convicted in a different state, you will need to apply for the governor’s pardon there. For felony convictions under federal gun law, you have to seek a Presidential pardon.

Applying For a Direct Pardon

You can apply for direct pardons when you do not qualify for a COR. Direct pardons are mainly for people who:

  • Got charged with an offense in California but now live out of state, or

  • Were convicted of certain misdemeanor sex crimes

Typically, you will not be able to apply for a direct pardon except if you have been off parole or probation for a minimum of 10 years and have not had any new criminal issues during that time. However, if you can show exceptional circumstances, like proving your innocence, they might overlook the ten-year requirement.

You can find the application for the direct pardon on the state’s Governor’s website.

Once you fill out your application, you need to send a Notice of Intent to Apply for Clemency to the DA in every county where you were sentenced. The Notice of Intent is required by law.

The DA will send the notice back to the office of the governor, and you will receive an acknowledgment. After you get that, you can send your completed application back to the California governor’s office.

The governor holds the discretion to issue pardons for direct pardons and those given after receiving a COR. However, if you have more than one felony conviction, the governor cannot give you a pardon except if a large majority of the justices from the Supreme Court advocate for it. But the Governor does not have to ask the court for that recommendation. Also, not every pardon will restore your right to own a gun. The pardon needs to specifically say that you can possess a firearm.

Certificate of Rehabilitation (COR)

A Certificate of Rehabilitation is a court ruling that shows you have turned your life around after being charged with a crime. To apply for the COR:

  • You must have been found guilty of a felony in California

  • You must be currently living in California

Receiving a COR does not automatically give you back your gun rights in California. You will still need a pardon from the governor. If you do receive a COR, it immediately acts as your petition for a governor’s pardon, so you will not have to petition for anything else.

To apply for a COR, you need to go to the superior court in your county. You should have lived in the state for a minimum of five years after either finishing your term or being released on probation or parole. Plus, you need to add an extra two to five years, based on what offense you were convicted of.

You cannot receive a COR if you’re serving compulsory life parole, were sentenced to death, or perpetrated some sex offenses against a child.

What Are Some Common Defenses Against a “Felon With a Firearm” Charge?

There are some legal defenses that you and your defense attorney can use to fight a PC 29800 charge in California:

  • The police found the gun during an illegal search, so the court cannot use it as evidence

  • Someone else had the gun, and you were mistakenly identified

  • You genuinely did not know the gun was there, or did not actually possess it

  • You or someone else faced an immediate threat of death or serious injury, which justified using the gun for self-defense or to protect others

  • Someone falsely accused you of having a gun to cause you trouble

Can a Defense Attorney Help You?

If you have been charged with violating PC 29800, it is a good idea to talk to a criminal defense attorney. If you are facing felony charges, a defense attorney can work on getting those charges reduced so you will not risk losing your gun rights. They can also help you fight a charge if there is a legal reason to do so, like if the police arrested you without a good reason. They can also check your criminal history to see if there is a chance to restore your gun rights.

Also, anything you discuss with your attorney is confidential because of the attorney-client relationship. That means your lawyer cannot share what you talk about without your permission.

Find a Criminal Defense Attorney Near Me

In California, firearm offenses come with harsh penalties. If you or your loved one has been charged with having a firearm after a felony conviction, you should find a seasoned criminal defense attorney right away. Your attorney will take a look at your charges and criminal history. They can help you find out if you are eligible to apply for a Certificate of Restoration of Rights (COR) or a governor’s pardon, which might help you get your rights back. If you do not restore your gun ownership rights as a convicted felon, it will be illegal for you to buy or own a gun in the state.

If you or someone you care about needs help restoring gun ownership rights and wants to consult with an attorney, reach out to the Los Angeles Criminal Attorney. Our skilled lawyers are ready to help you regain your firearm ownership rights. We know California’s firearm laws and court system well, and we understand how important these rights are to you. Reach out to our law offices today at 424-333-0943 to set up a consultation and talk about your options.