Blair Defense Criminal Lawyers | February 25, 2017 | State Law
Some states have very relaxed laws on how to restore your gun rights. For instance, in Minnesota, if you have been convicted of a non-violent felony, you can regain your firearm the moment you are finished with your sentence.
Even those who are violent felons can petition the court to have their rights restored. However, California is a lot different when it comes to restoring these rights. In fact, they are said to have the most difficult laws to regain rights after they have been lost.
The Second Amendment gives you the right to bear arms – however, in certain circumstances, this is not the case. If you are a convicted felon, you have lost that right in California.
Even those who have been convicted of very serious misdemeanors may lose the right to possess a gun in California. How do you restore your rights even though a felony can gain you a lifetime ban? Do you have options in these cases?
How to Restore Your Rights
Depending on your conviction, you may be able to restore your California gun rights by reducing a felony “wobbler” to a misdemeanor or obtaining something known as a California gubernatorial pardon. Here are those processes, explained:
- Reducing a Felony: If you have been charged with a “wobbler,” this means that your crime could have been charged as either a felony or a misdemeanor. If you can reduce your felony to a misdemeanor, you may be able to restore your gun rights. If you were convicted of a wobbler and you have completed your probation or jail time, you can speak to your attorney about filing a petition with the court.
- Governor’s Pardon: In another case, you could receive a Certificate of Rehabilitation or a Governor’s Pardon. Though not all pardons will restore gun rights, you will sometimes be able to do so. If you have been free of crime for ten years or more after a conviction, this may hold in court.
Because these laws can be tricky, it is best to speak to us today. We will help you understand whether or not you are eligible for restoring gun rights in your case.