Will I lose my gun rights if convicted of a crime?
Short Answer: You could. It depends on the charge(s) you have been convicted of. California has some of the strictest laws in the nation relating to possessing firearms.
Felonies
You will lose your gun rights for life if convicted of a felony. However, you might be able to restore your gun rights at some point, assuming there are no federal restrictions prohibiting you from doing so, if you are able to get certain felonies reduced to misdemeanors after initially sustaining a felony conviction.
Misdemeanors
You will also lose your gun rights for life if convicted of certain misdemeanors. What are those misdemeanors? Two convictions for brandishing a firearm or just one conviction of any of the following:
- assault with a machine gun or assault weapon
- assault with a firearm against a peace officer
- shooting at an inhabited dwelling or car
- brandishing a firearm at a peace officer
There are about forty misdemeanor charges that will subject you to a ten-year firearms ban in California. Those charges include but are not limited to assault, battery, brandishing a weapon, and making criminal threats.
State vs. Federal
It gets a little confusing when California law and federal law conflict. For example, if you are convicted of a misdemeanor domestic violence charge in California, you will be banned from owning or possessing a firearm for ten years. However, under federal law you could be banned for life for having been convicted of the same offense.
If you are looking to protect or restore your gun rights, make sure you hire a quality, locally experienced, criminal defense law firm to maximize your chances at success. We are just one phone call away at (619) 295.3555.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Author Bio
David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.
Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.
His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.
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