Restoration of Firearms Rights

One’s right to possess firearms in California may be taken away by the government under certain circumstances.

For example, a felony conviction as well as certain misdemeanor convictions may lead to the relinquishment of such rights. Likewise, a detention based on a California Welfare and Institutions code section 5150 or 5250 hold can cause these firearm rights to be taken away.

However, there are ways in which one’s firearms rights can be restored. For example, in the case of someone convicted of a felony, post-conviction relief such as a certificate of rehabilitation and pardon (see CA Penal Code section 4852.01 et. seq.) will restore those rights. In fact, recent changes to California law have made the waiting time/required period of rehabilitation for such petitions shorter (CA Penal Code section 4852.22).

A reduction of the felony to a misdemeanor pursuant to CA Penal Code section 17(b) may also restore the right to possess firearms although there is a possibility that federal law would prohibit someone in such a case from still possessing firearms in this situation.

Often, the Department of Justice and/or the FBI deny someone’s attempt to purchase a firearm based on incorrect or inaccurate information.

For example, the Law Office of Jonathan Turner represented an individual who was convicted of a misdemeanor offense. However, the Department of Justice incorrectly believed the conviction was for a felony and thus denied a firearms request for that individual. Fortunately, through the legal process, attorney Jonathan Turner was able to clear up the misunderstanding and get his client his rights restored.

In short, it is not uncommon for the Department of Justice to have inaccurate records that lead someone to improperly having their request to purchase a firearm denied. Likewise, a person who is taken in on a CA Welfare and Institutions Code section 5150 or 5250 hold has a right to petition the court to maintain their firearms rights.

For example, someone taken in on a 72 hour “5150” hold for allegedly being a danger to themselves or others will often be informed that their city and county are attempting to destroy their firearms (see CA Welfare and Institutions Code section 8102) and prevent them from possessing firearms for at least 5 years (see CA Welfare and Institutions Code section 8103).

Fortunately, an individual faced with such a prospect has a right to a hearing in superior court to challenge the destruction of their firearms and the stripping of their right to possess firearms.

Such hearings are held before a superior court judge and include witness testimony as well as documentary evidence. The government must prove at these hearings that there is a likely danger to the individual or others if the person’s firearm rights are not taken away.