Can a Felon Own a Gun in California?

Can a felon own a firearm in California? The brief answer to this question is no. California gun control statutes are some of the harshest nationwide. That said, being sentenced for any felony crime or particular misdemeanor violations will disqualify you from owning or possessing a firearm for life. You are prohibited from even having a firearm under your control or custody if you are a convicted felon. Continue reading to learn more about whether a felon in California can own a gun.

What Happens If a Felon in California Owns a Gun?

If you are a convicted felon and the authorities catch you with a firearm, you will be subject to criminal prosecution for another offense called ‘’felon with a firearm.’’ The crime of “felon with a firearm” is described under PC 29800. If you have been convicted of a felony, this law also forbids you from receiving, purchasing, owning, or having control, custody, or possession of a gun.

For the judge to sentence you for the crime of felon in possession of a firearm, the prosecution must demonstrate certain facts beyond a doubt. These facts are known as the elements making up the crime. They include the following:

• You purchased, possessed, received, or owned the gun
• You were aware you had purchased, possessed, received, or owned the gun
• You are a convicted felon or somebody else covered under the law.

A firearm or gun refers to any device meant to be utilized as a weapon and which utilizes a combustion or explosion to expel a projectile via a barrel. The firearm need not be loaded or in working condition to be convicted of the crime of felon with a firearm. Examples of devices considered firearms are handguns, concealed guns, and long guns.

To be deemed a felon per the law, a court must have found you guilty and sentenced you for a felony crime. Note that felony convictions in other states also apply for purposes of a felon with a firearm conviction, and not only those that happen in California. Federal and juvenile felony convictions also apply.

Note that this law does not apply only to convicted felony offenders. It also prohibits you from possessing or owning a gun if

• You are a narcotics addict
• There is an outstanding arrest warrant against you for any felony crime
• You have ever been sentenced for a violent gun offense, even when it is deemed a misdemeanor

Possessing a gun does not necessarily imply that the firearm was on you or that you were holding it. For purposes of this law, possession involves both constructive and actual possession. For actual possession, you must consciously and directly have physical control of an item. On the other hand, you are considered to be in constructive possession of something if you can consciously control it, be it through somebody else or directly.

However, possessing a gun necessitates more than simply momentary possession. The law does not consider it possession when you can prove, by a preponderance of the evidence, that you:

• Had the gun only for a transitory or momentary period
• Did not mean to stop the police from confiscating the firearm
• Had the firearm to discard it

If found guilty of violating PC 29800, you can be subject to a prison sentence that does not exceed three years. When you have finished serving your sentence and are released, a prevalent probation condition for this crime is to refrain from possessing guns.

You can fight against “a felon with a gun” charges. With the help of your lawyer, you can have the court dismiss these charges, avoiding the consequences that come with the crime. Some of the defenses your lawyer can help argue include the following:

• You or somebody else was subject to an imminent risk of severe bodily harm or death, so you had a valid reason to use the firearm to defend yourself or others
• Somebody wrongly accused you of possessing a gun to land you in trouble
• Somebody else possessed or owned the firearm, and you are the victim of mistaken identity
• You did not have constructive or actual possession of the gun
• You genuinely did not know of the gun's presence
• Law enforcement found the firearm through an illegal search and seizure, and thus, the judge should not allow its admission into evidence.

Can I Own a Gun When Staying With a Convicted Felon?

The answer to this question is yes. You can possess, purchase, or own a firearm if you reside with a convicted felon in California. Nevertheless, keeping your firearm in your residence is not ideal. Rather, you should store it in a remote storage unit that is only under your name.

Should you store a firearm in your residence, the felon you stay with may face charges for constructive gun possession, even when you store the firearm locked away in a safe. Also, the prosecution might try to accuse you of aiding and abetting a felon to acquire a gun.

Some Misdemeanor Convictions Can Also Disqualify You from Owning a Gun.

Particular past misdemeanor convictions also strip offenders of their right to possess or own a gun permanently. Many more misdemeanors will result in a ten-year prohibition from possessing or owning a gun.

Permanent Firearm Ban

Prior misdemeanor convictions that result in a prohibition to possess or own a gun for life include the following:

• More than one prior conviction for brandishing a weapon or firearm, per PC 417
• Violent utilization of a gun per PC 23515, which includes the following:
• PC 245a2, assault using a gun
• PC 245a3, assault using an assault weapon or machine gun
• PC 245d, assault using a firearm, assault weapon, or machine gun on a firefighter or peace officer
• PC 246, shooting at an occupied motor vehicle or inhabited dwelling

Some of the crimes mentioned above are deemed wobblers. That means the prosecution can try them as felonies or misdemeanors based on the defendant's criminal history and the circumstances surrounding the case. If convicted of any felony, you will be stripped of your firearm rights. If convicted of a misdemeanor violation, but the conviction was for any of these crimes, you will be deprived of your firearm rights for your entire life.

Ten-Year Firearm Ban

Several other misdemeanor convictions carry a ten-year prohibition against gun possession in California. Examples of these convictions include the following:

• PC 240, assault
• PC 245a1, assault using a deadly or dangerous weapon
• PC 273.6, restraining or protective order violation
• PC 422, criminal threats
• PC 626.9, possession of guns in school zones

Federal Convictions and Convictions from Other States

If another state other than California deems a conviction a felony, then that conviction will prevent you from owning guns in California. But if it were a federal felony conviction, you would only be stripped of your constitutional right to possess a firearm if the following is true:

• A criminal conviction for the same crime in California would be deemed a felony
• The court imposed a federal prison sentence of more than thirty days or a fine exceeding $1,000.

Thus, if the federal crime were deemed a wobbler per California law, then being convicted of it should not make you lose your firearm rights. But there is a critical exception for domestic violence misdemeanors.

Convictions for Domestic Abuse

California laws impose a ten-year prohibition on gun possession or ownership for domestic abuse crimes. However, federal laws impose a lifetime prohibition, trumping California statute. If there is any federal misdemeanor domestic abuse offense on your record, you are guilty of a federal gun crime if you own or possess a firearm. A conviction carries a federal prison sentence that does not exceed ten years.

Also note that some states, including California, provide that an offender must surrender their guns if they have a protective or restraining order against them. Also, a judge might punish misdemeanor crimes by imposing a probation sentence on you. If the judge imposes probation, they can make one of the probation conditions be no possession or ownership of a gun until you have completed probation.

You Can Restore Your Gun Rights

Restoring firearm rights is not an easy task, and it is often impossible. In theory, if a court has found you guilty of any kind of felony offense, you will face a permanent firearm ban. However, two ways allow felony offenders to preserve or recover their firearm rights. They are the following:

Lowering a Wobbler Felony to a Misdemeanor

A wobbler is a crime that the prosecution can charge either as a felony or a misdemeanor, based on the facts surrounding the case and the defendant's criminal history. Receiving stolen property or goods is one example of a crime deemed a wobbler violation in California, based on the stolen property’s value.

One way of regaining your firearm rights under California law is to lower a wobbler felony conviction to a misdemeanor conviction. You can do so after the judge has already sentenced you for a felony crime by filing a petition in court. Should the court grant your request, you will cease to be a felon. After the charge reduction, the degree of your ban on firearm rights will be based on the consequences of that specific misdemeanor. Put otherwise, you may qualify to possess or own a firearm again.

Alternatively, you can seek to reduce your felony charge to a misdemeanor charge in the course of the criminal process, often via a plea bargain. If you have been accused of a felony offense, you might enter a guilty plea to a lenient misdemeanor crime. If that works, you may protect your constitutional right to bear arms.

For straight felonies, this option does not apply, as they cannot be lowered to misdemeanors. That said, straight felony convicts or defendants are ineligible for this option and may remain barred from possessing or owning firearms for life.

Seeking a Governor's Pardon

A governor’s pardon is an act that sets aside the punishment for an offense. That said, a governor's pardon can relieve you from the penalties of an offense, including the lifetime ban on owning or possessing a gun. For example, if you are serving a prison sentence, you can be released after a governor's pardon. Note that a pardon will not absolve you of the offense. It will only relieve you of the consequences that come with the conviction of that crime.

Remember, the California governor only pardons offenders for state offenses, not for federal crimes. Federal crimes are pardonable by the president. Also, it is crucial to note that the state governor is the only person eligible to pardon offenders for state offenses.

The governor has almost 100% discretion in deciding whether or not to pardon you. In many cases, you need to have stayed in California State for a minimum of seven years to qualify for a pardon. Also, you must not have been involved in any illegal conduct for a minimum of ten years. The governor may deny your petition for a pardon for virtually any reason or without any reason whatsoever.

If you stay in California, the pardon process involves two steps, as follows:

• Submitting a petition before a state superior court requesting a California COR (certificate of rehabilitation). A COR does not pardon your crime. However, you can utilize it to be eligible for a governor’s pardon.
• Should the Superior Court grant your request, your COR automatically becomes a request for a governor's pardon.

If you reside outside California, you cannot pursue a governor's pardon by filing a petition in a Superior Court for a COR. Rather, you must apply for the pardon to the Office of the Governor directly.

Note that an expungement will not restore your right to own a firearm. California state allows the expungement of almost all misdemeanors and some qualifying felonies. An expungement will relieve you from some of the burdens accompanying a conviction. For example, it will be as though you have committed the crime that led to the conviction to begin with. So, if anyone asks whether you have been convicted, you can always honestly answer no.

However, if you are a convicted felon, an expungement will not relieve you of all punishments of a conviction. This includes not restoring the right to own a gun.

When Recovering Your Firearm Rights Is Not an Option

There is no way you can regain your constitutional right to possess or own a firearm in California if you perpetrated a felony that involves domestic abuse or the utilization of a deadly weapon (not necessarily a firearm) to commit a crime.

If restoring your firearm right is not an option, avoid guns. If you do not, the consequences could be severe. You can face incarceration for not more than three years and a maximum of $10,000 in fines for the crime.

Check the statutes of other states to determine whether you can own or possess a firearm outside of California. They may apply even more severe consequences.

How a Defense Lawyer Can Help Restore or Federal Gun Ban

Federal laws prohibit you from owning or possessing a gun if:

• You have renounced your United States citizenship
• You were dishonorably discharged from the military
• You are an undocumented individual
• The court has committed you to a mental institution or adjudicated you as mentally defective.
• You are a drug addict
• You have faced conviction for misdemeanor domestic abuse
• You are deemed the restrained person in a domestic abuse restraining order.
• You have faced conviction for an offense punished by a prison sentence of not less than 12 months. This includes state and federal felonies and certain misdemeanors punishable by a prison sentence of over two years.

You could attempt to restore your gun rights by petitioning for a presidential pardon. Nevertheless, presidential pardons are rarely granted. Also, even if the president pardons you, it will apply to federal crimes only. The pardon will not impact state statutes that might still forbid you from owning guns.

Preserve Your Gun Rights

You want to consult a criminal defense lawyer if a court in California has convicted you of an offense. If charged with a felony, an experienced lawyer can try to have the charges lowered so you will not be subject to the likelihood of forfeiting your firearm rights. The attorney can also assist you in challenging the charges against you with legal defenses. For example, perhaps the law enforcement officers arrested you with no probable cause. In that case, your lawyer may successfully have your felony charges dropped.

If the court has convicted you of a felony, a defense attorney can assess your criminal history to see whether you may regain your firearm rights. Note that most lawyers provide complimentary consultations. That means they can provide you with legal counsel on felony offenders and firearms without paying any charges. Also, note that your communications with your lawyer are confidential and safe courtesy of attorney-client privilege. Per this privilege. Per this privilege, your attorney cannot reveal any confidential information you tell them without your consent.

Find an Experienced Gun Crimes Attorney Near Me

If you wish to learn more about felons and gun ownership in California or at the federal level, consult a skilled weapons crime attorney. At Los Angeles Criminal Lawyer, we can provide you with the information and advice you need about convicted felons owning or possessing guns. Call us now at 310-502-1314 to set up a free and confidential consultation. Our lawyers are knowledgeable about California and federal criminal law and will ensure the best outcome for your case.