Criminal convictions often come with numerous penalties and consequences. Some penalties are imposed by the court when you are sentenced after being convicted. Other penalties are not imposed by courts but are indirect consequences of your conviction. In California, and many other states, a criminal conviction can cost you certain rights. One such right that a conviction may impact is your right to purchase and own a gun.
You could lose your gun rights after certain types of criminal convictions. Your right to own a gun is guaranteed by the Second Amendment of the United States Constitution. However, guns are extremely dangerous weapons and are subject to numerous rules and restrictions. While most people have the right to own a gun, certain people, including people convicted of certain crimes, may be restricted. Generally, any felony conviction will cost you your gun rights. However, some misdemeanors will also cause you to lose your gun ownership rights.
It is extremely serious for the government to restrict or take away any right you have, including your right to own a gun. If you are facing charges that may result in you losing your gun rights, call our legal team for help. Our Los Angeles criminal defense lawyers will fight to help you keep your rights. Call our offices for a free legal consultation at (909) 861-8075.
What Kind of Convictions Can Cost You Your Gun Rights in California?
Not every conviction will cost you your gun rights. The laws surrounding gun rights and criminal convictions are somewhat complicated as it involves federal and state laws, some of which overlap while others do not. In general, a felony conviction in California will cost you your right to own a gun at the state and federal levels. In addition, certain misdemeanors, depending on their nature, may also see you stripped of your gun rights.
According to the California Department of Justice Bureau of Firearms, anyone convicted of any felony will be prohibited from owning a firearm. This includes both California state felonies and federal felonies. However, specific types of misdemeanors may also cost a convicted defendant their gun rights.
Any misdemeanor involving domestic violence may result in a loss of your gun ownership rights. Domestic violence may refer to any number of criminal charges applied to violence cases between domestic partners, spouses, or cohabitants. Other misdemeanors that may result in losing your gun rights include violent misdemeanors, misdemeanors involving guns or weapons, and misdemeanors committed against public officers or officials.
If you are afraid that a criminal conviction will cost you your right to own a gun, call our Riverside criminal defense attorneys for help. We can review your charges and figure out if your rights are at risk.
How Long Will I Lose My Gun Rights After a Criminal Conviction in California?
The duration of time you could lose your gun rights depends on what kind of crime you were convicted of. For example, many felony convictions result in a lifetime ban on gun ownership. However, certain misdemeanor offenses may only result in bans of 5 or 10 years. It is important to speak with our California gun rights lawyers about your case to determine how long you could lose your right to own a firearm.
Other crimes, like domestic violence, will result in a lifetime ban on gun ownership regardless of whether your offenses were charged as felonies or misdemeanors. Once we know how long your gun rights could be restricted, we can begin to challenge the restrictions.
Challenging Your Criminal Charges to Prevent a Loss of Gun Rights in California
If you have been charged with a criminal offense in California but are still awaiting trial, we can help you fight your charges to prevent you from losing your gun rights. If you have already been convicted and want to restore your gun rights, we may be able to offer guidance on the matter. Call our California gun rights attorneys to get help with your case.
One way to prevent the loss of your gun rights is to have your charges reduced from felonies to misdemeanors. A conviction of any felony offense will strip you of your gun rights. However, many misdemeanor offenses do not carry this penalty. It might be possible to work out a plea deal with prosecutors to have your felonies reduced to misdemeanors in exchange for a guilty plea. This way, you will serve a lighter sentence and be permitted to keep your gun rights.
Restoring Your Gun Rights After a Criminal Conviction in California
If your felonies cannot be reduced, or you have already been convicted, there might be other options to restore your gun ownership rights. In some cases, we can work to have your felonies reduced to misdemeanors after you have been convicted. This may be possible only after certain conditions are met, such as completing probation for your offense. Reduction from felonies to misdemeanors after conviction is highly discretionary and is not guaranteed. Additionally, it generally only lifts California’s restrictions on your gun rights. Federal restrictions may still be in effect and prohibit you from owning a gun.
One of the most certain ways to restore both your state and federal gun rights is to obtain a pardon from the governor of California. To receive a pardon, you must meet eligibility criteria that include completing probation or parole and at least 10 years of good behavior with no criminal activity. This may be very difficult to achieve for many defendants, even if they are eligible, and can only be done years after your conviction.
Contact our Long Beach criminal defense lawyers about your case and we can discuss the best way to restore your gun ownership rights.
Call Our California Gun Rights Attorneys
If you face criminal charges in California or have already been convicted, call our offices for assistance. Our California gun rights attorneys can help you challenge your charges or guide you through the process of restoring your gun rights. Contact our offices for a free legal consultation at (909) 861-8075.