Short Answer: You could. It depends on the nature of your conviction. California has some of the strictest gun laws in the United States, and even certain misdemeanor offenses can result in losing your right to own or possess firearms—sometimes for life.
At Carolyn L. Oliver | Criminal Defense Law Firm, we help clients navigate complex firearm restrictions tied to criminal convictions. Here’s what you need to know.
Felony Convictions
If you are convicted of a felony in California, you will lose your gun rights for life under both state and federal law. However, in some limited cases, firearm rights may be restored—but only if:
- The felony is reduced to a misdemeanor under Penal Code § 17(b), and
- There are no federal restrictions that still apply (for example, under the federal Gun Control Act).
Even if state rights are restored, federal law can still prohibit possession, making it crucial to consult with an experienced attorney before making any assumptions.
Misdemeanor Convictions
Certain misdemeanor convictions can also result in lifetime bans on firearm possession under California law. For example:
- Two separate convictions for brandishing a firearm, or
- A single conviction for:
- Assault with a machine gun or assault weapon
- Assault with a firearm on a peace officer
- Shooting at an inhabited dwelling or vehicle
- Brandishing a firearm at a peace officer
Additionally, about 40 specific misdemeanors carry 10-year firearm bans in California. These include—but are not limited to:
- Assault
- Battery
- Brandishing a weapon
- Making criminal threats
- Domestic battery
- Criminal harassment
State vs. Federal Law Conflicts
One of the most confusing issues arises when California and federal laws conflict. For instance:
- Under California law, a conviction for misdemeanor domestic violence results in a 10-year firearm ban.
- Under federal law, that same conviction can trigger a lifetime ban.
This means even after your California rights are restored, you could still face federal firearm restrictions unless the conviction is expunged, reduced, or otherwise resolved in accordance with federal standards.
Protecting or Restoring Your Gun Rights
If you’re facing charges—or already have a conviction—you may have options. Depending on your case, we may be able to:
- Reduce a felony to a misdemeanor
- Seek a dismissal (expungement) of the conviction
- Petition to restore firearm rights (if legally eligible)
However, restoration is complex and often subject to both state and federal review. Any misstep could result in additional criminal charges for illegal firearm possession.
Let Our Firm Help You Navigate Your Gun Rights
At Carolyn L. Oliver | Criminal Defense Law Firm, we understand what’s at stake. Your Second Amendment rights are too important to risk by misunderstanding the law. We’re here to help you explore every available option—and fight to protect your rights from the start.
📞 Call us today at (858) 456-3572 to schedule a confidential consultation and find out where you stand.
The contents of this article are for informational and marketing purposes only and do not constitute legal advice. Viewing or using this blog does not form an attorney-client relationship. No guarantees or predictions are made regarding legal outcomes.
