Can an ex felon own a gun in California?

Can an Ex-Felon Own a Gun in California?

California has some of the strictest gun laws in the country, and ex-felons are no exception. If you have a prior felony conviction, it may be illegal for you to own or possess a firearm in the state. But what about ex-felons who have served their time and are trying to turn their lives around? Can they own a gun in California?

The Short Answer: It’s Complicated

The short answer is no, ex-felons are not automatically barred from owning a gun in California. However, they may still face significant obstacles and legal hurdles. Let’s dive deeper into the complex legal landscape surrounding ex-felons and firearms in California.

Felon in Possession Laws

Under California Penal Code section 29800, it is illegal for any person who has been convicted of a felony to possess, receive, or buy a firearm. This statute applies to anyone who has been convicted of a felony, including those who were convicted under federal law or the laws of another state.

Mandatory Gun Ban for Certain Felony Convictions

However, California has a mandatory gun ban for certain felony convictions. Under California law, ex-felons who have been convicted of specific felonies are barred from owning or possessing firearms for a certain period. These felonies include:

• Assault with a deadly weapon: 10 years from the date of release from custody or probation
• Felony domestic violence: 10 years from the date of release from custody or probation
• Sex crimes: lifetime ban
• Violent felonies: 10 years from the date of release from custody or probation

Non-Violent Felony Convictions

But what about non-violent felony convictions? Are ex-felons who were convicted of non-violent felonies barred from owning a gun? The answer is not necessarily. While these individuals may not be prohibited from owning a firearm under California law, they may still face significant legal hurdles.

Waiting Period for Firearm Purchases

Even if an ex-felon is not prohibited from owning a gun, they may still be subject to a waiting period before purchasing a firearm. Under California law, ex-felons are required to wait 10 days after applying for a background check before purchasing a firearm.

Prohibitions and Restrictions on Firearm Possession

Even if an ex-felon is legally allowed to own a firearm, there may be prohibitions and restrictions on firearm possession. For example, ex-felons who have been convicted of a felony involving the use of a firearm are barred from owning or possessing any firearm. Additionally, ex-felons who have been convicted of a felony and have served time in prison are prohibited from owning or possessing a semiautomatic firearm that can accept a detachable magazine.

Ex-Felon Rights Restoration

But what about ex-felons who have completed their sentences and are seeking to have their rights restored? California law allows ex-felons to have their gun rights restored if they have been convicted of a felony and have served their sentence, including probation and parole. The process of restoring gun rights is typically done through the California Department of Justice, which conducts a background check to ensure the individual has not been convicted of a subsequent felony or has not otherwise lost their gun rights.

In Conclusion

While the laws surrounding ex-felons and firearms in California can be complex and restrictive, there is hope for redemption and rehabilitation. Ex-felons who have completed their sentences and are seeking to turn their lives around may be eligible to have their gun rights restored. However, it is crucial to understand the legal hurdles and restrictions that may still apply. Before attempting to own or purchase a firearm, ex-felons should consult with an attorney to ensure compliance with California law.

Key Takeaways:

• Ex-felons who have been convicted of specific felonies are banned from owning or possessing firearms for a certain period
• Non-violent ex-felons may still face legal hurdles and restrictions on firearm possession
• Ex-felons who have completed their sentences and have had their rights restored may be eligible to own firearms
• Consult with an attorney before attempting to own or purchase a firearm if you have a prior felony conviction

Table: California Gun Laws for Ex-Felons

References:

• California Penal Code section 29800
• California Department of Justice, Firearm Rights Restoration
• California Attorney General’s Office, Gun Violence Restraining Orders