Can I own a gun in California with a felony?
Direct Answer: No
In the state of California, individuals with a felony conviction are prohibited from owning or possessing a firearm. This prohibition is enforced through the California penal code and is intended to protect public safety by limiting access to weapons by individuals who have demonstrated a disregard for the law and may pose a risk to themselves or others.
Felony Conviction Prohibition
Under California Penal Code section 29800, any person who has been convicted of a felony is prohibited from:
• Owning a firearm
• Possessing a firearm
• Manufacturing, repairing, or selling a firearm
• Carrying a firearm on public or private property
• Exchanging a firearm for a different firearm or other object of value
Felony Definitions
A felony is a crime punishable by more than one year in state prison. Examples of felonies in California include:
• Murder
• Manslaughter
• Rape
• Kidnapping
• Robbery
• Burglary
• Grand theft
• Vehicular manslaughter with gross negligence
Prior Convictions and Enhanced Punishments
California law also prohibits individuals who have prior felony convictions from owning or possessing a firearm. For example:
• PC 29900: If you have been convicted of a prior felony and are subsequently convicted of a misdemeanor, you will be punished as a felon.
• PC 29905: If you have been convicted of a prior felony and are subsequently convicted of a crime involving a firearm, you will be punished as a felon.
Restoration of Rights
In some cases, individuals who have been convicted of a felony may be able to have their rights restored. For example:
• California Constitution, Article II, Section 27: Provides that the governor may pardon or commute a sentence of a convicted person.
• California Penal Code, section 17: Allows a court to reduce a felony conviction to a misdemeanor in certain circumstances.
Legal Consequences of Possessing a Firearm with a Felony Conviction
If you possess a firearm in California with a felony conviction, you will be guilty of a felony, punishable by:
• Up to 10 years in state prison
• Fines
• Loss of voting rights
• Loss of gun ownership rights
• Civil liability
What Can You Do If You’re Convicted of a Felony in California?
If you’re convicted of a felony in California, it’s essential to:
• Hire a criminal defense attorney: An attorney can help you understand the legal implications of your conviction and provide guidance on restoring your rights.
• Seek legal counsel for firearm-related issues: If you’re a convicted felon, it’s crucial to consult with a legal professional before attempting to purchase, possess, or own a firearm.
• Consider applying for a pardon: If you believe your felony conviction was wrongful or that you’ve otherwise rehabilitated, you may be able to apply for a pardon through the governor’s office.
Conclusion
In conclusion, it is illegal to own or possess a firearm in California with a felony conviction. Individuals with felony convictions must adhere to strict laws and regulations, including prohibitions on owning, possessing, and manufacturing firearms. If you’re convicted of a felony, it’s essential to seek legal counsel to understand the legal implications of your conviction and to restore your rights when possible.
