Can You Own a Gun in California with a Felony?
California is known for its strict gun laws, and for good reason. The state has a reputation for being at the forefront of gun control efforts in the United States. With a felony conviction, it’s even more challenging to own a gun in California. In this article, we’ll dive into the laws surrounding gun ownership with a felony in California, and explore the options available to those with a criminal record.
Can You Own a Gun in California with a Felony?
The short answer is no, but it’s not a straightforward "no." In California, a person with a felony conviction is prohibited from owning, possessing, or purchasing a firearm. California Penal Code Section 29800 explicitly prohibits individuals with a felony conviction from owning or possessing a firearm. This includes firearms such as handguns, rifles, shotguns, and even ammunition.
Felony Definition
Before we dive into the specifics, it’s essential to define what a felony is in California. A felony is a crime punishable by a sentence of more than one year in state prison. This includes crimes such as murder, robbery, assault with a deadly weapon, and certain drug-related offenses.
Exceptions to the Rule
While a person with a felony conviction cannot own or possess a firearm, there are some exceptions to the rule. If you have a felony conviction and you’re interested in owning a gun, you may be eligible for early restoration of rights. This means that your right to own a gun can be restored if:
- You’ve completed your sentence and been released from custody or parole
- You’ve been rehabilitated and have shown good conduct
- You’ve undergone a thorough background check
Table: Early Restoration of Rights
| Type of Felony | Length of Time Since Conviction | Additional Requirements |
|---|---|---|
| Non-violent felony | 5 years | |
| Non-violent felony | 10 years | |
| Violent felony | 10 years | Completion of rehabilitation program |
As you can see from the table above, the length of time since your conviction and the type of felony you were convicted of play a significant role in determining your eligibility for early restoration of rights.
Expungement
Another way to regain your right to own a gun in California is through expungement. Expungement is a legal process that allows you to erase your felony conviction from your criminal record. This means that the conviction will no longer appear on your criminal record, and you will be eligible to own a gun once again.
Table: Expungement Eligibility
| Felony Type | Eligibility |
|---|---|
| Non-violent felony | Eligible after 7 years |
| Violent felony | Ineligible for expungement |
It’s important to note that not all felons are eligible for expungement. The eligibility criteria are strict, and you will need to demonstrate that you have been rehabilitated and are no longer a danger to society.
Rehabilitation and Good Conduct
As part of the early restoration of rights or expungement process, you will be required to demonstrate good conduct. This means that you will need to show that you have led a law-abiding life since your conviction and have not been involved in any further criminal activity.
Background Checks
Even if you’ve had your felony conviction restored or expunged, you will still be required to undergo a background check before purchasing a firearm. The background check will be conducted by the California Department of Justice (DOJ), and will include a thorough review of your criminal record.
Conclusion
While it may be possible to own a gun in California with a felony conviction, it’s a complex and challenging process. If you’re interested in owning a gun with a felony record, you should consult with an attorney who is familiar with California gun laws. They can help you determine your eligibility for early restoration of rights or expungement, and guide you through the legal process.
Key Takeaways:
- A person with a felony conviction is prohibited from owning or possessing a firearm in California
- There are exceptions to the rule, including early restoration of rights and expungement
- Early restoration of rights requires a minimum of 5 years since conviction, and additional requirements may apply
- Expungement is only eligible for non-violent felony convictions after 7 years
- Rehabilitation and good conduct are essential for early restoration of rights or expungement
- A background check is required even after conviction restoration or expungement
