Restoring Gun Rights After a Federal Felony Conviction in California

When someone has a federal felony conviction, regaining the right to possess firearms is a complex process governed by both federal and state law. Here’s an overview of how the process works, what exceptions exist, and the typical timeline.

Federal law prohibits anyone convicted of a felony from owning, possessing, or purchasing firearms. This prohibition generally applies for life unless a person takes steps to have their rights restored. In California, state law also restricts gun ownership for people with felony convictions, but there are certain processes to potentially restore these rights.

The primary federal pathway to restore gun rights is through a Presidential Pardon. Only the President of the United States can grant a pardon for a federal felony, which can restore the right to own firearms. The pardon does not erase the conviction but can lift certain civil restrictions associated with it, including gun rights.

Another federal mechanism is relief from firearms disability under 18 U.S.C. § 925(c), which allows certain individuals convicted of a felony to apply for permission from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to possess firearms. These applications are rarely granted and require demonstrating rehabilitation, a clean record since the conviction, and a compelling reason for restoration.

At the state level, California law allows some individuals convicted of felonies to petition the court to restore their firearms rights after completing their sentence, including probation or parole. The court will consider factors such as the nature of the offense, time since the conviction, and evidence of rehabilitation. Certain convictions, such as violent felonies or serious sex offenses, may permanently bar restoration under state law.

The process generally involves filing a formal petition with the court, providing documentation of the felony, completion of sentence, and character references or evidence of rehabilitation. The court may hold a hearing and notify the district attorney, who can oppose the petition. If approved, the person’s right to own or possess firearms under California law is restored.

Exceptions exist for people convicted of violent crimes, major drug offenses, or certain sex crimes; these individuals may be permanently prohibited from possessing firearms under both federal and state law. Additionally, anyone with pending criminal charges or probation violations cannot have their rights restored.

The timeline for restoring gun rights varies widely. Federal pardons can take years and have no guaranteed outcome. State petitions may take several months to over a year, depending on the court’s schedule, the complexity of the case, and whether the district attorney contests the petition.

Restoring gun rights after a federal felony is a highly individualized process requiring careful attention to legal procedures, eligibility requirements, and potential exceptions.