LOSING AND RESTORING YOUR FIREARM RIGHTS

Posted on: April 8, 2015 by in Criminal Defense
No Comments

California Penal Code 29800

Orange County criminal defense lawyerLosing your right to own a firearm may not be the harshest penalty in the criminal justice system, but for people who work in a number of jobs, losing your right to possess or own a firearm could negatively impact your employment and damage your future opportunities. If you are charged in Orange County with any of the crimes discussed here – now or in the future – speak about your case right away with an experienced Orange County criminal defense lawyer.

Your right to possess a firearm could be lost permanently if you are convicted of any felony in California under California Penal Code 29800 or if you’re convicted of threatening a law enforcement officer or intimidating witnesses, brandishing or negligently discharging a firearm, assault, battery, sexual battery, or domestic violence. A number of other misdemeanor convictions can result in a ten-year loss of your firearm rights. Domestic violence convictions are a leading reason why Californians lose their firearm rights. You can lose your firearm rights if you’re convicted for making criminal threats, stalking, or harassment. A Temporary Restraining Order may also prevent you from possessing a firearm.

It’s genuinely difficult to regain your firearm rights in California in fewer than ten years. A felony conviction in California imposes a lifetime ban on gun ownership, so an expungement of your conviction is a necessary step. Expungement, however, is not the first step in a complicated process. If you have a felony conviction that prevents you from possessing firearms, that conviction first must be reduced to a misdemeanor. If the court agrees, you may then request to have the misdemeanor conviction expunged.

However, some people will never restore their firearm rights in California; if you are convicted of brandishing or negligently discharging a firearm, or if you’re convicted of a violent felony, it’s possible you may never possess a firearm again. If you are charged with a crime in Orange County that threatens your firearm rights, or if you seek to restore those rights, contact an experienced Orange County criminal defense lawyer for help as soon as possible.

Comments are closed.