Can I own a gun if I have a felony? 17 Answers as of May 30, 2013

I want to know if I can own a gun if I have a non-violent felony on my record. Were my rights taken away? I was charged with fraud and have never owned a gun before.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No unless you obtain a certificate of rehabilitation and governor's pardon.
Answer Applies to: California
Replied: 6/12/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
To start with the law states; Any person who (a) has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or (b) is addicted to any narcotic drug may not own or have in his or her possession, custody, or control any firearm . (Penal Code ? 12021(a).) It is unlawful for any person who is prohibited from possessing firearms, to possess ammunition. (Penal Code ? 12316(b).) However, it is not necessarily all felonies. Only the ones punished by state prison. A felony conviction refers to a conviction of an offense that can only result in felony punishment under California law or any sentence to a federal correctional facility for more than 30 days, or a fine of more than $1,000, or both. (Penal Code ? 12021(f).) Some felonies are punishable as a misdemeanor or a felony. If your felony is one of these you can own a firearm. Consult with an attorney to find out if the Penal Code you were convicted under is one of these.
Answer Applies to: California
Replied: 3/5/2012
Bensmochan & Poghosyan, LLP
Bensmochan & Poghosyan, LLP | Ruzanna Poghosyan
Under California Penal Code Section 12021, a person who has been convicted of* any** *felony is prohibited from exercising his/her gun rights forever. However, there are ways to restore your gun rights in California. If, for example, your fraud conviction was a wobbler offense, your attorney may reduce your felony to a misdemeanor and your gun rights will be restored (subject to one exception); or if it was a straight felony, your attorney may obtain a Certificate of Rehabilitation which will also restore your California gun rights (again, subject to one exception). Contact a California criminal defense attorney to discuss your options privately.
Answer Applies to: California
Replied: 3/5/2012
Law Office of John R. McCardle | John R. McCardle
No.
Answer Applies to: California
Replied: 5/30/2013
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
You can only possess a gun if you have been granted relief under Penal Code 1203.4 or a Certificate of rehabilitation. And pardon.
Answer Applies to: California
Replied: 3/2/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    No, you cannot own a gun if you have been convicted of a felony, especially under federal law, which is a lifetime ban. Sorry.
    Answer Applies to: California
    Replied: 3/2/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can I own a gun if I have a felony? NO. No further discussion needed. You lost your firearms rights for life upon conviction of any felony.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Office of Anthony Sessa
    Law Office of Anthony Sessa | Anthony Sessa
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    No, you may not possess a gun in the State of California if you are a convicted felon.
    Answer Applies to: California
    Replied: 3/2/2012
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    As a convicted felony in California, you may not own, possess,have under your control or use a firearm in California, for life. This is not the end of the story, however. You may be eligible to have your gun rights restored. First, once probation terminates, file a Motion to Dismiss pursuant to Penal Code section 1203.4. For charges that are wobblers, as most species of fraud usually are, it is common and usual to move to withdraw your plea, have the charge reduced to a misdemeanor (pursuant to Penal Code section 17(b), and which must be done, by the way), and then dismissed. If the charge was not a wobbler and you went to prison, then you would need a 'Certificate of Rehabilitation' (which is possible, and is an automatic petition for a Governor's Pardon), or a Governor's Pardon (which is a long and highly uncertain process, and not easy to obtain), and for which you could not even apply until seven years after discharging parole. Other crimes would prohibit you for life from owning a firearm, regardless of the 1203.4 relief or a 'Certificate of Rehabilitation', as Federal Law trumps State Law on this issue. That does not seem to be your problem, here.
    Answer Applies to: California
    Replied: 3/2/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    No.
    Answer Applies to: California
    Replied: 5/30/2013
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