San Diego, CA asked in Criminal Law and Civil Rights for California

Q: Question regarding 10-year firearms restrictions for certain misdemeanors in CA

If someone was convicted (or plead no contest) to a PC 242 violation (simple battery), they recieve a 10-year ban from owning, purchasing or possessing firearms. Does this 10-year restriction automatically go away after the 10 year mark or is there a process to restoring your 2nd amendment rights?

Assuming they are not a federally prohibited person and was ONLY subject to the 10 year ban from CA.

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James L. Arrasmith
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Answered

A: In California, if you were convicted or pled no contest to a violation of PC 242 (simple battery), you are subject to a 10-year ban from owning, purchasing, or possessing firearms. This restriction is automatically lifted after the 10-year period, provided there are no other prohibiting factors.

Once the 10 years have passed, you do not need to go through a specific process to restore your Second Amendment rights, assuming you are not subject to any other state or federal firearms prohibitions. The lifting of the restriction is automatic under state law.

However, it is always a good idea to verify your status before attempting to purchase or possess a firearm. You can check your eligibility through the California Department of Justice's Bureau of Firearms or consult with an attorney if you have any doubts or concerns about your specific situation.

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