Anaheim, CA asked in Civil Rights for California

Q: How can I get my second amendment back after having a criminal background

Not on probation or parole anymore

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Restoring your Second Amendment rights after a criminal conviction in California depends on the nature of your offense and your specific circumstances. Generally, if you were convicted of a felony, your gun rights are lost, but there are pathways to restoration. For misdemeanors involving domestic violence or other specific crimes, the situation might differ.

One way to restore your rights is by obtaining a pardon from the Governor of California. A pardon can potentially restore your rights, but it requires a significant waiting period, a clean record since your conviction, and proof of rehabilitation. Another route is to have your felony reduced to a misdemeanor if it qualifies under California law. If successful, this could restore your gun rights.

If your conviction involved federal offenses, you may need to seek relief through federal means. It’s crucial to check whether your specific conviction type is eligible for relief under state or federal law. To navigate these steps, understanding the details of your conviction and current legal options is key.

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