However, presidential pardons are rarely granted. As a practical matter, therefore, if you are convicted of MCDV in any court, you will never be able to possess a gun legally in California.
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The only way to avoid the federal lifetime ban is to avoid a domestic violence conviction in the first place. California law imposes a five-year firearms ban following involuntary commitment for being a danger to oneself or others. But federal law provides a lifetime ban on gun ownership by anyone adjudicated a mental defective or committed to a mental institution. As a result, once you have been admitted to a mental institution, it is not possible for you to possess a gun legally in California or anywhere else. If you have been convicted of a California felony involving a dangerous weapon, there is no way to restore your firearms rights.
California law defines "dangerous weapon" as any weapon, instrument, or object capable of being used to inflict great bodily injury or death. And, as noted, federal law prevents California from restoring your gun rights under certain circumstances, including without limitation :. Otherwise, depending on the type of conviction, there are two ways to restore your California gun rights :. A "wobbler" offense is a crime that can be charged as either a felony or a misdemeanor, in the prosecutor's discretion.
If you were convicted of a qualifying felony wobbler, you can your regain your gun rights by reducing your California felony to a misdemeanor. If the court reduces your felony to a misdemeanor, your right to possess a firearm will generally be restored. However, if the misdemeanor is one that subjects you to a ten-year gun restriction, you will need to wait out the ten years before you may possess a gun. Not all pardons restore gun rights. The pardon must specifically be "full and unconditional," or provide you are entitled to exercise the right to possess a gun.
A pardon is not the same as an expungement. A pardon will not seal or erase your criminal record or the record of your conviction. It can, however, restore to you certain rights, including without limitation the right to possess a gun. If you were convicted of a California felony that is ineligible for reduction to a misdemeanor, you may be able to receive a gubernatorial pardon. People convicted of misdemeanor sex crimes are also eligible.
The main requirement for a gubernatorial pardon is exemplary behavior for a long period of time. Generally, an application for a pardon will not be considered unless you have been discharged from probation or parole for at least 10 years without further criminal activity during that period. If you were convicted in another state, you must apply for a pardon in that state. If convicted of a felony under federal law, you must apply for a Presidential pardon. A Certificate of Rehabilitation "COR" is a court order that declares you rehabilitated of your crime.
If you meet the following criteria, you must apply for a COR before seeking a pardon:.
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A Certificate of Rehabilitation does not, by itself, restore California gun rights. You must still receive a gubernatorial pardon. If you are granted a COR, it automatically becomes an application for a California governor's pardon. You do not need to do anything more.
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Application for a Certificate of Rehabilitation is made to the superior court in the county where you live. An application for a direct pardon will not normally be considered unless you have been discharged from probation or parole for at least 10 years. You must also not have had any further criminal activity during that period. Upon demonstration of truly exceptional circumstances Applications for a direct pardon are available at the California Governor's website. You may also request an application by writing to:. After you have completed the application, you must send the Notice of Intent to Apply for Executive Clemency to the district attorney of each county in which you were convicted.
This is a legally-required notice. The District Attorney will return the notice to the Governor's Office and send you an acknowledgment. Once you receive it, you can return the completed application to the Governor's Office at the address listed above. The governor has complete discretion in deciding whether to grant a pardon.
This is true for both direct pardons and pardons after issuance of a Certificate of Rehabilitation. An exception is if you have two 2 or more felony convictions. In such a case, the Governor of California may not grant you a pardon The Governor has no obligation, however, to seek such a recommendation from the court.
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As noted, not all pardons restore gun rights. The pardon must specifically provide you are entitled to exercise the right to possess a gun. Expungement of a criminal record in California does not remove the ban on owning or possessing firearms. The main benefit of expungement is that you do not have to disclose an expunged conviction on most job applications. But, as noted, expungement does not restore gun rights.
Restoration of firearm rights in Arizona
If you wish to possess a gun following expungement of a criminal record, you must still follow the steps set forth above. In addition, not all offenses can be expunged. If you were sent to California state prison, or you are guilty of a serious sex offense, you do not qualify for expungement. Our office does not handle petitions for Certificates of Rehabilitation or gubernatorial pardons. If you or loved one is in need of help with restoring gun rights and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group.
We can provide a free consultation in office or by phone.
Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions relating to Nevada's firearms laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.
The attorneys at Shouse Law Group bring more than years collective experience fighting for individuals. We're ready to fight for you. Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.
Close X. Attorneys Criminal Defense California Criminal Defense Being arrested for a crime does not necessarily mean you will be convicted. California Crimes A to Z. In most instances, restoration in not automatic, but must be applied for.
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If the reason you are barred is due to an Arizona State felony conviction, you can apply for restoration:. Domestic Violence is a legal status defined under ARS which attaches to certain kinds of crimes. There is no time limit to request the offense be set aside, but you must have completed probation and all requirements of probation. Some Domestic Violence offenses cannot be set aside however. Those include offense involving serious physical injury, offenses in which a deadly weapon or dangerous instrument was used, or when the victim was under the age of However, setting aside a misdemeanor Domestic Violence conviction does not always allow you to possess or own a gun.
The Federal Gun Control Act provides that certain misdemeanor domestic violence convictions disqualify you from gun possession if the offense fits within the definition of the Federal Statute.