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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117460
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I want to know if i need my right to own a firearm

Customer Question

i want to know if i need my right to own a firearm restored.I was convicted in the 80's of a non violent drug crime in the State of California. I was wondering if I need to have my rights restored.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CA law, if you were convicted of a FELONY, then there are two basic ways to have gun rights restored after an eligible conviction. The first way is if your felony could have been charged as a misdemeanor and you would have to file a motion to reduce the "wobbler" felony reduced to a misdemeanor. The second way is to file for a pardon with full restoration of rights from the governor through filing a petition for pardon through the board of pardon and parole.
If you were convicted of a misdemeanor that carried a gun prohibition in CA, then your rights are restored automatically 10 years from completion of your sentence, but not for a felony. The felony has to either be reduced to a misdemeanor or pardoned.

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