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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27419
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Do I automatically get my gun rights back in the state of

Customer Question

Do I automatically get my gun rights back in the state of California after the 5 year probation if I was in for 5 days? Or will the fed keep me from getting them back?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Why were your rights taken away from you?

Expert:  Zoey_ JD replied 1 year ago.


If there was a 5150 hold, there is a lifetime bar against your Federal gun rights. So regardless of what California may be willing to do, you have no federal gun rights. As Federal rights trump state, unless/until the law changes with regard to involuntary commitments, you will have no Federal rights.

I am sorry to be the bearer of bad news.

Customer: replied 1 year ago.
This is not correct. The life time ban is on a 5250. I am talking to the wrong attorney
Customer: replied 1 year ago.
You are not correct. It is a 5250 that bans you for life. I think it is time to give up your license if you are unable to do the basic research