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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27109
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I lost my gun rights in California due to felony dui. I moved to North Dakota 4 years ago

Customer Question

I lost my gun rights in California due to felony dui. I moved to North Dakota 4 years ago and was wonder if it possible to get my gun rights back. I did have felony expunged to misdemeanor before leaving california.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello, Unfortunately, the Federal government does not recognize a California expungement or reduction under PC 1203.4, for purposes of restoring your Federal gun rights.A California pardon based on a Certificate of Rehabilitation and a finding of innocence probably would satisfy the Federal government, but frankly, as they are all but impossible to get, this is a real longshot.This site will give you a lot of information about the state of the law and the interaction between the California and Federal government in this area, but it won't, unfortunately, provide you with much hope. am very sorry to be the bearer of bad news but you've got a real uphill battle here unless the state of the law changes. There are lawyers who specialize in pardons, expungements and restoration of gun rights, and you might want to speak to one to see your realistic chances of weapon ownership, since they will vary with the facts and circumstances of the case, but the climate is now in favor of stronger rather than weaker controls, and the prognosis does not look good. THat said, once your Federal rights are intact you'd be able to qualify to own a rifle in North Dakota.