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RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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As a felon ,no prison just felony probation in Ca. can my

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As a felon ,no prison just felony probation in Ca. can my constitutional RIGHT to keep and bear arms be restored..civil rights seem to be easily resumed... Constitution gives me a right that SHALL NOT be infringed upon
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

Under California law, there are only two basic ways to have gun rights restored after a conviction that has removed your gun rights:

  1. by having a "wobbler" felony reduced to a misdemeanor, or
  2. by receiving a pardon from the California governor.

A "wobbler" is an offense that can be charged as either a felony or a misdemeanor. If you were convicted of a wobbler as a felony, you can petition the court to have it reduced to a misdemeanor. Once your felony is reduced you will be subject only to the restriction -- if any -- that the crime carries as a misdemeanor.

The second way to have your Second Amendment right to bear arms restored after a California conviction is through a pardon by the governor.

Seeking a pardon is a two step process in California:

  1. Petition the superior court for a California Certificate of Rehabilitation
  2. If the petition is granted, it automatically becomes a petition for a pardon for the California Governor.

California's governor has complete discretion to grant or deny pardon requests. Generally, applicants must have resided for a minimum of seven years in California. They must also have had no criminal involvement for at least 10 years.

I realize this may not be what you want to hear -please do not shoot the messenger. I can only tell you what the law provides for. The bottom line is while there is a method to have those rights restored, it's not a simple process or one that is guaranteed to result in a lifting of the restriction.

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.

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about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Expert:  RobertJDFL replied 1 year ago.

I see that you have not yet left a positive rating for me. Was there some additional information I could provide about this matter, or something I could clarify about my answer for you? If so, please let me know, as I am here to help! If not, kindly remember to leave a positive rating for me by clicking on the stars, so I am credited for my time and assistance, as that is the only way we are paid on this site. Your anticipated cooperation is appreciated!