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I want to know if I can own a gun if I have a non-violent felony on my record. Were my rights taken away? I was charged with fraud and have never owned a gun before.
12 ANSWERS
Criminal Defense Attorney serving Newport Beach, CA
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Law Offices of Anthony Sessa
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No.
Answered on May 30th, 2013 at 8:53 PM
John Ronald McCardle
No.
Answered on May 30th, 2013 at 8:52 PM
To start with the law states; Any person who (a) has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or (b) is addicted to any narcotic drug may not own or have in his or her possession, custody, or control any firearm . (Penal Code ? 12021(a).) It is unlawful for any person who is prohibited from possessing firearms, to possess ammunition. (Penal Code ? 12316(b).) However, it is not necessarily all felonies. Only the ones punished by state prison. A felony conviction refers to a conviction of an offense that can only result in felony punishment under California law or any sentence to a federal correctional facility for more than 30 days, or a fine of more than $1,000, or both. (Penal Code ? 12021(f).) Some felonies are punishable as a misdemeanor or a felony. If your felony is one of these you can own a firearm. Consult with an attorney to find out if the Penal Code you were convicted under is one of these.
Answered on Mar 05th, 2012 at 2:21 PM
Assault and Battery Attorney serving Encino, CA
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RP Defense Law
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Under California Penal Code Section 12021, a person who has been convicted of* any** *felony is prohibited from exercising his/her gun rights forever. However, there are ways to restore your gun rights in California. If, for example, your fraud conviction was a wobbler offense, your attorney may reduce your felony to a misdemeanor and your gun rights will be restored (subject to one exception); or if it was a straight felony, your attorney may obtain a Certificate of Rehabilitation which will also restore your California gun rights (again, subject to one exception). Contact a California criminal defense attorney to discuss your options privately.
Answered on Mar 05th, 2012 at 12:52 PM
Daniel Kieth Martin
You can only possess a gun if you have been granted relief under Penal Code 1203.4 or a Certificate of rehabilitation. And pardon.
Answered on Mar 02nd, 2012 at 2:28 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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No, you cannot own a gun if you have been convicted of a felony, especially under federal law, which is a lifetime ban. Sorry.
Answered on Mar 02nd, 2012 at 2:03 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can I own a gun if I have a felony? NO. No further discussion needed. You lost your firearms rights for life upon conviction of any felony.
Answered on Mar 02nd, 2012 at 1:42 PM
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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No, you may not possess a gun in the State of California if you are a convicted felon.
Answered on Mar 02nd, 2012 at 1:39 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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As a convicted felony in California, you may not own, possess,have under your control or use a firearm in California, for life. This is not the end of the story, however. You may be eligible to have your gun rights restored. First, once probation terminates, file a Motion to Dismiss pursuant to Penal Code section 1203.4. For charges that are wobblers, as most species of fraud usually are, it is common and usual to move to withdraw your plea, have the charge reduced to a misdemeanor (pursuant to Penal Code section 17(b), and which must be done, by the way), and then dismissed. If the charge was not a wobbler and you went to prison, then you would need a 'Certificate of Rehabilitation' (which is possible, and is an automatic petition for a Governor's Pardon), or a Governor's Pardon (which is a long and highly uncertain process, and not easy to obtain), and for which you could not even apply until seven years after discharging parole. Other crimes would prohibit you for life from owning a firearm, regardless of the 1203.4 relief or a 'Certificate of Rehabilitation', as Federal Law trumps State Law on this issue. That does not seem to be your problem, here.
Answered on Mar 02nd, 2012 at 1:31 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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In California, if you have a felony on your record, you can not legally own a gun.
Answered on Mar 02nd, 2012 at 12:33 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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No no no. An ex-felon with firearm is both a state and federal crime.
Answered on Feb 29th, 2012 at 5:26 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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I am sorry, no. Doing so would be a violation of Penal Code 12021.
Answered on Feb 29th, 2012 at 5:25 PM