QUESTION
Can I legally own a firearm if I have a felony on my record?
Asked on Jan 02nd, 2013 on Expungements - Wyoming
More details to this question:
I was charged with a felony possession of marijuana back in 2001. I've had a clean record ever since. Now I would like to own a gun to have in my house for protection. Can I do that without breaking any laws?
6 ANSWERS
Domestic Violence Attorney serving Truckee, CA
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Alison Bermant, Attorney at Law
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No you cannot. Anyone convicted of a felony in California is banned from possessing firearms even if an expungement pursuant to Penal Code section 1203.4 is obtained. You may be able to reinstate your gun possession rights only after a pardon from the governor.
Answered on Jan 03rd, 2013 at 12:01 PM
No. You can file a motion for restoration of your firearm rights, and I would recommend that you hire an experienced and affordable firearm rights attorney to help you with that process.
Answered on Jan 03rd, 2013 at 12:01 PM
No, you cannot own or possess a firearm if you have a felony conviction on your record, but it sounds like you can get the felony conviction expunged because it is very old and does not involve any violent acts. After the Expungement is completed you should be able to pass a background check so you can purchase a firearm and you may be able to qualify for a concealed handgun license (CHL). When you do acquire a firearm, make sure you have some serious training in how to use it, both for normal gun safety and how to handle any potential "social" use.
Answered on Jan 03rd, 2013 at 12:00 PM
Donald Michael Gallick
No. You have to first have the conviction sealed. Next you have to obtain an order of restoration of firearm rights.
Answered on Jan 02nd, 2013 at 4:02 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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The simplest answer to your question is, unfortunately, No. If you have ever been convicted of a felony you may not own or possess a firearm. However, as with most things in criminal law and criminal defense, there are some exceptions. In some situations firearm rights may be restored depending on disposition of the case. You should contact an attorney local to you for advice on how you may look into this matter further.
Answered on Jan 02nd, 2013 at 4:02 PM
Criminal Attorney serving Cheyenne, WY
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Law Office of Scott Powers
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You cannot legally own a firearm if you have a felony record.
Answered on Jan 02nd, 2013 at 4:00 PM