2nd Amendment Rights In California In Bexar

State:
Multi-State
County:
Bexar
Control #:
US-000298
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.

Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle's trunk or in a locked container.

In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer.

Concealed carry permits in California are issued per-county, either by city PD or county sheriffs. Currently, it's basically impossible for private citizens in much of the state, particularly in the high density, high wealth counties of the Bay Area and LA. It is much easier in many rural counties.

Concealed carry is only legal with a California Concealed Carry Weapons License (CCW). The minimum age is 18 years old, although a licensing authority has the discretion to require applicants to be older than 18 years of age.

There is only one relatively certain way to restore your federal gun rights: obtain a pardon. Pardons can be obtained from either the Governor of California or the President of the United States. In both cases, discretion over whether to grant a pardon rests entirely with the chief executive.

Location Restrictions in California. A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

Pardon from California Governor There is only one relatively certain way to restore your federal gun rights: obtain a pardon. Pardons can be obtained from either the Governor of California or the President of the United States.

For those with more than one conviction, the court may restore firearms rights two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” firearms rights may only be restored by pardon.

Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.

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2nd Amendment Rights In California In Bexar