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Second Amendment Rights For Felons In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000298
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FAQ
In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.
What Are the Penalties for Violating the Felon with a Firearm Law? If you are charged with violating PC 29800, it is a felony offense punishable by up to three years in jail if you are convicted. Additionally, you may be fined up to $10,000.
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.
If your felony is not considered a “wobbler” in California, you might still be able to petition to get your gun rights back through a pardon from the governor. The best way to go about this is to file a California Certificate of Rehabilitation in the county where you were convicted.
Under PC 29800, it is illegal for you to have knowledge of, access to, and the right to control the firearm if you have a felony conviction. Depending on the licensing of the firearm, as well as your ability to access it, your wife may be able to keep her gun.
Can a felon own a gun in California after ten years? No, not unless they successfully have the felony reduced to a misdemeanor or secure a pardon from the Governor of California.
Yes, your spouse can legally own a gun if you're a felon in California, but it must be stored in a way that you cannot access it. As a felon, you are prohibited from possessing or handling firearms, and failure to comply with these restrictions can result in additional legal consequences for both parties.
Any person who has been convicted of a felony, certain misdemeanors, certain firearms offenses, who is addicted to narcotics, who is the subject of a domestic violence restraining order, or has been committed to a mental institution pursuant to Welfare and Institutions Code section 8100, may not possess or have under ...