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Second Amendment Rights Of Citizens In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-000298
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FAQ
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.
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.
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.
Federal law allows many adults to own firearms. There are two Oakland laws which require residents and visitors to properly secure their firearms in their home and in their car.
Prop 47 Does Not Restore Firearm Rights A Prop 47 reduction from a felony to a misdemeanor will not restore your firearm rights. In order to restore your firearm rights, you will first need to reduce your felony to a misdemeanor for all purposes under Penal Code 17b, not Prop 47.
To get your gun rights back you'd need a California pardon based on a Certificate of Rehabilitation and a finding of innocence. This should satisfy the Federal government,though I must warn you they are difficult if not virtually impossible to get. You would have to apply to the governor for a pardon.
Constitutional Amendments – Amendment 2 – “The Right to Keep and Bear Arms” Amendment Two to the Constitution was ratified on December 15, 1791. It protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property.
Essentially, to legally possess a gun in Oakland, a person must: Determine Eligibility—Individuals who want to possess a gun in Oakland must have a valid driver's license, must be a resident of the state, must be over the age of 21, and must pass a background check.
22nd Amendment - Two-Term Limit on Presidency. Constitution Center.