2nd Amendment Rights In California In Sacramento

State:
Multi-State
County:
Sacramento
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

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.

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 ...

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.

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.

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.

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.

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.

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.

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.

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.

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2nd Amendment Rights In California In Sacramento