Second Amendment Rights And Powers In Sacramento
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FAQ
Hello. Let me see if I can assist. Yes, she can. Just because you have a felony record does not preclude your wife from owning a firearm. However, she must not allow you access to the weapon. As a felon, you could not own or possess such a weapon unless you seek an expungement of your record.
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.
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.
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.
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.
