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Second Amendment Rights And Powers In Sacramento
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State:
Multi-State
County:
Sacramento
Control #:
US-000298
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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.
More info
In California, no license or permit shall be required to possess keep, or carry a handgun openly or concealed in one's home or place of business. The Second Amendment.The Second Amendment protects the right to keep and bear arms. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States. California gun control laws include a ban on magazines holding more than 10 rounds that now appears headed to the U.S. Supreme Court. Forbid firearm possession in sensitive places such as schools and government buildings. A repeal would require "a sea change" in how Americans think about gun control and the right to bear arms, one professor says. While Democrats push a new round of gun control bills, California gun rights advocates are fighting back in a more hospitable venue: the federal judiciary. The Second Amendment in the same docket.