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Second Amendment Rights And In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-000298
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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.
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.
It is generally illegal in California to carry firearms in public, regardless of whether they are loaded or unloaded, openly carried or concealed. That said, there is an exception that allows counties with populations of less than 200,000 to issue licenses to people to open-carry loaded handguns (not long guns).
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York.
Gun owners must have a homeowner's, renter's or gun liability insurance policy for their firearm(s). The insurance policy must cover losses or damages resulting from accidental use of the firearm including but not limited to death, injury, or property damage.
In 2024, California passed several bills strengthening and refining existing laws to facilitate better implementation, including improvements to the state's gun violence restraining order law, secure storage laws, and reporting on firearm dealer inspections.
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.