Second Amendment Rights For Felons In San Jose
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Penalties for Violating Penal Code 29800 As mentioned, California law prohibits a person with a felony conviction from possessing, own, purchasing, or receiving a firearm. Violating this law is not just a technical violation—it's a new felony offense.
In order to qualify for a license to carry a firearm, the applicant must meet certain requirements, including: Be a resident of the City of San José (Penal Code § 26155). Be at least 21 years of age (Penal Code § 29610). Fully complete an application that will include substantial personal information.
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.
In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.
If your felony is not considered a “wobbler” in California, you might still be able to petition to get your gun rights back through a pardon from the governor. The best way to go about this is to file a California Certificate of Rehabilitation in the county where you were convicted.
Can a felon own a gun in California after ten years? No, not unless they successfully have the felony reduced to a misdemeanor or secure a pardon from the Governor of California.
