Gun Rights Restoration

Firearm Rights Restoration Resources

 
California and federal law prohibit certain individuals from possessing firearms or ammunition because of criminal convictions, restraining orders, mental-health-related proceedings, or other disqualifying events.

In some cases, the prohibition is temporary. In others, it may continue indefinitely unless the person qualifies for and obtains appropriate legal relief.

Determining whether firearm rights can be restored is often more complicated than simply identifying an old conviction. California and federal law do not always treat the same event in the same way, and relief that removes a California prohibition does not necessarily eliminate an independent federal prohibition.

The resources below are intended to help individuals understand the most common reasons firearm rights are lost and the principal legal issues that arise when evaluating whether those rights can be restored.

Why Have I Lost My Firearm Rights?

Firearm prohibitions can result from a number of different events, including:

• felony convictions;
• certain misdemeanor convictions;
• domestic-violence-related convictions;
• restraining or protective orders;
• certain mental-health-related commitments or proceedings;
• juvenile adjudications in some circumstances;
• federal prohibited-person classifications; and
• inaccurate or incomplete criminal-history records.

Some prohibitions last for a specified period. Others may be permanent unless a particular form of relief is available.

Before attempting to restore firearm rights, it is important to determine exactly which state or federal prohibition applies and what event created it.

Why Have I Lost My Firearm Rights?

How Can Firearm Rights Be Restored in California?

The available remedy depends on the source of the prohibition and the underlying record.

Potential avenues may include:

• reduction of a qualifying felony “wobbler” to a misdemeanor;
• correction of inaccurate or incomplete criminal-history information;
• obtaining a qualifying pardon;
• post-conviction relief that changes the legal effect of the underlying conviction;
• relief from certain temporary or statutory prohibitions;
• correcting an unreported or incorrectly reported disposition; or
• pursuing other remedies available under California or federal law.

Not every remedy restores firearm rights, and not every person is eligible for relief.

For example, a record-sealing or expungement procedure may improve a criminal record for some purposes without necessarily eliminating a firearm prohibition. Likewise, relief under California law may not remove a separate federal disability.

How Can Firearm Rights Be Restored in California?

California and Federal Firearm Prohibitions Are Different

One of the most important issues in firearm-rights restoration is the interaction between state and federal law.

A person may be prohibited under:

• California law only;
• federal law only; or
• both California and federal law.

That distinction matters because a remedy effective under one system may not be sufficient under the other.

Before relying on any restoration order, reduction, pardon, or other form of relief, the person should determine whether all applicable state and federal prohibitions have actually been removed.

Federal Firearm Rights Restoration

The federal government has reactivated a process under 18 U.S.C. § 925(c) through which certain federally prohibited individuals may seek restoration of federal firearm rights.

Federal relief is individualized and is not automatic.

Most importantly for California residents, federal restoration does not eliminate an independent California firearm prohibition. A person who obtains federal relief may still be unable to lawfully possess firearms in California unless the state-law disability has also been removed.

For information concerning the federal process, eligibility considerations, and the interaction between federal and California law, see:

Federal Firearm Rights Restoration Program

Incorrect or Incomplete Criminal Records

Some firearm eligibility problems are caused not by a valid prohibition, but by inaccurate or incomplete government records.

Common problems can include:

• an arrest that was never updated with the final disposition;
• a case that appears open even though it was dismissed;
• a conviction that was later reduced but not properly reported;
• missing historical court records;
• inconsistent records among courts, law enforcement agencies, and the California Department of Justice; or
• outdated criminal-history information that continues to produce firearm purchase denials.

Older cases can be particularly difficult because court or agency records may be incomplete or archived.

Correcting these problems can require obtaining records from multiple agencies, documenting the proper disposition, and pursuing administrative or judicial remedies when an agency refuses to update an inaccurate record.

Record Errors, Missing Dispositions, and Firearm Eligibility

Firearm Purchase Denials and Eligibility Problems

A denied firearm transaction may be the first indication that a person is considered prohibited.

A denial does not necessarily establish that the government’s determination is correct. It may result from a valid prohibition, incomplete records, mistaken identity, or an incorrectly reported disposition.

Individuals who receive a denial should obtain and preserve the available documentation concerning the transaction and determine the legal basis for the denial before attempting another purchase.

Attempting repeated firearm purchases is not an appropriate way to determine whether a prohibition exists.

Gun Seizures and Return of Firearms

Firearms may be seized, surrendered, or otherwise taken into custody for a variety of reasons, including:

• criminal investigations;
• restraining orders;
• mental-health-related incidents;
• arrests;
• protective orders;
• prohibited-person determinations; or
• other law-enforcement actions.

Once firearms are in government custody, separate legal procedures may govern their return, transfer, sale, or destruction.

The fact that a criminal case has ended or that a temporary prohibition has expired does not always result in automatic return of the firearms.

For additional information, see:

California Gun Seizures and Return of Firearms

Before Attempting to Possess or Purchase a Firearm

Individuals who believe they may be prohibited should determine their legal status before acquiring, possessing, transporting, or attempting to purchase a firearm or ammunition.

Firearm eligibility can depend on the interaction of multiple statutes, old court records, the exact offense of conviction, sentencing history, subsequent court orders, and federal law.

The safest approach is to identify the source and duration of any prohibition and confirm the effect of any claimed restoration remedy before relying on it.

Related Resources

The following resources provide more detailed information on specific firearm-rights restoration issues:

• Why Have I Lost My Firearm Rights?
• How Can Firearm Rights Be Restored in California?
• Record Errors, Missing Dispositions, and Firearm Eligibility
• California Gun Seizures and Return of Firearms
• Federal Firearm Rights Restoration Program

For information concerning legal representation in firearm-rights restoration, prohibited-person matters, record-correction issues, or firearm eligibility disputes, see our:

Firearms Law and Second Amendment Advocacy