If you have lost your Second Amendment rights, you may be able to get them back. Restoration of gun rights can be difficult and complicated, but generally, it is possible unless you’ve been convicted of:

  • A felony involving a dangerous weapon

  • Domestic violence

Your first step to having your gun rights restored is to pull your criminal record by requesting a copy of your record from the state Department of Justice (Live Scan). Once you receive the copy of your record, contact our team to request a review by a gun rights attorney on our team. There is a minimal fee for review of the records and to give you a clear review of the process. Your attorney can examine your specific situation, and he or she will advise you of your options and the quickest route to restoration of gun rights. Many times there are multiple paths that can be explored.

Losing your right to buy or possess guns in California

Under California law, five classes of people are not allowed to buy or possess firearms. These groups are:

  • Felons. This is anyone who has been convicted of a felony offense in any jurisdiction.

  • People who have been convicted of certain misdemeanors. This category includes people who have received misdemeanor convictions for crimes like assault with a firearm, shooting at an inhabited dwelling or car, brandishing a firearm and others.

  • Narcotics addicts. Both state and federal law prevent people who are “addicted” (physically and emotionally dependent) to narcotics from possessing firearms.

  • People who suffer from mental illnesses. This can apply to a number of different situations, but the most common cases are for people who’ve received two involuntary commitments within a year, inpatient treatment for alcoholism or voluntary treatment for being a danger to themselves or others.

  • Minors. In other words, anyone under 18.

  • Inaccurate Records. Incorrect state or police records generally mean that the state or federal records are also incorrect. even if federal records, such as the FBI report and FBI/ATF NICS database, are incorrect, you will not necessarily be denied a gun purchase as long as your state record is correct. FBI records are generally only the cause of denials for out-of-state convictions. The state record of your criminal history is known as the Department of Justice Criminal History Record, also called a DOJ report or a live scan. This is a very common issue in California for older arrests, that were never convicted. You can find the application here: Personal Firearms Eligibility Check Application.

In addition to the categories above, California courts have the right to impose firearms restrictions in two situations as a specific condition of probation or a court-issued protective order.

You can check your firearms eligibility status with the California Department of Justice for $20. You don’t need to disclose any firearms you currently own when completing the check.

It may have been years ago that you lost your rights, but you can still take steps to restore them.

Losing Your Rights

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Restoring Your Rights