Los Angeles Gun Rights Lawyer

LOS ANGELES CRIMINAL DEFENSE ATTORNEY

One of the collateral consequences associated with some convictions in California is a restriction on gun ownership.  All felony convictions, as well as some misdemeanor convictions will result in a lifetime firearm ban.  Additionally, weapon restrictions may be a condition of misdemeanor probation in other misdemeanor cases.  Former LA County Sheriff Lee Baca was not allowed to carry a firearm due to a domestic violence conviction.  Sheriff Baca had to carry a rubber gun as part of his uniform.  As you can imagine, if the Los Angeles County Sheriff was not allowed to carry a weapon, restoring this important right is an arduous process.  Federal law is even stricter than California law when it comes to gun ownership after a conviction, but a Los Angeles Criminal Defense Attorney may be able to help you to restore these important rights.

The Second Amendment protects US citizens' right to bear arms.  And while the text appearing in the Bill of Rights seems to absolutely protect this right, the courts have carved out many exceptions, not only limiting the types of firearms that may be owned, but also who may own or possess firearms.  Among these restrictions, convicted felons, those convicted of certain misdemeanors (including domestic violence and criminal threats), illegal aliens, drug addicts, those subject to restraining orders and fugitives of justice.  Some misdemeanors can carry a lifetime weapons ban, and others only a 10 year ban.  Felonies involving a dangerous weapon and domestic violence convictions may make it impossible to restore your California gun rights.

These restrictions on gun ownership are enforced in several ways.  Gun purchases are controlled by Federal legislation (The Brady Act), requiring background checks before a gun may be purchased.  Background checks are performed pursuant to the National Instant Criminal Background Check System (NICS).  Additionally, as a deterrent, being a felon in possession of a firearm, or possessing drugs or being under the influence/addicted to drugs while possessing a firearm can be very harshly punished.  Straw purchases may also carry serious consequences.

Restoring your California gun rights requires vacating your felony or misdemeanor conviction.  If your felony conviction was a "wobbler" (meaning that it can be charged as a misdemeanor or felony), reducing your felony to a misdemeanor via a 17B motion makes the conviction a misdemeanor, and may restore your gun rights.  Additionally, getting a governor's pardon may restore your gun rights.  A 17B motion to reduce a felony to a misdemeanor.  Though not yet addressed by any courts, it would appear that California's recent passage of Prop 47, making some former felonies now misdemeanors, will not affect gun rights for prior convictions.

Restoration of California, and of course, federal gun rights is a difficult process, and must be assessed on a case by case basis.  The unfortunate reality is that many people will never qualify for gun rights restoration due to prior convictions.  Even those who may qualify, will have to fight an uphill battle.  Getting a 17B motion or (especially) a Governor's pardon is not an easy process.  If you or a loved one has suffered a felony conviction in the past, contact our office for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can discuss the details of your conviction and assess your eligibility for relief that can clean up your record.  Even if your gun rights cannot be restored, an expungement or reduction to misdemeanor can have other benefits.  Contact the Law Offices of Nicholas Loncar now to see if there is anything we can do to help.

more about California weapon offenses

---

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Bureau of Alcohol, Tobacco and Firearms
US Department of Justice