Can a Convicted Felon Own a Gun in California?
April 6, 2025 | Nafiz M. Ahmed
In California, individuals convicted of a felony are generally prohibited from owning or possessing a firearm for life. The state imposes a lifetime firearms ban for felony convictions, though limited avenues for rights restoration may be available in certain cases. Federal law is similarly unforgiving and also prohibits felons from possessing guns, but some recent court decisions suggest that regulating 2nd Amendment rights is not justified for all felons.
Despite the blanket ban on gun ownership for felons, there are limited circumstances under which the right to own a gun may be restored. It is important to note that having gun rights restored under state law will not necessarily restore gun rights under federal law.
California Law Prohibiting Firearm Access
The California Penal Code says any person convicted of a felony in California or anywhere in the US cannot own, purchase, receive, or possess any firearm, or they risk being charged with a felony. If a person is convicted of a felony under federal law, the California prohibition only applies if either of the following is true:
- There is a similar offense under California law, which is punishable only as a felony.
- The sentence received was more than 30 days, the fine was greater than $1,000, or both.
Felons violating California gun laws can result in severe legal consequences, including additional felony charges. Understanding these restrictions helps avoid further criminal liability.
Federal Law Prohibiting Firearm Access
Federal law prohibits any person who has been convicted of a crime punishable by imprisonment longer than 1 year from possessing a firearm. The ban on firearms for felons has historically been justified as a legitimate curtailment of 2nd Amendment rights in the interests of public safety.
However, a 2022 US Supreme Court case raised issues about the constitutionality of banning felons from possessing firearms when the 2nd Amendment would otherwise apply, and the felonies committed are not of the type of conduct envisioned by the founders as warranting disarmament.
In New York Rifle & Pistol Association v. Bruen, the Supreme Court established a 2-part test for analyzing 2nd Amendment challenges.
- Does the 2nd Amendment apply to the conduct in question?
- If the 2nd Amendment applies, is the regulation of rights consistent with the historical tradition of firearm regulation?
The Supreme Court’s decision has resulted in split decisions among circuit courts on whether banning felons from gun possession violates constitutional rights. In May of 2024, the Ninth Circuit applied the Supreme Court test in USA v. Duarte and decided the federal firearm ban was unconstitutional for a felon whose convictions were for nonviolent offenses.
In June 2024, the Supreme Court upheld the firearm ban against a 2nd Amendment challenge by a felon convicted of domestic abuse and subject to a protective order. The Court decided in US v. Rahimi that the historic tradition of firearm regulation was consistent with allowing the government to disarm persons who present a clear threat of physical violence to others.
How Firearm Access Rights Can Be Restored
Once gun ownership rights have been removed, it is nearly impossible to have them restored. The only way to know for sure that firearms may be possessed legally is to obtain a pardon either from the governor for state crimes or the US president for federal crimes. Persons convicted of crimes in California can apply for a pardon from the governor if they have stayed out of trouble for at least 10 years. Reviewing and granting pardons is discretionary. Pardons will not restore gun rights for crimes involving the use of dangerous weapons.
When someone is convicted of one of California’s “wobbler” offenses (those that can be charged as either a misdemeanor or felony), the crime may be eligible to be reduced from a felony to a misdemeanor under the penal code. In some cases, expungement of a criminal record may help mitigate the long-term consequences of a conviction, but it does not automatically restore firearm rights. Consulting with an experienced criminal defense attorney is essential to understanding eligibility and navigating the legal process for potential restoration.
A Redwood City Criminal Defense Attorney Will Protect Your Rights
The 2nd Amendment to the US Constitution guarantees Americans the right to keep and bear arms. Reasonable restrictions on gun rights are deemed appropriate for persons whose behavior indicates a risk of harm to others. California laws are strict about gun ownership for convicted felons, and once gun rights have been taken, it is difficult to have them restored.
Facing criminal charges can be overwhelming, but having an experienced criminal defense attorney on your side can make a significant difference. A skilled lawyer understands the legal system, protects your rights, and works to build a strong defense on your behalf.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500