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Can Felons Hunt? How To Restore Your Gun Rights in California

California has some of the strictest firearm laws in the country, and one of the most important questions people have after a felony conviction is whether they can ever legally own a gun again. Many who find themselves in these circumstances just want to use a firearm for a specific, legal purpose, such as hunting.

California limits firearm possession for felons. Restoration may be possible, but only under rare circumstances.

If you’re trying to understand how California handles firearm restrictions and what steps you can potentially take to regain your rights, here’s what you need to know.

Does a Felony Conviction Ban You From Owning a Gun in California?

In most cases, yes. California law generally imposes a lifetime firearm ban on anyone convicted of a felony. This includes both possessing and/or owning any type of firearm. Further, the ban typically still applies even if the felony was non-violent.

California also prohibits people convicted of certain violent misdemeanors, domestic violence offenses, and specific weapons-related crimes from possessing firearms for a set number of years. However, felony convictions generally create the strictest restrictions.

Once this ban is in place, you cannot legally hunt with a firearm in California unless your rights are restored. Hunting with a bow is still legal for most individuals with felony convictions, as long as the bow is not classified under the state’s prohibited weapons laws.

Can Felons Ever Restore Their Gun Rights in California?

Restoration is possible in limited circumstances, but it is not available to everyone. California allows gun rights to be restored through two main routes, depending on the situation.

Reduction of a Felony to a Misdemeanor Under Penal Code § 17(b)

Some felonies are known as “wobblers,” meaning they can be charged as either a felony or a misdemeanor. If your felony was originally a wobbler, you may be able to petition the court to reduce it to a misdemeanor after completing your sentence and meeting other conditions.

If the judge agrees to reduce the offense, the lifetime firearm ban may also be lifted, depending on the exact crime. Not all wobblers restore gun rights, so reviewing your record carefully and getting legal help from a criminal defense attorney is essential.

Obtaining a Governor’s Pardon

For many people with felony convictions, especially those involving violence, reducing the sentence isn’t possible. In those cases, a gubernatorial pardon may be the only route to restoring firearm rights in California.

A pardon does not automatically guarantee restoration. Still, a governor’s pardon can restore gun rights in many cases if the underlying crime wasn’t firearm-related.

A pardon is typically available only to those who have demonstrated rehabilitation, stayed out of legal trouble for years, and have completed all terms of their sentence. Even then, it is far from guaranteed.

Important Limitations Under Federal Law

If California restores your firearm rights, federal law may still prohibit you from possessing a gun. This is especially true if:

  • Your conviction involved domestic violence.
  • Your felony was violent in nature.
  • The state’s restoration process doesn’t meet federal standards.

Due to this framework, many individuals who regain their California rights are still unable to legally possess a firearm under federal law. That means hunting with a gun could still expose you to federal charges.

Contact a San Jose Criminal Defense Lawyer at Ahmed & Sukaram, Criminal Defense Attorneys, to Learn About Restoring Your Gun Rights

Felony convictions create major limits on firearm possession in California, but some people do have a path toward restoring their rights. A San Jose criminal defense attorney can help you figure out what options you have and how state and federal law might affect your situation. If you want to hunt again or simply want your rights back, call Ahmed & Sukaram, Criminal Defense Attorneys for a consultation.

For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a 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

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