How to Restore Your Firearm Rights After a Conviction in California
October 14, 2025 | Nafiz M. Ahmed
California has some of the toughest gun laws in the country. You can’t just buy or carry a firearm without meeting strict legal requirements. If you’ve been convicted of a felony, certain violent misdemeanors, or have a serious mental health condition or restraining order against you, the law likely bars you from owning a gun. While you may be allowed to keep a firearm at home or your place of business, carrying one in public—whether openly or concealed—usually requires a permit.
For many defendants, losing firearm rights feels overwhelming or even unfair. However, in some cases, there is a way forward if you’re hoping to own a gun again someday. It helps to know what you can do to get your gun rights restored in California.
When Firearms Rights Can’t Be Restored
If your felony in California included using or handling a “dangerous weapon,” state law permanently prevents you from getting your gun rights back. Even if state courts wanted to restore your rights, federal law would still stand in the way for certain convictions, like misdemeanor domestic violence cases. Not being able to own or possess a firearm for the rest of your life is an unfortunate reality you could face.
When You Can Restore Your Gun Rights
There are two primary ways that individuals in California can restore their gun rights after a criminal conviction. Which path is possible depends on your specific situation, the type of crime you were convicted of, and also how much time has passed since your case ended.
Below are the two most common routes:
Reducing a Felony Wobbler to a Misdemeanor (PC §17(b))
Some crimes in California are called wobblers, which means they can be charged as either a felony or a misdemeanor. If your original offense was a wobbler felony, you might be able to ask the court to reduce it to a misdemeanor. This process is handled under California Penal Code section 17(b).
If you succeed in getting your felony charge reduced to a misdemeanor, your gun rights could be restored. There are a few important caveats to consider: if the newly reclassified misdemeanor itself carries a 10-year gun ban or triggers a federal ban, you may still be prohibited from possessing firearms.
Examples are domestic violence-related misdemeanors or those involving the use of a gun. Always check whether your particular charge carries these limitations, even if it is a misdemeanor.
Governor’s Pardon
If reducing your conviction to a misdemeanor isn’t possible, a full governor’s pardon may restore your ability to lawfully own firearms. In many California cases, especially for older felonies or straight felonies (ones that could never have been charged as misdemeanors), pardon is the only legal route.
Pardons aren’t granted often, but they do happen, especially for people who have been crime-free for a long time and show rehabilitation. Usually, the Governor will expect you to have finished probation and parole long ago — often around ten years without further offenses.
If you live in California, typically a Certificate of Rehabilitation comes first and serves as an automatic application for a pardon. For a pardon to work for firearms, it must be complete and unconditional, or specifically say it restores gun rights.
Steps To Take To Restore Firearm Rights
If you have a felony on your record and want to restore your gun rights in California, it’s essential to move forward with precise knowledge of each step.
Confirm Your Prohibition Status
First, find out exactly why you can’t possess firearms under California or federal law. Was your restriction because of a specific conviction, a restraining order, or something else? The reason for your prohibition makes a big difference as you move forward.
Verify Eligibility with a Personal Firearms Eligibility Check
Never assume you have been cleared to buy or possess firearms. Instead, do a Personal Firearms Eligibility Check with California’s Department of Justice before you take action.
Contact Ahmed & Sukaram, Criminal Defense Attorneys for a Consultation With a San Jose Criminal Defense Lawyer
Ultimately, the best course of action is to consult with a criminal defense lawyer as soon as possible. Ahmed & Sukaram, Criminal Defense Attorneys, is here to help. You can reach out at any time to schedule a consultation with one of our San Jose criminal defense attorneys.
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