California doesn’t take firearm ownership lightly—especially when felony convictions are involved. Compared to federal laws, California’s gun regulations are some of the strictest in the country. Navigating these rules can feel overwhelming, particularly if you're dealing with the aftermath of a felony conviction and wondering what it means for your rights.
You need to understand how a felony conviction impacts gun rights in California if you're trying to rebuild your life, protect your freedom, or simply make sense of your legal standing. Whether your conviction was for a violent crime, white collar offense, or something in between, the consequences can follow you for life. The truth is, restoring gun rights after a felony isn’t easy. But it’s not impossible either.
Read on to learn about your legal options and what steps you might take toward reclaiming your rights. If you’re currently facing felony charges—or already have a conviction—contacting a Santa Rosa weapons offense attorney for a free consultation is a smart first step.
Understanding California Gun Laws and Felony Convictions
California law treats firearm possession by felons as a serious offense, with layers of regulations both at the state and federal level. Let’s break down what that means for you. California’s gun laws are among the strictest in the country, prohibiting not only felons but also individuals with certain misdemeanour convictions, mental health holds, or active restraining orders from owning or possessing firearms. Violations can lead to felony charges, mandatory prison time, and further restrictions on your rights.
Penal Code Section 29800: Felon with a Firearm
Under California Penal Code Section 29800, it is illegal for anyone convicted of a felony to own, possess, purchase, or receive a firearm. This applies to all types of felonies, including non-violent and white collar crimes. Even if your offense seems unrelated to gun use, the prohibition still applies.
Who Is a “Prohibited Person”?
California defines certain individuals as “prohibited persons”—people who cannot legally own or possess firearms. This group includes:
- Anyone convicted of a felony
- People with certain misdemeanor convictions (especially domestic violence)
- Those under certain restraining or protective orders may face significant limitations that extend beyond just avoiding contact with another person. Does a restraining order affect your life? Absolutely. It can impact where you live, your ability to see your children, your right to possess firearms, and even your employment—particularly in positions that require background checks or professional licenses.
- Persons deemed mentally incompetent or a danger to themselves or others
If you're labeled a “prohibited person” under California law, the consequences of being caught with a firearm are severe.
Federal Firearm Restrictions
On the federal level, 18 U.S.C. § 922(g)(1) prohibits firearm possession by anyone convicted of a crime punishable by more than one year in prison. That means even if California somehow restores your rights, federal law may still prevent you from legally owning a firearm.
A Lifetime Ban on Gun Rights
For most felons in California, the ban on possessing firearms is for life—unless specific legal actions are taken to change that. There’s no automatic restoration after a certain period. You have to fight for it.
Consequences of Unlawful Firearm Possession for Felons
When you’ve already been through the criminal justice system, the thought of facing more charges—especially for something like having a firearm—can be terrifying. If you’ve been convicted of a felony in California, the law is very clear: possessing a gun isn’t just a mistake—it’s a serious crime with real and lasting consequences. Unfortunately, many people don’t realize how easy it is to violate these laws or how harsh the penalties can be. That’s why it’s critical to know what to look for in a criminal defense lawyer—someone who understands California’s firearm laws, knows how to navigate prior convictions, and has the courtroom experience to push back when the stakes are high.
Penalties for Violating Penal Code 29800
As mentioned, California law prohibits a person with a felony conviction from possessing, own, purchasing, or receiving a firearm. Violating this law is not just a technical violation—it's a new felony offense. That means if you're found with a gun, even if it’s not loaded or you weren’t using it in a threatening way, you could be facing:
- A new felony charge
- Up to three years in California state prison
- Fines up to $10,000
- A longer criminal record that could impact future job prospects, housing, and civil rights
This is especially concerning for people who didn’t realize they were still considered a “prohibited person” or who mistakenly believed an old conviction had been cleared through expungement.
Federal Penalties Under the Gun Control Act
Federal law is just as strict—sometimes more so. Being a felon in possession of a firearm can lead to:
- Up to 10 years in federal prison
- Hefty fines
- Federal supervision after release
What’s worse is that you can be charged under both state and federal law for the same incident. That’s called dual sovereignty, and it means the stakes are incredibly high if you’re caught with a firearm.
Real-World Examples of Felony Firearm Cases
Let’s look at some anonymized examples to show just how easy it is to end up in serious trouble:
- "David" was convicted of a white collar crime 12 years ago and thought he had moved on with his life. When his house was burglarized, he purchased a handgun for protection—not realizing he was still barred from owning one. When police later responded to an unrelated call at his home, they found the weapon and arrested him. He was charged with a new felony.
- "Carla" had a non-violent drug felony on her record. Her partner kept a gun in their shared home. Though she never used it, prosecutors argued that she had “constructive possession” of the firearm because she knew it was there and had access to it. She was charged and faced prison time despite never touching the weapon.
These examples aren’t rare. They’re everyday stories of people who made mistakes, did their time, and tried to move forward—only to find themselves tangled in a web of harsh firearm laws.
How These Charges Can Compound Legal Problems
What makes things even more difficult is how these new firearm charges can interact with existing legal conditions:
- Violation of Probation or Parole: If you’re under supervision, a firearm charge will almost certainly result in a violation. That can lead to revocation, longer sentences, or more restrictions.
- Stricter Bail Conditions or Denials: Judges are less likely to grant bail—or may impose higher amounts—if a felon is found with a gun.
- Impact on Immigration Status: For non-citizens, a felony firearm conviction can lead to detention, denial of naturalization, or deportation proceedings.
- Family Law and Custody Issues: If you're involved in any kind of family court matter, a new gun charge can harm your credibility and hurt your ability to maintain custody or visitation rights.
Even if you don’t end up back behind bars, a new firearm conviction can unravel years of progress. That’s why it’s so important to be proactive—both in understanding the law and in working with a defense attorney if you're accused of violating it. One overlooked consequence for many is how long legal restrictions can linger—such as whether a restraining order stays on your record. In California, even after a restraining order expires, the record of it can still appear in background checks, affecting everything from housing to employment and firearm eligibility.
Categories of Felony Convictions That Affect Gun Rights
Not all felonies are treated the same, but when it comes to gun rights in California, most will have the same result—revocation.
Violent vs. Non-Violent Felonies
A violent felony like assault with a deadly weapon will naturally raise red flags, but non-violent offenses—embezzlement, fraud, or drug possession with intent—can strip away your gun rights too.
Domestic Violence Convictions
Misdemeanor domestic violence convictions can also disqualify you from owning firearms under both state and federal law. These restrictions are some of the hardest to reverse.
Drug-Related Felonies
Convictions for drug trafficking or possession with intent to sell are among the most common reasons individuals lose their firearm rights. Even first-time offenses can lead to permanent bans.
Out-of-State Felony Convictions
If you were convicted in another state, California law still treats you as a felon—even if the other state later restores your gun rights. California applies its own rules regardless of what happened elsewhere.
Pathways to Restoring Gun Rights in California
Restoring gun rights in California is possible—but not simple. It usually requires multiple legal steps, each with its own hurdles.
Reducing Felonies to Misdemeanors: PC 17(b)
If your felony was a “wobbler” (an offense that could have been charged as either a misdemeanor or felony), you might be able to petition the court under PC 17(b) to reduce it to a misdemeanor. Once reduced, some people may regain their gun rights—but not always.
Certificate of Rehabilitation
This court-issued document shows you’ve made substantial reforms since your conviction. It can be a stepping stone toward a governor’s pardon, though by itself it does not restore firearm rights.
Governor’s Pardon
The only way to fully restore your gun rights in California is often through a Governor’s Pardon. This is a formal application process and is granted only in exceptional cases where you’ve demonstrated long-term rehabilitation and community contribution.
Expungement: PC 1203.4
Many people believe that getting a conviction “expunged” will restore their gun rights. It won’t. Expungement under PC 1203.4 clears your record for some employment purposes, but it does not change your status as a prohibited person. Eligibility for expungement depends on factors such as the type of conviction, completion of probation, and whether any new charges have been filed. Not all offenses qualify, and even if they do, the relief is limited in scope—especially when it comes to firearm restrictions.
Federal Challenges to Restoring Rights
Federal law doesn’t currently offer a reliable path to restoring gun rights for felons. The ATF used to have a program for this, but it’s been unfunded since the 1990s.
Recent Legal Developments and Court Decisions
Gun laws evolve constantly, and staying informed is crucial if you’re trying to reclaim your rights.
California Supreme Court Decisions
Recent rulings have clarified—but not softened—the rules around firearm possession. One 2023 decision reaffirmed the lifetime ban for certain violent felonies, closing a previously used loophole for early restoration.
Federal Court Rulings
Some federal courts have hinted at revisiting the constitutionality of lifetime firearm bans, especially for non-violent offenders. However, these are still developing and haven’t led to widespread changes yet.
Pending Legislation
New bills are introduced nearly every year in Sacramento. Some push for more leniency for non-violent offenders, while others propose even stricter enforcement. Monitoring these laws is essential if you’re pursuing rights restoration.
Common Misconceptions About Felony Convictions and Gun Rights
There's a lot of misinformation out there. Let’s set the record straight.
Myth: “Expungement Gives Me My Rights Back”
Reality: It doesn’t. Expungement clears your criminal record for many purposes—but not for gun ownership.
Myth: “All Felonies Are Treated the Same”
Not exactly. While nearly all felony convictions result in gun bans, “wobbler” offenses can sometimes be reduced, giving you a narrow path toward restoration.
Myth: “I Can Hunt If I Use a Bow or Crossbow”
Sometimes. California prohibits felons from owning firearms, but not necessarily archery equipment. However, transporting these tools or being near firearms can still create legal issues, especially if you hunt with others.
How Our Law Firm Can Help
Navigating gun laws as a convicted felon is confusing and stressful. You don’t have to do it alone. Look for a criminal defense lawyer who not only understands California’s firearm restrictions but also knows how to challenge unlawful searches, negotiate with prosecutors, and help protect your rights from the outset. A strong legal advocate can make the difference between another conviction and a chance to move forward.
Legal Strategies That Make a Difference
We help clients explore every possible avenue—from felony reductions to pardon applications—while building a compelling case for rights restoration. Timing, documentation, and a strong presentation to the court can make or break your outcome.
Experience That Matters
We’ve worked with clients across a wide range of cases, from white collar crimes to domestic violence convictions. Our team understands what it takes to put your life back on track.
Request Your Free Consultation with a Skilled Santa Rosa Gun Rights Attorney
Losing your gun rights can feel like losing a part of your identity. But that doesn’t mean all hope is lost. Whether you're dealing with a recent conviction or an offense from years ago, knowing your legal options is key.
Our Santa Rosa-based team is here to walk you through the steps toward restoring your firearm rights. We know the law. We know the courts. Most importantly, we know how much this matters to you.If you're ready to take the next step, contact our office. We offer free, confidential consultations to help you understand your options.