How a Convicted Felon Can Potentially Have Their 2nd Amendment Rights Restored
Convicted felons are often told that they have lost their rights to possess a firearm for life. This is not true in all cases.
If you served your felony in state prison or served a “paper commitment” in county jail, but the law treats it as if you went to state prison and left on parole, then indeed that “ominous statement” is in fact correct.
A person has to apply for a Certificate of Rehabilitation at the local court level and then have that “successful result” go up to the Governor’s Desk for a Pardon. If granted, the felony falls off, but the arrest and process is still a matter of public record.
However, if as a felon you were sentenced to local time or did any program that had nothing to do with state prison, then the felony can “fall off,” resulting in the potential restoration of 2nd Amendment Rights.
If you fall into this category, you will need to do the following:
1. Apply for reinstatement with the docket number under a PC Section 17(b) motion.
2. At the same time, include an expungement request under PC 1203.4.
3. Wait about 60 days and then order a life scan and ask the Department of Justice to mail out a copy of your criminal history.
4. If you see the record clearance and reduction and there are no more prohibitions keeping you from owning a gun (i.e. DV 10 year gun band from date of sentence, or any other order by a judge dictating the terms of a loss of ones gun rights), then you can and legally purchase a gun.
5. IMPORTANT: It is a separate crime for a felon to attempt to buy a gun, so you must make sure a criminal history is reviewed carefully and is “clean” before that is attempted.
6. An arrest will not keep you from owning a gun (remember once a gun is obtained, it must always be in a lock box in the trunk or back seat the second it is not being used in your hand). Only a felony conviction will.
If you feel you may qualify to have your 2nd Amendment Rights restored, contact our law office and Mr. Green can assist you in this matter.
