September 2, 2011 By Wallin & Klarich

If you get convicted of certain misdemeanors in California you will lose your right to own or possess a firearm. In some cases the loss of 2nd Amendment rights lasts a period of ten years. In other cases, the right to bear arms can never be recovered. The length of the ban depends on the crime you were convicted of and whether the ban would be imposed under state or federal law.

If you have been convicted of a crime involving domestic violence in California, then your right to bear arms is lost forever under the current state of federal law. It is important to note that the crime must only “involve” domestic violence and does not require a conviction on a domestic violence charge. Even if your domestic violence charge is reduced to something as minimal as “disturbing the peace”, you are prohibited from owning a firearm. While you technically could have your right to own a gun restored ten years after the date of conviction under state law, it does nothing to help you under federal law.

Generally speaking, if your misdemeanor triggered the 10 year ban but did not involve domestic violence, then you have to wait 10 years from the date of conviction to restore your 2nd Amendment rights. It is also important to know that your gun rights are not restored when probation ends on your case and that an expungement does nothing to restore gun rights either.

Not all cases or convictions fit neatly in one box and different factors may apply to your case. If you or loved one is facing criminal charges in California, it is important to consult with an experienced criminal defense attorney to help protect your rights. At Wallin & Klarich, our attorneys will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at We will be there when you call.

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