Gun Rights After a Felony: What the California Law Says

One of the most common online questions in California is:
“If I have a felony conviction, can I ever legally own a gun again?”

People search this because the laws are complicated, the rules are strict, and misinformation is everywhere. Many individuals believe their rights automatically come back after a certain number of years, following probation, or after an expungement — none of which are true for felony convictions in California.

This guide breaks down exactly what California law says about gun rights after a felony, why the ban exists, what limited options for restoration may be available, and how state law interacts with federal law. It is written in clear, everyday language so readers understand the reality without confusion.

California’s Basic Rule: A Felony Means a Lifetime Firearm Ban

California’s firearm laws are among the strictest in the country. In this state, any felony conviction — regardless of age, severity, or whether violence was involved — results in an automatic, lifetime ban on gun ownership and possession.

In practical terms:

• You cannot own a firearm.

• You cannot purchase a firearm.

• You cannot possess a firearm in your home, car, or anywhere else.

• You cannot have “constructive possession” of a gun (for example, a firearm in your home even if it belongs to someone else).

This ban applies whether the conviction happened in California or another state, as long as the conviction qualifies as a felony under California law.

Why the Ban Is Lifetime

California lawmakers consider felonies serious enough that the firearm prohibition does not expire. There is no automatic reinstatement after 10 years, 20 years, or any period of crime-free living. Unless a person qualifies for one of the rare exceptions below, the ban remains permanent.

Federal Law: An Additional Layer of Prohibition

Even if California were to restore a person’s gun rights, federal law may still forbid them from possessing or owning a firearm.

Under federal rules, anyone convicted of a felony — defined as an offense punishable by more than one year in custody — is prohibited from possessing firearms or ammunition.

This means:

• A California restoration does not automatically remove the federal ban.

• Individuals must qualify under both state law and federal law before they can legally own a firearm again.

Because federal relief from firearm disabilities is extremely rare, this additional layer often prevents people from regaining rights even if they navigate California’s restoration process successfully.

Can Gun Rights Ever Be Restored After a Felony?

While the ban is harsh and intended to be permanent, California law does allow firearm rights restoration under very specific and very limited circumstances. Each of them is explained below.

1. Expungement Does NOT Restore Gun Rights

Many people believe that if they “expunge” a felony, their gun rights automatically come back.
This is not true in California.

An expungement — often done under Penal Code § 1203.4 — allows a conviction to be dismissed from your public record for some employment and licensing purposes.
However:

• The conviction still exists.

• Firearm disabilities remain.

• Federal restrictions still apply.

• Expungement alone never reinstates a felon’s right to own a gun.

If a lawyer, friend, or online video told you expungement restores gun rights, that information is simply wrong under California law.

2. Reducing a “Wobbler” Felony to a Misdemeanor

This is one of the only realistic legal paths for some individuals.

A “wobbler” is a crime that can be charged as either a misdemeanor or a felony. If you were convicted of a felony wobbler, a court may later reduce it to a misdemeanor under certain circumstances.

If that reduction occurs:

• The state felony firearm ban may be removed.

• You may once again be eligible to possess firearms under California law.

However, this process is not automatic or guaranteed. Some important considerations:

• The offense must legally qualify as a wobbler.

• Judges may deny the request.

• Your criminal record, probation history, and time since conviction all influence the outcome.

• Even if California law allows firearm possession, the federal ban may still apply.

This path requires strong legal representation and is not available for most felonies.

3. Certificate of Rehabilitation and Governor’s Pardon

Another possible avenue — though rare — is a Governor’s Pardon, which may restore state firearm rights if it is full, unconditional, and explicitly grants restoration.

To qualify for a pardon, most people must first obtain a Certificate of Rehabilitation, which is a court-issued declaration stating that the individual has demonstrated genuine, long-term rehabilitation.

Important details:

• Pardons are granted sparingly.

• The process takes years and involves extensive review.

• Crimes involving weapons often remain disqualifying.

• A state pardon does not guarantee relief from federal firearm restrictions.

Still, for some individuals — especially those who have lived decades of law-abiding, productive life — this is a possible path to consider.

Common Myths About California Gun Rights After a Felony

Because firearm laws are confusing, many myths circulate online and through word-of-mouth. Here are the most frequent misunderstandings — and the truth behind them.

Myth #1: “After 10 years, my firearm rights come back.”

Reality: No time-based restoration exists for felony convictions in California.

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Myth #2: “My conviction was nonviolent, so it doesn’t apply.”

Reality: California bans all felons from possessing guns — violent or not.

Myth #3: “I moved out of state, so I can buy guns now.”

Reality: Most states check national records; federal law still applies.

Myth #4: “If it’s expunged, the ban disappears.”

Reality: Expungement does not restore firearm rights.

Myth #5: “My rights come back once my probation ends.”

Reality: Probation ending has no effect on a lifetime ban.

Why the Law Is So Strict

California legislators and public-safety officials justify the lifetime prohibition on several grounds:

• Felonies represent a high level of seriousness.

• The law aims to reduce the risk of future harm.

• Research suggests prior felony offenders may pose greater risk in firearm situations.

• The state prefers a uniform, predictable standard: felony = lifetime ban.

These policies are intended to prioritize community safety over individual firearm rights, even many years after a conviction.

Recent Legal Challenges and Shifts in Judicial Thinking

In recent years, national debates have emerged regarding whether lifetime gun bans for all felons — especially nonviolent ones — are constitutional under the Second Amendment. Courts have issued mixed rulings, and higher courts may continue to re-evaluate the scope of firearm restrictions for rehabilitated individuals.

While these legal developments could eventually reshape the landscape, as of now:

California’s laws remain strict, and the lifetime ban is still firmly in place unless a person qualifies for one of the limited restoration options described above.

What To Do If You Want to Explore Restoring Firearm Rights

If you or someone you know wishes to legally restore firearm rights after a felony in California, here are the smart steps:

1. Do not attempt to purchase or possess a firearm until your status is confirmed.
   Violations can lead to serious new felony charges.

2. Determine whether your felony was a wobbler.
   This is the most accessible path for many people.

3. Consult an attorney who understands firearm law, post-conviction relief, and both state and federal rules.

4. Consider whether you qualify for a Certificate of Rehabilitation or a Governor’s Pardon.

5. Get a legal evaluation before taking any action.
   The process is highly individualized and depends on your exact conviction, years since the offense, and judicial discretion.

Bottom Line: A Felony Usually Means a Lifetime Ban — With Rare Exceptions

California law is clear and strict:

• A felony conviction results in a lifetime gun ban.

• Expungement does not restore gun rights.

• Only a few legal pathways exist — felony reduction, pardon, or rehabilitation.

• Even if California restores rights, federal law may still prohibit possession.

Because of the complexity and the severe penalties for getting it wrong, no one should attempt to navigate this alone.

Call to Action: Get Expert Legal Help From Southwest Legal

If you’re seeking clarity about your gun rights or wondering whether your felony can be reduced — you need guidance from an experienced legal team. Contact Southwest Legal today for a confidential consultation and take the first step toward understanding your rights and your future.