Restoring Gun Rights Lost Due to a Criminal Conviction
Why Do People Lose Their Gun Rights In California?
- They were convicted of a felony or certain misdemeanor crimes.
- They became the subject of a restraining order.
- They were detained for a mental health evaluation & determined to be a danger to themselves or to others.
If you have lost your guns rights in California, you may be eligible to request a court order to restore them. To determine your status, please follow the guidelines in this article and then contact us at 800-560-8000
Prepare to be interviewed and asked for dates, names and locations ofthe attorney that represented you, the county courthouse where your case was filed, the hospital or mental health facility where you were held, etc.
What You Should Do Before You Call for Legal Help
Gather every piece of paper concerning the case or event which resulted in the loss of your gun rights. Copies of court documents and letters or bills from the attorney who previously represented you in court, are particularly useful.
If we ask you send us documents and papers for review before a consultation, please either fax them to us at 909-864-5243, email them as a pdf file or if you prefer to send them by mail, please send only copies, not the originals, as the United States Postal Service is reliable, but not perfect, and items do occasionally get lost in the mail. The original documents may be needed in future court proceedings.
Prepare to be interviewed and asked for dates, names and locations of the attorney that represented you, the county courthouse where your case was filed, the hospital or mental health facility where you were held, etc.
Many California crimes can be charged either as a felony or as a misdemeanor; this type of offense is often referred to in the California criminal justice system by the slang term "wobbler". Some examples of "wobblers" include possessing or receiving stolen property, insurance fraud, possession of methamphetamine (for personal use as opposed to possession for sale), second degree burglary, and many other common crimes.
If you were convicted of a "wobbler" as a felony and the sentencing judge did not impose a state prison sentence (including a state prison sentence that was suspended) but instead granted you probation, you can later return to court to ask that your felony conviction be ordered reduced to a misdemeanor for all purposes; subject to a few exceptions, this type of court order will restore your gun rights, unless there is something else in your background which also resulted in the loss of your gun rights.
Over the past 30 years, our firm has successfully handled numerous firearm rights restoration matters. Please contact our law office to consult with Mr. Colodny about restoring your firearm rights.