Monder Law Group - News
How to Restore Your Firearm Rights
Who does P.C. §12021.1 regulate?
Any person who has been convicted of specified crime, whether a misdemeanor or felony relating to violence, unlawful use of firearms, or who is addicted to the use of a narcotic drug.
What is prohibited under P.C. §12021.1?
A convicted felon is prohibited from owning, purchasing, receiving, possessing, acquiring or having control of a firearm or ammunition.
What are the legal ramifications of a convicted felon in possession of a firearm?
A convicted felon who owns, purchases, receives, or has in possession or under custody or control any firearm or ammunition is guilty of a felony crime.
What are the punishments for a felon convicted of a misdemeanor who is later found in possession of a firearm?
A person convicted of a misdemeanor who is later convicted of the crime of being a felon in possession of a firearm may face a sentence of up to one year in county jail or a fine of $1,000 or both.
What are the punishments for a felon convicted of a felony who is later found in possession of a firearm?
A person convicted of a felony who is later convicted of the crime of being a felon in possession of a firearm may face a sentence of sixteen months or two or three years in state prison.
When is a convicted felon informed about restrictions to possess a firearm?
A convicted felon receives written notice of the restriction on his or her right to posses a firearm at the same time that judgment is imposed.
How can a convicted felon verify eligibility to possess a firearm?
A convicted felon can pay $20 to obtain from the DOJ website a eligibility check to determine whether he or she is eligible to possess a firearm.
Can firearm privileges be restored to a convicted felon?
It depends on the original offense that the person was convicted for, which caused the person to loose his or her firearm privileges to begin with.
What offenses may prohibit restoration of firearms privileges?
A violent offense pursuant to P.C. §29905, an offense that involved the violent use of a firearm pursuant to P.C. §23515, an offense that involved assault with a firearm 245(a)(2), or two or more convictions for brandishing a weapon in an angry or threatening manner in any fight or quarrel pursuant to P.C. §417(a)(2).
Who is not eligible to have firearm privileges restored?
A person adjudicated to be mentally incompetent to stand trial; a person found not guilty by reason of insanity at trial; a mentally disordered sex offender, and a person convicted of an offense that involved the use of a dangerous weapon.
How are firearm privileges restored to a felon convicted of a wobbler crime?
A wobbler crime is an offense that may be prosecuted as either a misdemeanor or a felony. If the original offense is a felony that is considered a wobbler, then the person must petition that the felony be reduced to a misdemeanor. Next, the person will need to petition to have the charges dismissed in order to restore his or her firearm privileges.
How are firearm privileges restored to a felon convicted of a felony offense?
A convicted felon of a felony offense must apply for a Governor’s Pardon in order to try to have firearm privileges restored. This application is a two part process; the person must first apply and obtain a Certificate of Rehabilitation. If the Certificate of Rehabilitation is granted, it will serve as the application for a Governor’s Pardon. If the Governor’s Pardon is granted, it must declare to give FULL AND UNCONDITIONAL pardon to the convicted felon in order for the person to have his or her firearm privileges restored.
If you have any questions about how to restore your firearm rights contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense
