In California, a criminal conviction can have implications for a person's gun rights. The specific consequences depend on the nature of the conviction. A knowledgeable criminal defense attorney will be able to advise you accordingly. Here's a general overview of how a criminal conviction can affect gun rights in California:
Felony Convictions A felony conviction in California typically results in a loss of firearm rights. Under state law, individuals convicted of a felony offense are generally prohibited from owning, possessing, or acquiring firearms. This prohibition is imposed by California's "felon with a firearm" law.
Domestic Violence Convictions Individuals convicted of domestic violence offenses, including certain misdemeanors, are subject to federal and state restrictions on firearm possession. Under the federal law known as the Lautenberg Amendment, individuals convicted of domestic violence offenses, even misdemeanors, are prohibited from possessing firearms. In California, a domestic violence conviction triggers a 10-year firearm prohibition.
Certain Misdemeanor Convictions Specific misdemeanor offenses can also result in a firearm prohibition in California. These offenses include, but are not limited to, assault, battery, certain drug offenses, certain restraining order violations, and various crimes involving violence or threats. If an individual is convicted of one of these offenses, they may be subject to a 10-year prohibition on possessing firearms.
Mental Health-Related Issues Individuals who have been involuntarily committed to a mental institution or have been determined by a court to be mentally incompetent may be prohibited from possessing firearms in California. Additionally, those who have been found not guilty by reason of insanity or have been deemed “mentally disordered” and dangerous may face restrictions on gun ownership.
Proposition 63, passed by the voters in 2016, established procedures for the relinquishment of firearms by individuals convicted of specific crimes. If you are convicted of one of the crimes in the categories above, you will be required to sign a declaration indicating you either do not own any guns or relinquish any guns you owned prior to the conviction.
It's important to note that the laws regarding firearm rights can be complex, and the information above is just a general overview. If you have concerns about your specific situation, contact a criminal defense attorney with experience handling these types of situations.