Can a criminal defense attorney help me get my gun rights back?
13 years ago I was charged and convicted of a felony. I pled not guilty but was convicted. I have all rights, but they took my gun permit away from me. I have not tried to get them back. I am now married and have children and want to be able to protect my family. What type of attorney do I need to help get my gun rights back?
Answered By: Law Office of Peter F. Goldscheider
You need a criminal attorney who does post-conviction expungement work. You will need a Certificate of Rehabiliation and a Governors' pardon to get back your right to own a firearm.
Answer Applies to: California
Replied: 12/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Hammerschmidt Broughton Law
Unfortunately, under federal law, having been convicted of a felony you are not entitled to own or possess a firearm even if California law would allow it. I know of no way around it.
Answer Applies to: California
Replied: 12/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
Depending on what you were charged with, a criminal defense attorney may be able to help you. California Penal Code 17 (b) authorizes the reduction of a felony to a misdemeanor. If a motion to reduce a felony to a misdemeanor is granted the statute says that the charge shall be treated as if it were always a misdemeanor. Most judges agree that this will restore gun rights.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Robert L. Driessen
There are a few ways to restore your gun rights. You will want to contact an attorney to assist you in the process. If this felony was a wobbler meaning it could have been filed as a misdemeanor or a felony that will greatly assist in the process.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
No attorney can get the gun rights back for a felon.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
Rights are gone absent a pardon. That is as to the state and may not address federal restrictions. Contact an attorne who handles criminal law in bth state and federal courts. Keep in mind that pardons are a political football.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Ramona Hallam
The only way to restore your firearms rights following a straight felony conviction is to obtain either a Governor's pardon or a California Certificate of Rehabilitation. A simple expungement will not do it. If you successfully obtain either of these forms of relief, your gun rights will be restored unless you have any felony conviction that involved the use of a dangerous weapon. Then there is no way to restore your firearms rights. "Dangerous weapon" is any weapon, instrument, or object capable of being used to inflict great bodily injury or death.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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