Losing your gun rights doesn’t have to be permanent. California law provides several pathways to restore firearm rights, depending on what caused the prohibition. Here’s how to determine if you’re eligible.
What Causes Firearm Prohibitions in California?
Felony Convictions
Any felony conviction in any state results in a lifetime federal AND California firearms prohibition. However, some felonies can be addressed: – Wobbler felonies — Can potentially be reduced to misdemeanors under PC 17(b), then firearm rights are restored – Federal felonies — Require a presidential pardon or specific state relief
Certain Misdemeanor Convictions
Specific misdemeanors trigger 10-year firearm prohibitions: – Assault and battery (PC 240, 242) – Brandishing a weapon (PC 417) – Domestic violence (PC 243(e)(1), 273.5) – Threats (PC 422) – Stalking (PC 646.9)
Mental Health Holds
A 5150 hold (72-hour involuntary psychiatric hold) triggers a 5-year firearm prohibition.
Restraining Orders
Active restraining orders (DVRO, GV restraining order) prohibit firearm possession for the duration of the order.
Eligibility for Restoration
Path 1: Felony Reduction (PC 17(b)) + Expungement
If your felony is a wobbler (could have been charged as a misdemeanor): 1. Petition to reduce the felony to a misdemeanor 2. Once reduced, your firearms prohibition is lifted for state purposes 3. Follow with expungement for maximum benefit
Eligible: Wobbler felonies only (not straight felonies)
Path 2: 10-Year Misdemeanor Prohibition Expiration
If your prohibition is from a qualifying misdemeanor: – Wait 10 years from conviction – Prohibition automatically expires – Confirm with a DROS check before purchasing
Path 3: Certificate of Rehabilitation + Governor’s Pardon
For straight felonies that cannot be reduced: 1. Apply for a Certificate of Rehabilitation (PC 4852.01) 2. This serves as an automatic application for a Governor’s Pardon 3. A pardon can restore firearm rights
Timeline: You must wait 7–10 years after discharge from probation/parole before applying
Path 4: 5150 Hold Petition
If your prohibition is from a 5150 hold: – Petition the court under Welfare & Institutions Code § 8103 – You must show you would not be likely to use firearms in an unsafe manner – Requires supporting evidence (mental health records, declarations)
Quick Eligibility Guide
| Prohibition Type | Can Gun Rights Be Restored? | How? |
| Wobbler felony | ✅ Yes | PC 17(b) reduction to misdemeanor |
| Straight felony | ⚠️ Maybe | Certificate of Rehabilitation + pardon |
| 10-year misdemeanor | ✅ Yes | Wait for expiration OR early petition |
| 5150 hold | ✅ Yes | Court petition (W&I 8103) |
| Active restraining order | ⚠️ Not until order expires | Wait for expiration or seek modification |
| Federal conviction | ❌ Very difficult | Presidential pardon |
How Superior Court Docs Can Help
Superior Court Docs evaluates your situation and prepares the appropriate petition for gun rights restoration — whether that’s a PC 17(b) reduction, expungement, or Certificate of Rehabilitation.
📞 (213) 973-7248 or get started.
Related: Complete Gun Rights Restoration Guide | Gun Rights After Expungement | Expungement Guide
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