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Does a 1203.4 and a 17(b) in california make you elegible to own a gun? its been over 10 years?

Burney, CA |

my husband was convicted of a felony in july of 2000.we had it reduced to a mismeandor in june of 2006. can he buy or own a gun now? its been over ten years and pretty sure the judge told him it was a 10-year no gun clause.

Attorney Answers 3


Penal Code 17(b) allows the court to reduce certain felonies, known as "wobblers," to misdemeanors. If you had a felony that was subsequently reduced to a misdemeanor, it will allow you to own a gun again -- with a couple of very important exceptions.

If you were convicted of a domestic violence offense, Federal law prohibits you from possessing a gun for life, even if the conviction was a misdemeanor.

As you note, some misdemeanors involving violent or assaultive conduct carry a ten year firearm prohibition. They are listed in Penal Code 12021(c)(1). If your felony is reduced to a misdemeanor, the ten-year ban for a misdemeanor would apply.

To be safe, I would strongly encourage you to get a Personal Firearm Eligibility Check (PFEC) from the California Department of Justice. They will tell you for certain whether it's legal for you to have a gun. Follow this link:

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By the way, a dismissal under Penal Code 1203.4 (sometimes called an "expungement," even though it doesn't expunge anything) specifically DOES NOT restore your right to own or possess firearms.

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1 lawyer agrees


1203.4 does not automatically, by its language, restore gun rights. It has limited value. A federally licensed gun dealer should be able to tell you whether you'll run afoul of federal laws.

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