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How can i get my gun rights back if i was convicted of midemeanor charges in California?

Newport Beach, CA |

I was tried in October 2004 and since then I have expunged my record but i still dont have my rights back I know. Here is what i was tried for: Battery on peace officer/emergency personnel, etc,Resisting public or peace officer,Battery against cohabitant

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Attorney answers 3


You're probably looking at a 10 year ban for the first few convictions you listed, but you should know that many states, including California will impose a lifetime ban for misdemeanor convictions involving domestic violence. Additionally, so does the Federal Government.

Read this website: and contact an attorney in your area for more information.

Good Luck!

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. This answer is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship. It is always best to seek counsel with a competent attorney experienced in your area of issue and fully informed about the facts of your case.


If you were convicted of Domestic Violence, current federal law will never allow you to legally own a firearm. I would not count on this ever changing. There is no political upside to giving guns back to people convicted of Domestic Violence.


The federal law that permanently prohibits firearms after conviction of domestic or family violence carries terribly stiff penalties if you are convicted or enter a guilty plea. In addition to prohibitions by the state of California, the Lautenberg Amendment carries a fine of up to $250,000 and a potential 10 year sentence in federal prison.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Christine C McCall

Christine C McCall


Postscript: A California conviction for battery on a co-habitant can be subject to the federal lifetime prohibition: misdemeanor crime of domestic violence" (MCDV) is defined as any state or federal misdemeanor that: "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor.

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