CALIFORNIA RESTORING GUN RIGHTS FOR DOMESTIC VIOLENCE MISDEMEANORS
A conviction of a domestic violence misdemeanor typically triggers a lifetime ban under federal law. You are not considered convicted of a dv unless you were: 1) represented by counsel, or waived such representation; 2) you were tried by a jury, unless you waived your right to a jury trial.
California Domestic ViolenceThese two California Penal Code sections are typically considered domestic violence: 1) PC 273.5; and 2) 243(e). However, there are other California Penal Code sections that the feds may consider as domestic violence crimes to which the federal lifetime ban applies such as: 1) PC 242; 2) PC 240; and 3) PC 415. The California Courts have concluded that a person simply touching of another is not automatically considered prohibited from the lifetime ban.
California 10 Year ProhibitionCalifornia has a 10 year prohibition for any person convicted of a misdemeanor violation of the following: Penal Code sections 71, 76, 136 .5, 140, 148, subdivision (d), 171b, 171c, 171d, 186 .28, 240, 241, 242, 243, 244 .5, 245, 245 .5, 246, 246 .3, 247, 273 .5, 273 .6, 417, 417 .1, 417 .2, 417 .6, 422, 626 .9, 646 .9, 830 .95, subdivision (a), 17500, 17510, subdivision (a), 25300, 25800, 27510, 27590, subdivision (c), 30315, or 32625, and Welfare and Institutions Code sections 871 .5, 1001 .5, 8100, 8101, or 8103 .
In Federal Analysis: Relationship Status Is The KeyThe required relationship status must be met in order to violate federal law. The facts of your relationship need to be analyzed. For example, someone you were dating or engaged to be married does not fit the definition of victim under the federal dv statute. That means if you were convicted of dv where the victim is one of these individuals, then you may not have a lifetime ban pursuant to 18 USC 922 because it many not be considered domestic violence.
Effect of a PardonA pardon restores civil rights lost, but does not seal or expunge the record of conviction. A pardoned conviction may not itself be grounds for denial of a license but may be taken into account in licensing proceedings. It also does not operate to restore firearms rights where the underlying crime involved use of a dangerous weapon. Cal. Penal §§ 4853, 48548
For the effect of a Certificate of Rehabilitation, see Cal. Penal § 4852.15. A pardon based on a COR must be recorded on the person’s criminal record and reported to the FBI. § 4852.17. Only a pardon restores civil rights lost as a result of conviction, including firearms rights.