What disqualifies you from owning a gun in California?
Asked by: Prof. Conor Windler | Last update: November 29, 2025Score: 4.8/5 (53 votes)
Any person who has been convicted of a felony, certain misdemeanors, certain firearms offenses, who is addicted to narcotics, who is the subject of a domestic violence restraining order, or has been committed to a mental institution pursuant to Welfare and Institutions Code section 8100, may not possess or have under ...
What prevents gun ownership in California?
Any person who has a conviction for any misdemeanor listed in Penal Code section 29805 or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code section 8103 is prohibited from buying, owning, or possessing ...
How far back does a gun background check go in California?
The state began saving data about firearm purchases in 2014 for long guns and 1990 for handguns, so if your last purchase was before then, you are not in the state's database. To get into the database, you can register a firearm using this form, which costs $19.
Can you own a gun with a misdemeanor California?
Generally speaking, a misdemeanor conviction does not trigger a gun restriction. However, under California Penal Code 29805 PC, there are about 40 specific misdemeanor convictions that carry a ten-year firearms ban.
Can a felon own a gun after 10 years in California?
Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.
Who is restricted from owning a gun in California?
Can my wife own a gun if I'm a felon in California?
So you can own a firearm if you're married to a convicted felon, but unless you live in different homes entirely, firearms cannot physically be in your home. If you want to live with your spouse without the risk of them going to prison, you need to remove your firearms from your home.
What states restore gun rights to felons?
- Colorado, Kansas, Louisiana, Minnesota, North Carolina, North Dakota, Oregon and South Dakota automatically restore firearms rights to convicted felons - including those who committed violent crimes - but make them wait five to 15 years after they complete state supervision, the center and ATF found.
How do you restore gun rights in California?
- First, Review Your Record with an Expungement Attorney. ...
- Option 1: Reduce the Felony to a Misdemeanor. ...
- Option 2: File for a Certificate of Rehabilitation. ...
- Option 3: File for a California Pardon with the Board of Clemency.
How far does a firearm background check go?
The FBI's NICS system reviews eligibility based on current and recent events that would prevent someone from purchasing guns legally. For most criteria, the lookback period is typically around 5 years. However, some disqualifying events remain permanent.
What is a wobbler felony?
What is a California “wobbler” offense? A “wobbler” is a crime that can be punished as either a California felony or a California misdemeanor. Usually, the choice is made by the prosecutor at the time of charging the offense. The choice is important because California law recognizes three categories of offenses.
What is the 7 year rule for background checks in California?
In California, criminal convictions can only be reported for seven years. Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks.
What is the gun show loophole?
The term "gun show loophole" primarily refers to "a situation in which many sellers dealing in firearms offer them for sale at gun shows without becoming licensed or subjecting purchasers to background checks".
What is the new gun law in California in 2024?
Requires any person in possession of an unserialized firearm to apply to the Department of Justice for a unique mark of identification before January 1, 2024. The possession or transfer of a firearm without a serial number or mark of identification will be prohibited.
What disqualifies you from getting a firearm in California?
Any person who has been convicted of a felony, certain misdemeanors, certain firearms offenses, who is addicted to narcotics, who is the subject of a domestic violence restraining order, or has been committed to a mental institution pursuant to Welfare and Institutions Code section 8100, may not possess or have under ...
What state has the toughest gun laws?
Leading states for gun law strength in the U.S. 2025
California led the way in gun safety in the United States as of January 2025, with a composite score of 90.5 based on the presence of 50 key gun safety policies.
Can I legally carry a gun in my car in California?
Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle's trunk or in a locked container.
What makes you fail a gun background check?
The federally prohibiting criteria are as follows: A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
What does a doj background check show?
The results of a background check from the Department of Justice typically include credit history, past employment verification, and criminal history.
Can I find out why I was denied for a gun purchase?
If a transferee receives a “denied” response from NICS, can the transferee find out why they were denied? Yes. Although the licensee will not know the reason for the denial, the transferee may contact the FBI NICS section or the state point of contact in writing to request the reason for denial.
How much does it cost to get your gun rights back?
Gun rights restoration services start as low as $750, depending on the state in which your record occurred. We understand that cost is an important factor in choosing an attorney and we strive to keep our prices fair to our clients.
How to expunge a felony in California?
- Step 1: Get an experienced attorney.
- Step 2: Get and complete the necessary forms.
- Step 3: File for expungement.
- Step 4: Prepare for your hearing by meeting with your attorney.
- Step 5: Your court hearing.
- Step 6: What happens next. If the Court grants your petition:
Does a 5150 prevent you from buying a gun?
If someone is hospitalized on a “5150 Hold” (Welfare & Institutions Code § 5150) in California after police take that person into custody because it is determined the individual is a danger to himself or others, he may not possess a firearm or any other deadly weapon for five years after being released (Welfare & ...
What is the best state for a felon to live in?
The most friendly state for felons is Vermont, where no felons are disenfranchised and no voting restrictions. In the US, there are 5.17 million people disenfranchised due to a felony conviction. There are 2 million people in prisons around the US.
Can a convicted felon get a passport?
Who can and cannot get a passport? According to USA Today, most felons can get a passport without a problem. This is assuming a person is not currently awaiting trial, on probation or parole or otherwise banned from leaving the country.
When were felons banned from owning guns?
The 1968 Gun Control Act and subsequent amendments codified at 18 U.S.C. § 921 et seq. prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm.