Legal Question in Criminal Law in California

It sounds like you are already aware of Penal Code 12021, which prohibits defendants convicted of certain violent misdemeanors, including Penal Code 422, from possessing a firearm for ten years.

However, if your conviction could be considered an act of domestic violence, Federal law would prohibit you from possessing a firearm for the rest of your life.

One frequent poster to LawGuru claims to be able to file a special motion to restore your gun rights, but there is no legal authority for a judge to grant such a motion (except for the provisions in Penal Code 12021, which only apply to law enforcement officers whose jobs depend on carrying a gun, and would not affect a Federal domestic violence ban). Even if you found a judge clueless enough to grant an unauthorized motion, it would not be valid.

I would strongly suggest you request a Personal Firearms Eligibility Check (PFEC) through the California Department of Justice before possessing or attempting to buy a gun.

http://ag.ca.gov/firearms/pfecfaqs.php

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

California Penal Code 12021 is the controlling statue in this situation. It really depends on the facts involved in your conviction and without more information and in this type of forum it is impossible to give you any real information. I suggest you consult with an attorney near you. Gather the information you have regarding your conviction, and spend an half an hour or an hour with an attorney. The charge will be small and the information you get will be well worth the money. You can also request the California Department of Justice, run and firearms check on you. This will give you, your current eligibility status for owning a firearm.

The information in this message is general legal information and is not legal advice. The communications between the parties has not created an attorney client relationship and there is no attorney client privilege regarding communication as any result of any information in this message.

Good Luck

Brian McGinity