Legal Question in Criminal Law in California

Can an ex-felon who has been discharged from the CA prison system own and or posses a firearm? For employment: as a security guard (parks, buildings, bank, rental complex)? As a Peace Officer?


Asked on 12/09/11, 12:54 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

In California, possession (not just ownership) of a firearm by a felon is a felony. Holding or carrying someone else's gun qualifies as possession. So does just having it nearby if it is within your control.

You may be able to regain your gun rights by having your felony reduced to a misdemeanor, but many felons are not eligible for this relief due to the nature of their crimes or the length of their sentence. Your rights will also be restored if you obtain a pardon or a certificate of rehabilitation. These are even harder to get, but they are the only available options if you cannot obtain an expungement.

You will want a lawyer's help if you wish to pursue any of these avenues. Feel free to contact me directly if you want to discuss your options.

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Answered on 12/09/11, 1:06 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Security guard? Peace officer??!? Hate to rain on your fantasies, but felons on parole don't get hired for positions of trust. Even beyond these job categories, employers have hundreds of applicants for every job opening who aren't felons.

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Answered on 12/09/11, 1:14 pm
Joe Dane Law Office of Joe Dane

Sorry, but no.

A convicted felon cannot possess a firearm.

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Answered on 12/09/11, 2:29 pm
Terry A. Nelson Nelson & Lawless

Federal law bars all convicted felons from possessing firearms or ammunition. Expungement is not available to you if you were sentenced to prison, and no other form of 'reduction' will change your firearm prohibition, unless you are granted a full, unconditional pardon after first receiving a certificate of rehabilitation from a court. Then the pardon will restore many of your core civil rights, including, but not limited to, your rights to vote, to serve on a jury, and to possess a gun. However, if you were convicted of a crime that involved the use of a dangerous weapon, the pardon will not restore your gun rights.

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Answered on 12/11/11, 5:00 pm


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