Legal Question in Criminal Law in California

Re: Do felons retain the right to bear arms?

Felons are prohibited by various federal and state laws from being in possession or control of ANY firearm or ANY ammunition. Those definitions are strictly interpreted against the felon. There is mandatory prison time for violation, so be warned against being anywhere near a firearm in your home, vehicle, work, etc.

In some circumstances you may be able to reinstate your rights to firearms, but it depends upon the conviction, the facts, etc. If interested in discussing the issues and costs of doing so, contact me.

Re: Do felons retain the right to bear arms?

Whether individuals actually have a right to own firearms is an unsettled issue. Many scholars have said the answer is no and, as far as I am aware, every court which has considered the question has agreed with them.

Whether gun ownership is a right or a privilege, though, it clearly is legal for most people in most states, subject to whatever regulations may exist there.

The problem you face is that "most people" means non-felons and those not subject to restraining orders. Felons may not legally possess any kind of firearm, and being a felon in possession of a firearm is a felony with severe penalties. Don't try this at home.

Keep in mind that possession is much broader than ownership. If you have a gun in your custody or control, keep it in a place you control, or otherwise put yourself in a position where you can exercise dominion over the gun, you are in possession regardless of who the owner might be. For example, if a friend asks you to hold his gun for a few seconds while he ties his shoelaces and you accept it, you are in possession of the gun and have comitted a felony. The same is true if a friend accepts a ride with you and puts his gun under the passenger seat (provided that you know this has happened and fail to immediately do something about it).

Mr. Nelson's reply correctly notes that there are ways some felons can regain the legal ability to own gunds. If owning a gun is important to you you should consult with an attorney to see whether you are a good candidate for re-instatement. In the meantime, avoid guns like the plague. (And avoid the plague, too, if you can.)