Legal Question in Criminal Law in California

I hate to give someone bad news, but it's even worse than you thought.

Penal Code 1203,4 specifically says it does not restore your gun rights. However, you have an even bigger problem.

Under Federal law, a misdemeanor domestic violence conviction results in a lifetime ban on possession of firearms and ammunition. (I am assuming you were convicted of a misdemeanor because felons cannot possess guns, either.)

See 18 U.S.C. � 922(g)(9).

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 Avvo, 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.

Nothing happens to it. You are still a 'prohibited person' barred from possession of any firearm or ammunition. Your only way of changing that is to TRY to obtain a court order from the convicting court, reversing that gun ban with a motion showing of legal good cause why the court should do so and specially treat you differently than the law requires. IF you have overwhelming good cause, and are serious about spending the time and money to do so, feel free to contact me.

I'm always puzzled by Mr. Nelson's statements about a court order to restore firearm rights.

The only relief authorized in California is for police officers, who depend on carrying a gun to keep their jobs, and it only applies to certain misdemeanors. It also wouldn't help someone convicted of a domestic violence offense because the lifetime Federal gun ban would still apply.

Even assuming you could find a judge who was senile or ignorant enough to grant this "special motion," it MIGHT get you out of trouble one time, but no more. Since it would be illegal for a judge to grant a motion restoring your gun rights, you MIGHT be able to claim you relied on it the first time you got caught... but after that, you'd be told it was no good, and you couldn't claim you didn't know it was an illegal order.