A California misdemeanor domestic violence conviction from decades ago may still prevent you from legally possessing a firearm — even though California’s original firearm prohibition expired years ago.
The reason is federal law.
Under 18 U.S.C. § 922(g)(9), certain misdemeanor domestic violence convictions can result in a federal firearm prohibition that continues long after the California prohibition has ended.
For years, there was virtually no practical way for many people in this situation to seek restoration of their federal firearm rights.
That has changed.
Federal Gun Rights Restoration Under 18 U.S.C. § 925(c)
The U.S. Department of Justice has established a new process allowing eligible individuals to seek restoration of their federal firearm rights under 18 U.S.C. § 925(c).
This may be particularly important for people with older California misdemeanor domestic violence convictions from the 1970s, 1980s, 1990s, or early 2000s.
In many of these cases, California’s firearm prohibition may have expired years ago, while the federal prohibition remained.
A successful federal restoration could remove that remaining federal firearm disability, provided there is no other state or federal prohibition.
Does Your Old California Conviction Qualify?
Not every California domestic violence conviction creates the same firearm prohibition.
The answer can depend on:
- the specific offense of conviction;
- when the conviction occurred;
- whether the conviction qualifies under federal law;
- whether California still prohibits firearm possession;
- subsequent criminal or domestic violence history; and
- other facts affecting eligibility for federal restoration.
A conviction that occurred 20, 30, or 40 years ago should not automatically be assumed to create the same firearm restrictions as a recent conviction.
California Conviction — Nationwide Federal Problem
Federal firearm law follows you even if you no longer live in California.
We are contacted by individuals throughout the country who have an old California domestic violence conviction but now live in another state. In those cases, the California conviction may continue to create a federal firearm disability even though the person has not lived in California for many years.
Federal restoration under § 925(c) may provide a path to removing that federal prohibition.
For another example of how California and federal firearm laws can overlap, see our discussion of restoring gun rights after a California 5250 hold.
Attorney Representation for Federal Firearm Rights Restoration
Federal firearm restoration is not simply a matter of completing a form.
Our office evaluates the underlying California conviction, determines the state and federal firearm consequences, reviews potential eligibility for federal relief, and prepares and presents the client’s case for restoration.
We represent qualifying clients in federal firearm rights restoration matters nationwide.
Find Out Whether Your Federal Gun Rights Can Be Restored
If an old California domestic violence conviction is still preventing you from purchasing or possessing firearms, federal relief may now be available.
Contact our office to schedule a consultation regarding federal firearm rights restoration under 18 U.S.C. § 925(c).
Learn more about California courts at the Judicial Branch of California