Gun ownership is a right, but that right can be taken away if you are convicted of a felony. This can have a serious impact if you carry a gun for work, for protection or simply for recreational purposes.
Restoring your right to own, possess or purchase a firearm can be a complicated process. Under state law you must first reduce your felony conviction to a misdemeanor. This is accomplished by filing a section 17(b) motion to reduce your conviction to a misdemeanor. This motion will only be granted, however, if your conviction meets certain criteria.
First, the crime you were convicted of must be a “wobbler.” A wobbler is an offense that can be charged as either a felony or a misdemeanor. Not every crime is a wobbler, and our attorneys can help you determine whether your offense qualifies.
Second, in addition to the offense being a wobbler, you must have received probation.
Finally, the judge must decide if your case is an appropriate one to be reduced. For example, the judge may look at how serious the charge was, how long ago it took place and what efforts you have made to lead a law abiding life since you were convicted.
It is important to remember that the law on when you may possess a firearm are very complicated. t’s best to go over these issues with your attorney. However, you can get an overview of the laws in this area here.Back to Expungement Practice Area