Legal Question in Criminal Law in California

I was convicted of misd. PC273.5 inflict injury on spouse about 20 years ago. I have since moved out of state and want to hunt. I am still married to the same woman who can testify to the fact that I am an upstanding citizen.Can I get my civil rights restored in California and federal?

Asked on 3/28/12, 11:46 am

2 Answers from Attorneys

Brian McGinity McGinity Law Office

There are certain types of cases where without a Governor's pardon it is impossible to restore your rights to own a gun. Generally, when there is a conviction in a Domestic Violence case, even those that are considered misdemeanors, it will prevent the person convicted from possessing a gun or ammunition.

California Penal Code 273.5 is one of those crimes that carries with it a restriction against owning a firearm. Therefore you will need to apply for a Governor's pardon in order to get your rights to own a firearm again in California.

Good luck

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Answered on 3/28/12, 7:08 pm
Terry A. Nelson Nelson & Lawless

If you have been convicted of any felony, or had a domestic violence restraining order issued, in any state, you are a 'prohibited person' barred for life from firearms ownership.

Mr. McGinity's information about Governor's pardon as your only chance for restoration is correct, just not entirely complete. There have only been a handful of Governor's pardons with restoration of rights in the last decade, and then only for extraordinary legal and factual circumstances, such as overwhelming proof of factual innocence of the original charge and a conclusion that the conviction was a 'travesty of justice'.

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Answered on 3/25/13, 12:08 pm

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