Second Amendment Rights And In Contra Costa

State:
Multi-State
County:
Contra Costa
Control #:
US-000298
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.

Federal law outlaws the possession of firearms or ammunition by several categories of people, including: convicted felons. anyone who's been convicted of a misdemeanor for domestic violence or is under a domestic violence restraining order.

Your CCWL may not be revoked solely because your place of residence has changed to another county provided you haven't breached any of the conditions or restrictions set forth in the license and you haven't become prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

Pardon from California Governor There is only one relatively certain way to restore your federal gun rights: obtain a pardon. Pardons can be obtained from either the Governor of California or the President of the United States.

Prop 47 Does Not Restore Firearm Rights A Prop 47 reduction from a felony to a misdemeanor will not restore your firearm rights. In order to restore your firearm rights, you will first need to reduce your felony to a misdemeanor for all purposes under Penal Code 17b, not Prop 47.

CONCEALED CARRY WEAPON LICENSE The process to obtain a CCW License includes: completing the standard California Department of Justice application, Live Scan (electronic fingerprinting), formal interview, training, collection of license fees, and in some cases psychological testing may be required.

Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.

To get your gun rights back you'd need a California pardon based on a Certificate of Rehabilitation and a finding of innocence. This should satisfy the Federal government,though I must warn you they are difficult if not virtually impossible to get. You would have to apply to the governor for a pardon.

However, U.S. Supreme Court decisions of Heller (2008) and McDonald (2010) established that the Second Amendment applies to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.

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Second Amendment Rights And In Contra Costa