Can You Restore Gun Rights After a Felony in California?

Can you restore gun rights after a felony in California? Sometimes. An expungement alone won’t do it, and neither will Prop 47. A 17(b) reduction or a governor’s pardon may help, if no other ban applies. Below, I compare each option and explain how federal law fits in.

Reviewed by Allison Cole, Attorney | Last updated November 2, 2026

Can you restore gun rights after a felony in California?

It depends on your record. Under Penal Code section 29800(a)(1), anyone convicted of a felony who owns, buys, receives, or possesses a firearm commits a new felony. The statute sets no end date. In other words, the ban lasts until something changes the conviction itself.

For instance, many of my clients want to hunt again, work armed security, or keep a firearm at home. Those goals matter. Still, the stakes are high, so please take this plain warning seriously:

Don’t buy, borrow or hold a firearm until you’ve confirmed both state and federal law allow it.

Comparing your options at a glance

Option	What it does	Restores California gun rights?	Federal effect
1203.4 dismissal	Dismisses the case	No (PC 1203.4(a)(2))	Unlikely to help
17(b) reduction	A wobbler becomes a misdemeanor for all purposes	May, if no other ban applies	Uncertain; get advice
Prop 47 (PC 1170.18)	Certain drug and theft felonies become misdemeanors	No (PC 1170.18(j))	Unlikely to help
Governor’s pardon	Full pardon, often after a certificate of rehabilitation	May, unless the felony involved a dangerous weapon	A pardon may count under federal law; get advice
Federal 925(c) relief	Federal relief only	No; state bans stay	Possible, case by case

Does expungement restore gun rights?

No. This is the most common myth I hear. Penal Code section 1203.4(a)(2) says a dismissal “does not permit a person to own, possess, or have custody or control of a firearm.” The same rule applies to felony dismissals under PC 1203.41.

That said, an expungement still has real value. It releases you from most penalties of the conviction. It can also help with many private job applications. You can read about dismissing a conviction under PC 1203.4 and what a dismissed conviction shows on a background check.

How a 17(b) reduction can restore gun rights

A “wobbler” is a crime the court can punish either as a felony or as a misdemeanor. Under Penal Code section 17(b), a judge may reduce a wobbler to “a misdemeanor for all purposes.” Once that happens, California’s felony ban no longer rests on that case.

The judge decides, and the answer depends on your record. Under PC 17(f), an unpaid restitution order or fine can’t be the grounds for denial. Also, PC 17(e) only says a reduction can’t end a duty to register as a sex offender. It doesn’t create a firearm exception. To learn more, see my felony reduction services.

When a 10-year misdemeanor ban still applies

A reduction turns the case into a misdemeanor. However, Penal Code section 29805 bans firearms for 10 years after many misdemeanor convictions. The list includes several common wobblers, such as:

• assault with a deadly weapon or force likely to cause great bodily injury (PC 245);
• criminal threats (PC 422);
• stalking (PC 646.9);
• violating a protective order (PC 273.6); and
• brandishing (PC 417).

So a 10-year ban may still apply after a reduction. When I review your case, I check the dates carefully.

Domestic violence convictions

Domestic violence cases need extra care. For example, PC 29805(b) covers misdemeanor corporal injury to a spouse or partner (PC 273.5). A conviction on or after January 1, 2019 carries a lifetime California ban. Federal law also bars anyone convicted of a “misdemeanor crime of domestic violence” under 18 U.S.C. 922(g)(9).

Other bars to check

• Violent offenses listed in PC 29905, which carry a separate ban under PC 29900
• Restraining orders or protective orders
• Other felony or misdemeanor convictions, including out-of-state cases
• Probation conditions that forbid firearms

Will Prop 47 restore gun rights?

No. Prop 47 turned certain drug possession and low-value theft felonies into misdemeanors. However, Penal Code section 1170.18(j) says the change does not “permit that person to own, possess, or have in their custody or control a firearm.”

Even so, Prop 47 still helps in other ways, especially with jobs and housing. Since October 8, 2023, there is no deadline to apply. Keep in mind, though, that automatic Clean Slate relief doesn’t lift a firearm ban either.

A governor’s pardon may restore gun rights

For a straight felony, which can’t be reduced, a pardon is often the main state option. There are two paths. First, you can ask a court for a certificate of rehabilitation, which then goes to the Governor as a pardon application. Second, you can apply to the Governor directly.

Under Penal Code section 4852.17, a full and unconditional pardon based on a certificate can restore firearm rights. The statute covers “the right to own, possess, and keep any type of firearm.” For other pardons, PC 4854 says the Governor “may provide” that right. Either way, there’s an exception. The right isn’t restored if you were “ever convicted of a felony involving the use of a dangerous weapon.”

Note that a certificate of rehabilitation alone doesn’t lift the ban. Pardons are discretionary, and the Governor’s Office sets no timeline. The Governor’s pardon page explains both paths.

Federal gun laws after a California conviction

Federal law has its own rules. A state reduction may not end a federal ban. Get advice on your facts before you possess a firearm.

Under 18 U.S.C. 922(g), federal law bars people convicted of a crime punishable by more than one year. It also bars people with a misdemeanor domestic violence conviction. Under 18 U.S.C. 921(a)(20), a state misdemeanor punishable by two years or less doesn’t count. Also, a pardon or set-aside conviction may not count, unless the relief “expressly provides” a firearm ban.

That last point matters. Both PC 1203.4 and Prop 47 expressly keep the firearm ban. So they likely don’t remove a federal bar. By contrast, courts haven’t clearly settled how a 17(b) reduction affects the federal ban. Also, in 2025 the Ninth Circuit upheld the federal felon ban as applied to non-violent felons (United States v. Duarte).

New federal program to restore gun rights

In 2026, the U.S. Department of Justice revived a federal relief process under 18 U.S.C. 925(c). The final rule took effect September 21, 2026. According to the DOJ program page, public applications open November 4, 2026.

However, each case gets an individual review. Violent offenses and some other convictions are presumptively disqualifying. Importantly, federal relief doesn’t lift California’s own bans.

What to gather before you ask about your case

• Your case number and the exact code section
• The sentencing minute order, which shows whether a prison sentence was imposed
• Your criminal record (RAP sheet); the courts’ self-help guide explains record options
• Any restraining or protective orders
• Any out-of-state or federal records

Questions about your record? Call me at (408) 417-0477 for a free consultation.

Frequently asked questions

Does expungement restore gun rights in California?

No. Penal Code section 1203.4(a)(2) says a dismissal does not let you own or possess a firearm. If you had a felony, the lifetime ban in Penal Code section 29800 still applies after an expungement. A 17(b) reduction or a governor’s pardon may help instead, depending on your case.

Will a 17(b) reduction restore my gun rights?

It may. Once a wobbler is reduced, it is a misdemeanor for all purposes, so California’s felony ban no longer rests on that case. However, many misdemeanors carry a 10-year ban, and some domestic violence convictions carry a lifetime ban. Federal law may also apply, so get advice first.

Does Prop 47 restore gun rights?

No. Penal Code section 1170.18(j) says a Prop 47 reduction makes the offense a misdemeanor for all purposes except firearms. You still can’t own or possess a gun because of that conviction. Prop 47 can still help with jobs and housing, and other options may address the firearm ban.

Can a pardon restore gun rights in California?

It may. Under Penal Code section 4852.17, a full and unconditional governor’s pardon based on a certificate of rehabilitation includes the right to own firearms. The exception is a felony involving the use of a dangerous weapon. Pardons are discretionary and can take time, so the outcome depends on your record.

Does federal law still apply after a California reduction?

It can. Federal law has its own firearm bans, including for felonies and domestic violence misdemeanors. Courts have not clearly settled how a 17(b) reduction affects the federal ban. Since 2026, the U.S. Department of Justice also reviews federal relief requests. Get advice before you possess a firearm.

Talk with me about your gun rights

Every record is different, and gun laws have several layers. Call me at (408) 417-0477 for a free consultation. I’ll review your conviction and explain whether a 17(b) reduction, a pardon, or another option may fit your situation. You can also read about my felony reduction services.

Serving clients across California

Based on the Central Coast in Santa Cruz County, Allison Cole Law provides services statewide. From San Diego to Eureka, we are ready to assist you. Give us a call today at (408) 417-0477.

Disclaimer: This article is attorney advertising. It is general information, not legal advice, and reading it doesn’t create an attorney-client relationship. Laws change; check with the court or an attorney about your case.