Close
Updated:

Will a California Misdemeanor Conviction Prevent You From Owning a Gun?

There are two types of Americans — those who cherish their rights to keep and bear arms, and those that want nothing to do with firearms. After a criminal conviction, your right to own a firearm could be eliminated. According to data from the Giffords Law Center, California has the strictest gun laws in the country. Therefore, a criminal arrest and conviction here may have even harsher implications on your ability to own a firearm.

Regardless of the crime with which you have been charged, the best chance you have at securing the most favorable outcome will be to work with a resourceful and seasoned attorney in your state. In California, residents that are arrested and charged with crimes, from misdemeanor offenses to serious felonies, can count on the legal counsel of the trusted and aggressive San Diego misdemeanor defense attorney David M. Boertje.

How Can a Misdemeanor Conviction in California Affect Your Rights? 

A felony conviction in the state of California means you will be unable to be near guns or legally own them, but a misdemeanor conviction is different. Misdemeanor offenses are considered less serious criminal acts than felonies. Then there are wobbler crimes. These crimes are not necessarily a misdemeanor or a felony. A prosecutor has discretion when considering what charges to bring, and they can decide if the details of your case warrant a misdemeanor or felony charge.

A conviction for a misdemeanor may not come with a restriction on your right to bear arms forever, but it could come with a restriction for a limited amount of time. Some convictions that come with a 10-year ban on owning a gun in California include the following:

  • Assault and battery
  • Sexual battery
  • Threatening public officials
  • Intimidating or threatening witnesses and victims
  • Discharging a gun in a grossly negligent way
  • Violation of a domestic protection order
  • Domestic violence
  • Unlawfully bringing a weapon into a courtroom
  • Threatening to cause physical bodily harm to another party

Criminal penalties alone can be hard enough to endure, but when your rights are restricted, this can be an incredible setback and make an already distressful situation even more challenging. 

When you face criminal charges, you may be able to defend yourself against them and secure the most favorable outcome of having your case dismissed or your charges dropped. To help you achieve your goals, working with a legal professional who knows the criminal justice system in California and how to get results is critical.

Speak to a San Diego Criminal Defense Attorney Today

Not knowing what to expect after an arrest and hoping to overcome your charges is normal. Let the San Diego criminal defense attorney David M. Boertje help you and protect you from the harsh implications of the law. Please call The Law Offices of David M. Boertje today to schedule a free consultation at (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location. 

Contact Us