Can a felon own a gun in California?

California has a complex system: felony convictions generally result in a lifetime ban on firearm possession. Certain 'wobbler' offenses reduced to misdemeanors may allow firearm rights to be restored. A Certificate of Rehabilitation or gubernatorial pardon can restore rights for some offenses, but violent felonies and certain weapons offenses carry permanent bans.

How can a felon restore gun rights in California?

Seek reduction of wobbler offenses to misdemeanors, obtain a Certificate of Rehabilitation, or apply for a gubernatorial pardon. The specific path depends on the offense.

What is the waiting period for gun rights restoration in California?

Varies. Certificate of Rehabilitation requires 7-10 years of rehabilitation after sentence completion. Wobbler reduction can happen at sentencing or after probation.

Are there exceptions to gun rights restoration in California?

Convictions for any offense listed under California Penal Code 667.5(c) (violent felonies) or certain weapons offenses result in a lifetime ban that cannot be restored by Certificate of Rehabilitation — only a gubernatorial pardon can restore rights.

Can a felon get gun rights back in California?

It depends on the type of conviction. For 'wobbler' offenses reduced to misdemeanors under PC 17(b), gun rights may be restored. For non-violent felonies, a Certificate of Rehabilitation followed by a governor's pardon can restore rights. For violent felonies under PC 667.5(c) or offenses involving dangerous weapons under PC 29900, only a governor's pardon explicitly restoring firearm rights can help — and these are rarely granted. Expungement under PC 1203.4 does NOT restore gun rights.

What is a 'wobbler' offense in California and how does it affect gun rights?

A 'wobbler' is a crime that prosecutors can charge as either a felony or a misdemeanor. Common examples include assault with a deadly weapon (PC 245), grand theft (PC 487), and burglary (PC 459). If you were convicted of a wobbler felony and received probation, you may petition the court under PC 17(b) to reduce it to a misdemeanor. If granted, the conviction is reclassified for all purposes, potentially restoring your firearm rights under both state and federal law.

How long does it take to get a Certificate of Rehabilitation in California?

You must reside in California for at least 5 years after your earliest release from custody, plus an additional rehabilitation period of 2 to 5 years depending on the severity of the offense. In total, you are looking at 7 to 10 years minimum after release. The certificate then automatically becomes an application for a governor's pardon, which has no fixed timeline — the Governor may take months or years to act, or may not act at all.

Does a Certificate of Rehabilitation restore gun rights?

No. A Certificate of Rehabilitation by itself does NOT restore firearm rights. It is an important step because it automatically serves as an application for a governor's pardon, and it is the pardon that can restore gun rights. However, the pardon must explicitly include restoration of firearm privileges. Additionally, for violent felonies under PC 667.5(c), even a Certificate of Rehabilitation will not lead to gun rights restoration — only the pardon itself can do that.

What is Proposition 63 and how does it affect felons?

Proposition 63, the Safety for All Act, was passed by California voters in 2016. It requires background checks for ammunition purchases, bans possession of large-capacity magazines (over 10 rounds), makes firearm theft a felony regardless of value, and creates court processes to ensure convicted felons and other prohibited persons surrender their firearms. For felons, it means that even ammunition possession is subject to background checks and prohibited.

Can I own a gun in California with a federal felony conviction?

No. PC 29800 prohibits firearm possession for persons convicted of a felony under federal law, state law, or the law of any other state or country. A federal felony conviction triggers the same California lifetime ban as a state conviction. To restore rights, you would need a presidential pardon (for federal convictions) or may be able to use the revived federal 18 USC 925(c) process.

Does California's felon-in-possession law apply to BB guns or pellet guns?

Generally no. California's felon-in-possession law under PC 29800 applies to 'firearms' as defined by state law. BB guns and pellet guns that use air or CO2 are generally not classified as firearms under California law unless they are designed to expel a projectile by the force of an explosion or other form of combustion. However, some local ordinances may restrict these items for felons. Always verify with local laws.

What happens if a felon is caught with a gun in California?

A felon caught possessing a firearm in California faces prosecution under PC 29800, which is a felony carrying 16 months, 2 years, or 3 years in state prison. If the person has a violent felony history, enhanced penalties under PC 29900 apply, including a mandatory minimum of 6 months in jail. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.

Is there a new federal pathway to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief, which had been effectively defunded since 1992. Under this process, individuals prohibited from possessing firearms under federal law may petition the Attorney General for relief. The DOJ estimates approximately 1 million applications in the first year. The detailed application procedures are still being developed — monitor the ATF and DOJ websites for updates.

Felon Gun Rights in California

Must petition for restoration

It depends. If you were convicted of a 'wobbler' felony and it is reduced to a misdemeanor under PC 17(b), your gun rights may be restored. For non-violent felonies, you must obtain a Certificate of Rehabilitation and then a governor's pardon. For violent felonies under PC 667.5(c), only a governor's pardon can restore your rights, and it must explicitly include firearm privileges. The process is lengthy and difficult in all cases.

Last updated: 2026-03-21

Overview

California imposes a lifetime ban on firearm possession for all felony convictions under Penal Code 29800. Restoration is extremely difficult and depends on the type of offense. For 'wobbler' offenses that can be reduced to misdemeanors, a court may grant reduction under PC 17(b), which can restore gun rights. For other non-violent felonies, a Certificate of Rehabilitation followed by a gubernatorial pardon is the primary path. Violent felonies listed under PC 667.5(c) carry a permanent ban that only a governor's pardon explicitly restoring firearm rights can lift. California also has some of the nation's strictest ammunition and magazine laws under Proposition 63 (2016).

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), any person convicted of a felony punishable by more than one year of imprisonment is federally prohibited from possessing firearms. In California, reducing a wobbler to a misdemeanor under PC 17(b) can lift both the state and federal ban because the conviction is reclassified as a misdemeanor for all purposes. A California governor's pardon that restores civil rights (including firearm rights) can also remove the federal disability. However, a Certificate of Rehabilitation alone does NOT remove the federal prohibition — only the subsequent pardon does. Expungement under PC 1203.4 (dismissal of conviction) does NOT restore gun rights under California or federal law. The revived federal 18 USC 925(c) process under the DOJ (as of March 2025) may provide an additional pathway for federal relief, though the application process is still being finalized.

Can restore gun rights

✓Persons convicted of a 'wobbler' offense who received probation (not a state prison sentence) — may petition to reduce the felony to a misdemeanor under PC 17(b)
✓Persons convicted of non-violent felonies not listed under PC 667.5(c) — may seek a Certificate of Rehabilitation followed by a governor's pardon
✓Persons convicted of certain felonies in other states where the conviction has been vacated, set aside, expunged, or dismissed under that state's law (per 2025 amendments to PC 29800)
✓Persons who receive a full and unconditional governor's pardon that explicitly restores firearm rights
✓Persons whose federal firearms disability is removed through the revived 18 USC 925(c) process (federal convictions or when state restoration is insufficient)

Cannot restore gun rights

✗Persons convicted of violent felonies listed under PC 667.5(c) — Certificate of Rehabilitation cannot restore gun rights; only a governor's pardon can, and these are rarely granted for violent offenses
✗Persons convicted of felonies involving the use of a dangerous weapon — permanent ban under PC 29900 that a Certificate of Rehabilitation cannot lift
✗Persons convicted of certain sex offenses against minors
✗Persons convicted of felony offenses where a state prison sentence was imposed (wobbler reduction is generally unavailable once a prison sentence is imposed)
✗Persons with felony convictions who only obtain expungement under PC 1203.4 — this does NOT restore gun rights
✗Persons subject to domestic violence restraining orders (separate prohibition under PC 29825)
✗Persons addicted to narcotics (separate prohibition under PC 29800(a))

Step-by-Step Process

Determine your offense type and available path

Identify whether your conviction is a 'wobbler' (an offense that can be charged as either a felony or misdemeanor), a non-violent felony, or a violent felony under PC 667.5(c). Wobbler offenses may be reduced to misdemeanors. Non-violent felonies require a Certificate of Rehabilitation and pardon. Violent felonies require a governor's pardon. Consult an attorney to determine which path applies to your specific conviction.

For wobblers: Petition to reduce the felony to a misdemeanor under PC 17(b)

If you were convicted of a wobbler felony and received probation (not a state prison sentence), your attorney can file a motion under Penal Code 17(b) asking the court to reduce the conviction to a misdemeanor. If granted, the conviction is reclassified as a misdemeanor for all purposes, which may restore your firearm rights under both state and federal law — unless the misdemeanor itself carries a firearms prohibition (e.g., certain domestic violence misdemeanors carry a 10-year ban).

For non-violent felonies: Apply for a Certificate of Rehabilitation

File a petition for a Certificate of Rehabilitation in the superior court of the county where you reside. You must have lived in California for at least 5 years since your earliest discharge from custody and demonstrate rehabilitation for an additional period (typically 2-5 years depending on the offense, for a total of 7-10 years). The court will hold a hearing and evaluate your rehabilitation. A Certificate of Rehabilitation does not itself restore gun rights, but it automatically becomes an application for a governor's pardon.

Await the governor's pardon decision

Once the Certificate of Rehabilitation is granted, it is forwarded to the Governor's Office as a pardon application. The Governor is not required to grant the pardon and there is no fixed timeline. The Board of Parole Hearings investigates and makes a recommendation. If a pardon is granted, it must explicitly include restoration of firearm rights to be effective for that purpose. A 'full and unconditional' pardon restores gun rights.

For violent felonies: Apply directly for a governor's pardon

If your conviction is a violent felony under PC 667.5(c) or involved a dangerous weapon under PC 29900, a Certificate of Rehabilitation will NOT restore your gun rights. You must apply directly to the Governor's Office for a pardon. Applications are considered only if you have been discharged from probation or parole for at least 10 years without further criminal activity. These pardons are exceedingly rare for violent offenses.

Consider the federal 18 USC 925(c) pathway

As of March 2025, the DOJ has revived the 18 USC 925(c) process for federal firearms disability relief. If your state-level restoration does not fully lift the federal ban (for example, if you only obtained a Certificate of Rehabilitation without a pardon), you may be able to apply to the DOJ for federal relief. The application process is still being developed; monitor the ATF and DOJ websites for updates.

Waiting Period

For wobbler reduction: Can be sought at any time during or after probation. For Certificate of Rehabilitation: Must reside in California for at least 5 years after release from custody, plus an additional rehabilitation period of 2-5 years depending on the offense (7-10 years total after release). For a direct governor's pardon: Must be discharged from probation or parole for at least 10 years. There is no guaranteed timeline for the Governor's decision.

Key Laws

Law	Year	Description
California Penal Code 29800 — Felon in Possession of a Firearm	1923 (amended through 2025)	Imposes a lifetime ban on firearm possession for any person convicted of a felony under federal, California, or any other state's law. Violation is a felony punishable by up to 3 years in state prison. In 2025, new provisions were added to address out-of-state convictions that have been vacated or expunged.
California Penal Code 29900 — Violent Felons with Firearms	1999	Imposes enhanced penalties for firearm possession by persons convicted of violent felonies. Requires a mandatory minimum of 6 months in jail if probation is granted. Convictions under this section reflect the most serious firearms disabilities.
California Penal Code 17(b) — Wobbler Reduction	1976	Allows a court to reduce a 'wobbler' felony conviction to a misdemeanor at sentencing or after successful completion of probation. Reduction reclassifies the conviction as a misdemeanor for all purposes, potentially restoring firearm rights under both state and federal law.
California Penal Code 667.5(c) — Violent Felony Definition	1976 (amended through 2024)	Defines 'violent felonies' for purposes of the Three Strikes law and firearms prohibitions. Includes murder, manslaughter, rape, robbery, kidnapping, arson, assault with a deadly weapon, and any felony involving personal infliction of great bodily injury or use of a firearm. Convictions under this section carry a permanent firearms ban that a Certificate of Rehabilitation cannot lift.
Proposition 63 — Safety for All Act (2016)	2016	Passed by voters in November 2016. Requires background checks for ammunition purchases, bans large-capacity magazines (over 10 rounds), makes firearm theft a felony regardless of value, and creates court processes to ensure prohibited persons surrender firearms upon conviction. Strengthened the enforcement framework for existing felon-in-possession laws.
California Penal Code 4852.01-4852.21 — Certificate of Rehabilitation	1943 (amended through 2023)	Establishes the process for obtaining a Certificate of Rehabilitation, a court order declaring a person has been rehabilitated after a felony conviction. Automatically serves as an application for a governor's pardon. Does not, by itself, restore firearm rights — the subsequent pardon must explicitly do so.
California Penal Code 1203.4 — Dismissal of Conviction (Expungement)	1961 (amended through 2024)	Allows dismissal of a felony or misdemeanor conviction after successful completion of probation. Important: This does NOT restore firearm rights. The conviction still counts as a disqualifying felony for firearms purposes under both state and federal law.

Edge Cases

My felony was a 'wobbler' but I was sentenced to state prison. Can I still reduce it to a misdemeanor?

Generally no. PC 17(b) reduction is typically available only if you received probation, not a state prison sentence. However, under Proposition 47 (2014), certain non-violent property and drug offenses (theft under $950, simple drug possession) may be eligible for resentencing and reduction regardless of the original sentence. If your wobbler conviction involved a state prison sentence, consult an attorney about whether Proposition 47 or other post-conviction relief applies.

I obtained an expungement under PC 1203.4. Are my gun rights restored?

No. Expungement (dismissal of conviction) under PC 1203.4 does NOT restore firearm rights under California law. The conviction still counts as a disqualifying felony for firearms purposes. To restore gun rights, you need either a wobbler reduction to a misdemeanor under PC 17(b) or a governor's pardon.

I was convicted of a felony in another state. Does California's felon-in-possession law apply to me?

Yes. PC 29800 prohibits firearm possession by any person convicted of a felony under the laws of any state, not just California. However, 2025 amendments to PC 29800 provide that if your out-of-state conviction has been 'vacated, set aside, expunged, or otherwise dismissed' under the laws of the convicting state, the California firearms prohibition for nonviolent felonies may be lifted. Consult an attorney to determine if your specific out-of-state relief qualifies.

My wobbler was reduced to a misdemeanor, but it was a domestic violence offense. Are my gun rights restored?

Not necessarily. Even after reduction to a misdemeanor, certain domestic violence misdemeanors carry their own firearms prohibition — a 10-year ban under California Penal Code 29805 and a lifetime federal ban under 18 USC 922(g)(9) (the Lautenberg Amendment). Domestic violence offenses are treated differently from other wobbler reductions for firearms purposes.

Can I possess ammunition even though I cannot possess firearms?

No. Under Proposition 63 (2016) and PC 30305, it is illegal for any person prohibited from possessing firearms to possess ammunition. This includes all convicted felons. Additionally, all ammunition purchases in California require a background check through the California DOJ, which will flag prohibited persons.

What about antique firearms or black powder guns? Are felons allowed to possess those?

Under federal law, antique firearms (manufactured before 1899 and not using fixed ammunition) are generally exempt from the felon-in-possession prohibition. However, California law is stricter: PC 29800 broadly prohibits felons from possessing any 'firearm,' and California's definition may encompass some weapons that federal law would classify as antiques. Black powder firearms that are replicas of antiques may have a federal exemption but still violate California law. This is a complex area requiring legal counsel.

Frequently Asked Questions

Can a felon get gun rights back in California?: It depends on the type of conviction. For 'wobbler' offenses reduced to misdemeanors under PC 17(b), gun rights may be restored. For non-violent felonies, a Certificate of Rehabilitation followed by a governor's pardon can restore rights. For violent felonies under PC 667.5(c) or offenses involving dangerous weapons under PC 29900, only a governor's pardon explicitly restoring firearm rights can help — and these are rarely granted. Expungement under PC 1203.4 does NOT restore gun rights.
What is a 'wobbler' offense in California and how does it affect gun rights?: A 'wobbler' is a crime that prosecutors can charge as either a felony or a misdemeanor. Common examples include assault with a deadly weapon (PC 245), grand theft (PC 487), and burglary (PC 459). If you were convicted of a wobbler felony and received probation, you may petition the court under PC 17(b) to reduce it to a misdemeanor. If granted, the conviction is reclassified for all purposes, potentially restoring your firearm rights under both state and federal law.
How long does it take to get a Certificate of Rehabilitation in California?: You must reside in California for at least 5 years after your earliest release from custody, plus an additional rehabilitation period of 2 to 5 years depending on the severity of the offense. In total, you are looking at 7 to 10 years minimum after release. The certificate then automatically becomes an application for a governor's pardon, which has no fixed timeline — the Governor may take months or years to act, or may not act at all.
Does a Certificate of Rehabilitation restore gun rights?: No. A Certificate of Rehabilitation by itself does NOT restore firearm rights. It is an important step because it automatically serves as an application for a governor's pardon, and it is the pardon that can restore gun rights. However, the pardon must explicitly include restoration of firearm privileges. Additionally, for violent felonies under PC 667.5(c), even a Certificate of Rehabilitation will not lead to gun rights restoration — only the pardon itself can do that.
What is Proposition 63 and how does it affect felons?: Proposition 63, the Safety for All Act, was passed by California voters in 2016. It requires background checks for ammunition purchases, bans possession of large-capacity magazines (over 10 rounds), makes firearm theft a felony regardless of value, and creates court processes to ensure convicted felons and other prohibited persons surrender their firearms. For felons, it means that even ammunition possession is subject to background checks and prohibited.
Can I own a gun in California with a federal felony conviction?: No. PC 29800 prohibits firearm possession for persons convicted of a felony under federal law, state law, or the law of any other state or country. A federal felony conviction triggers the same California lifetime ban as a state conviction. To restore rights, you would need a presidential pardon (for federal convictions) or may be able to use the revived federal 18 USC 925(c) process.
Does California's felon-in-possession law apply to BB guns or pellet guns?: Generally no. California's felon-in-possession law under PC 29800 applies to 'firearms' as defined by state law. BB guns and pellet guns that use air or CO2 are generally not classified as firearms under California law unless they are designed to expel a projectile by the force of an explosion or other form of combustion. However, some local ordinances may restrict these items for felons. Always verify with local laws.
What happens if a felon is caught with a gun in California?: A felon caught possessing a firearm in California faces prosecution under PC 29800, which is a felony carrying 16 months, 2 years, or 3 years in state prison. If the person has a violent felony history, enhanced penalties under PC 29900 apply, including a mandatory minimum of 6 months in jail. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.
Is there a new federal pathway to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief, which had been effectively defunded since 1992. Under this process, individuals prohibited from possessing firearms under federal law may petition the Attorney General for relief. The DOJ estimates approximately 1 million applications in the first year. The detailed application procedures are still being developed — monitor the ATF and DOJ websites for updates.

Take Action — Direct Links

California Governor's Office — Clemency and Pardons
Official state page for applying for a gubernatorial pardon, including information on the pardon process, eligibility, and application forms.
California Courts Self-Help — Pardon from the Governor
Step-by-step guide from the California Courts on the pardon process, including how to file for a Certificate of Rehabilitation and what to expect.
CCRC — California Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in California, including pardons, certificates of rehabilitation, and expungement.
Giffords Law Center — California Firearm Prohibition Laws
Detailed overview of all firearm prohibitions under California law, including who is prohibited, which offenses trigger bans, and the duration of different prohibitions.
California DOJ — Firearms Prohibiting Categories
Official California Department of Justice document listing all categories of persons prohibited from owning or possessing firearms under state law.
California Legislative Information — Penal Code 29800
Full text of the California felon-in-possession statute, including recent amendments addressing out-of-state convictions.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.