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Are There Any Misdemeanors That Affect My Gun Rights?

Many people believe that only felony convictions can result in the loss of their gun rights. However, it is possible to lose your gun rights even if you are charged or convicted of a misdemeanor. In this article, we will explore the ways in which a misdemeanor charge or conviction can impact your gun rights in California.

California Gun Laws

California has some of the most comprehensive gun laws in the United States. The state’s laws restrict gun ownership and use by specific groups of people, including convicted felons and individuals with certain mental health conditions. However, California's gun laws can also restrict the rights of those convicted of some misdemeanors.

Misdemeanors That Can Affect Gun Rights

Several misdemeanors can affect your gun rights if convicted of them. The following misdemeanors can result in a ten-year ban on gun ownership in California:

  • Assault with a deadly weapon
  • Domestic violence offenses
  • Criminal threats
  • Stalking
  • Drug offenses
  • DUI offenses
  • Resisting arrest
  • Carrying a loaded firearm
  • Public intoxication with a firearm

Although these crimes are misdemeanors, they are considered to be serious offenses, and a conviction can have lasting consequences on your gun rights.

Restrictions on Gun Ownership

If you are convicted of any of the above misdemeanors or any other crime that results in the loss of your gun rights, you may be required to surrender any firearms you own or possess. You may also be prohibited from buying, owning, or possessing firearms for a specified period, ranging from ten years to life, depending on the crime.

It is important to note that even if you were not convicted of a misdemeanor or felony offense, you may still be prohibited from owning or possessing firearms if you fall under any of the following categories:

  • You have been adjudicated as mentally defective or committed to a mental institution.
  • You are an undocumented immigrant or non-immigrant alien.
  • You are a fugitive from justice.
  • You are addicted to any controlled substance.
  • You have been dishonorably discharged from the military.

California Firearm Laws

California has a comprehensive set of firearm laws that are among the strictest in the country. These laws cover a wide range of issues, including the sale, purchase, possession, and use of firearms. California gun laws regulate the types of firearms that can be owned and the qualifications of those who can own them.

California law requires a background check to be completed before any firearm purchase, including from private sellers. California also requires that firearms be registered with the state.

California has a ten-day waiting period for all firearms purchases, which can be extended to 30 days in certain situations. The state also has an “assault weapon” ban, which prohibits the sale or transfer of certain types of firearms.

California Firearm Rights

In California, owning a firearm is considered a privilege, not a right. The state has the power to regulate and restrict firearm ownership, possession, and use to ensure public safety.

If you are convicted of a misdemeanor or felony offense that restricts your gun rights, you will need to seek the help of a criminal defense lawyer who has experience in firearms laws to restore your gun rights. An experienced attorney can guide you through the process of restoring your gun rights and help you get your life back on track.


In conclusion, it is possible to lose your gun rights in California if convicted of certain misdemeanors. The state has some of the most comprehensive gun laws in the country, and the consequences of a conviction can be severe. If you are facing misdemeanor charges that could result in the loss of your gun rights, it is crucial to seek the help of an experienced criminal defense attorney who can help you protect your rights and defend your case.

H Law Group Online

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