Law Office of David P. Shapiro - San Diego Criminal Defense Attorney




2550 Fifth Ave Suite 1050, San Diego, CA 92103

Short Answer: You could.  It depends on the charge(s) you have been convicted of.  California has some of the strictest laws in the nation relating to possessing firearms.


You will lose your gun rights for life if convicted of a felony. However, you might be able to restore your gun rights at some point, assuming there are no federal restrictions prohibiting you from doing so, if you are able to get certain felonies reduced to misdemeanors after initially sustaining a felony conviction.


You will also lose your gun rights for life if convicted of certain misdemeanors. What are those misdemeanors? Two convictions for brandishing a firearm or just one conviction of any of the following:

  • assault with a machine gun or assault weapon
  • assault with a firearm against a peace officer
  • shooting at an inhabited dwelling or car
  • brandishing a firearm at a peace officer

There are about forty misdemeanor charges that will subject you to a ten-year firearms ban in California. Those charges include but are not limited to assault, battery, brandishing a weapon, and making criminal threats.

State vs. Federal

It gets a little confusing when California law and federal law conflict. For example, if you are convicted of a misdemeanor domestic violence charge in California, you will be banned from owning or possessing a firearm for ten years. However, under federal law you could be banned for life for having been convicted of the same offense.

Learn more about how certain criminal convictions adversely affect gun rights from our Managing Partner, David Shapiro, here.

If you are looking to protect or restore your gun rights, make sure you hire a quality, locally experienced, criminal defense law firm to maximize your chances at success.  We are just one phone call away at (619) 295.3555.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.