In California, a felony conviction bars firearm possession for life. And some misdemeanors — especially domestic violence — carry a 10-year or lifetime ban.
Because of that, keeping a charge a misdemeanor and choosing the right disposition can decide whether you ever own a firearm again.
Felony Convictions
Any felony conviction results in a lifetime firearm prohibition under California and federal law. This is one of the biggest reasons to fight to keep a wobbler charged or resolved as a misdemeanor rather than a felony.
Misdemeanor Bans (Including DV)
Certain misdemeanors carry firearm bans too. Many California misdemeanors trigger a 10-year prohibition (Penal Code 29805). And a domestic-violence misdemeanor against a spouse, cohabitant, or co-parent triggers a lifetime federal ban under 18 U.S.C. § 922(g)(9) — even where California law would allow possession sooner. Since the 2022 Bipartisan Safer Communities Act, a conviction where the victim was only a dating partner can qualify for restoration after five years if it is the person’s only such conviction and there is no new qualifying offense (18 U.S.C. § 921(a)(33)(C)); that path does not apply to spouse/cohabitant/co-parent convictions. The specific offense controls, so the exact charge and plea matter enormously.
Restoring Rights
There are paths back. A PC 17(b) reduction of a felony wobbler to a misdemeanor can restore firearm rights that a felony would have stripped — but not where the offense is domestic violence: a 17(b)-reduced DV offense is still a ‘misdemeanor crime of domestic violence’ under 18 U.S.C. § 922(g)(9), so the federal ban continues, and the reduction itself is not an expungement, pardon, or restoration of rights. Careful plea selection — avoiding a disqualifying offense in the first place — is even better. Anyone for whom firearm rights matter should raise it with counsel before any plea.
Frequently Asked Questions
Can you own a gun after a misdemeanor in California?
It depends on the offense. Many California misdemeanors trigger a 10-year firearm prohibition under Penal Code 29805, and a domestic-violence misdemeanor against a spouse, cohabitant, or co-parent triggers a lifetime federal ban under 18 U.S.C. § 922(g)(9). Since the 2022 Bipartisan Safer Communities Act, a conviction where the victim was only a dating partner can qualify for restoration after five years, but that path does not apply to spouse/cohabitant/co-parent convictions. The specific charge controls, so the plea matters.
Does a felony conviction ban you from owning a gun in California?
Yes. Any felony conviction results in a lifetime firearm prohibition under both California and federal law. That is a central reason to fight to keep a wobbler charge a misdemeanor rather than a felony.
Can you restore gun rights after a conviction?
Sometimes. A PC 17(b) reduction of a felony wobbler to a misdemeanor can restore firearm rights that a felony conviction would have stripped — but not where the offense is domestic violence: a 17(b)-reduced DV offense is still a 'misdemeanor crime of domestic violence' under 18 U.S.C. § 922(g)(9), so the federal ban continues, and the reduction itself is not an expungement, pardon, or restoration of rights. Choosing a non-disqualifying disposition up front is even more effective, which is why it should be raised with counsel before any plea.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com