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Gun Rights

Wexford Law is one of the more successful law firms in the nation when it comes to restoring gun rights. Our respected gun rights attorneys have a tremendous track record of achieving successful results in difficult cases and have won more than their share for our clients. We know the process as well, if not better than any other law firm in the country.



This page is simply about gun rights prohibitions, which you likely know already. If you wish to know more what we can do to restore your gun rights click on the following link: 2nd Amendment / Gun Rights or call us at (424) 600-8584 for a free consultation.

Gun Rights Prohibitions

Although you may believe that you are prohibited from owning or possessing a firearm, there are exceptions, even for a felony conviction. It may be difficult to restore your gun rights, but in many cases it's not impossible. Contact us for a free consultation to determine if you qualify to restore your 2nd Amendment Rights to a firearm.

The law prohibits anyone with a felony conviction from owning or possessing a firearm. The prohibition would apply in a few violent or domestic violence misdemeanors.

California prohibits anyone accused of stalking from owning or possessing a firearm until the case is resolved in favor of the accused.

California provides a process whereby people wrongfully categorized as mentally ill can formally seek to have these designations removed.

About Us

Michael Devereux is a highly respected gun rights attorney in Los Angeles. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of gun rights, including the 2nd Amendment make Mr. Devereux an elite Second Amendment attorney. Mr. Devereux started his own firm in 2004 after working for the Cochran Firm, and assisting with the Robert Blake and Michael Jackson defense teams under Thomas Mesereau. As the sole proprietor of Wexford Law, Mr. Devereux has been successfully representing clients for close to 20 years in respect to the 2nd Amendment and gun rights. Former clients, their family and friends repeatedly return to Wexford Law for help in matters involving gun rights. Mr. Devereux loves taking on the federal government and the State of California in gun rights.

Michael Devereux, An Elite Attorney in Gun Rights & The Second Amendment

Millions of veterans have risked their lives to protect the Second Amendment. Revolutionay war veterans thought that gun rights were important enought that they were the 2nd Amendment to the Bill of Rights, right behind freedom of speech and freedom of religion.

The primary author of the United States Bill of Rights, James Madison, considered them — including a right to keep and bear arms — to be fundamental. In 1788, he wrote: "The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion."

The view that gun ownership is a fundamental right was affirmed by the U.S. Supreme Court in District of Columbia v. Heller (2008). The Court stated: "By the time of the founding, the right to have arms had become fundamental for English subjects." The Court observed that the English Bill of Rights of 1689 had listed a right to arms as one of the fundamental rights of Englishmen.

When the U.S. Supreme Court interpreted the Fourteenth Amendment in McDonald v. City of Chicago (2010), it looked to the year 1868, when the amendment was ratified and said that most states had provisions in their constitutions explicitly protecting this right. The Court concluded: "It is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty."

FAQ

An expungement does not restore firearm rights. It's been that way for many, many years. It fact the law is clear on that issue. California Penal Code Section 1203.4(a)(2) is the law that provides for an expungement. The law clearly states that "Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm...."

There could be several reasons for the issue. The first issue may be that you plead to a felony and then later tried to reduce it to a misdemeanor but the felony wasn't eligible to be reduced to a misdemeanor. The second issue may be that under California Penal Code 29805 PC, there are about 40 specific misdemeanor convictions that carry a ten-year firearms ban. However, federal law may keep you from a firearm for life.

California law prohibits you from owning or possessing a firearm for ten years. Federal law, under certain circumstances, has a lifetime firearm ban. Contact a Wexford Law attorney to discuss further.

Many, even for felony convictions:

  • - For example any person employed as a peace officer or whose employment or livelihood is dependent on the ability to legally possess a firearm, who is subject to the prohibition because of certain convictions, may petition the court only once for relief from this prohibition;
  • - In addition, there are constitutional issues such mistake of fact;
  • - ineffective assistance of counsel (i.e. failure to investigate and advise, failure to pursue an alternative solution, failure to investigate and present mitigating factors, etc);
  • - Further, there may be a possibility of reducing the felony to a misdemeanor;
  • - There are many other exceptions.

Contact Wexford Law to discuss further.


Note: Wexford Law of Los Angeles provides this gun rights website for informational purposes only. This list may not be inclusive of all firearms prohibitions and many have exceptions to your gun rights which was last revised in July 2018.

California gun rights and federal gun rights make it unlawful for certain persons to own and/or possess firearms, including:

• Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug

• Any person who has been convicted of an offense enumerated in Penal Code sections 29900 or 29905

• Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815, subdivisions (a) and (b)

• Any person who has been convicted of, or has an outstanding warrant for, a misdemeanor listed in Penal Code section 29805 (refer to List of Prohibiting Misdemeanors)

• Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b), an offense described in Penal Code section 1203.073(b), or any offense enumerated in Penal Code section 29805

• Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections

527.6 or 527.8, a protective order as defined in Family Code section 6218, a protective order issued pursuant to Penal Code sections 136.2 or 646.91, or a protective order issued pursuant to Welfare and Institutions Code section 15657.03

• Any person who is found by a court to be a danger to himself, herself, or others because of a mental illness

• Any person who is found by a court to be mentally incompetent to stand trial

• Any person who is found by a court to be not guilty by reason of insanity

• Any person who is adjudicated to be a mentally disordered sex offender

• Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder, or an impairment by chronic alcoholism

• Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim that has been reported by the psychotherapist to law enforcement

• Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150 (with exceptions), assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections 5250, 5260, and 5270.15

• Any person who is addicted to the use of narcotics (state and federal)

• Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal)

• Any person who has been discharged from the military under dishonorable conditions (federal)

• Any person who is an illegal alien (federal)

• Any person who has renounced his or her US Citizenship (federal)

• Any person who is a fugitive from justice (federal)

GUN RIGHTS FOR CALIFORNIA MISDEMEANORS (created by Wexford Law in Los Angeles)

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction, but the duration of each prohibition may vary. All statutory references are to the California Penal Code, unless otherwise indicated. • Threatening public officers, employees, and school officials (Pen. Code, § 71.)

• Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the threat (Pen. Code, § 76.)

• Intimidating witnesses or victims (Pen. Code, § 136.1.)

• Possessing a deadly weapon with the intent to intimidate a witness (Pen. Code, § 136.5.)

• Threatening witnesses, victims, or informants (Pen. Code, § 140.)

• Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen. Code, § 148(d).)

• A person who reports to a person that a firearm has been lost or stolen, knowing the report to be false (Pen. Code, § 148.5(f).)

• Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (Pen. Code, § 171(b).)

• Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (Pen. Code, § 171(c).)

• Taking into or possessing loaded firearms within the Governor's Mansion or residence of other constitutional officers (Pen. Code, 171(d).)

• Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen. Code, § 186.28.)

• Assault (Pen. Code, §§ 240, 241.)

• Battery (Pen. Code, §§ 242, 243.)

• Sexual Battery (Pen. Code, § 243.4)

• Assault with a stun gun or taser weapon (Pen. Code, § 244.5.)

• Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (Pen. Code, § 245.)

• Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen. Code, § 245.5 .)

• Discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3.)

• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (Pen. Code, § 247.)

• Inflicting corporal injury on a spouse or significant other (Pen. Code, § 273.5.)*

• Willfully violating a domestic protective order (Pen. Code, § 273.6.)

• Drawing, exhibiting, or using deadly weapon other than a firearm (Pen. Code, § 417, subd. (a)(1) & (a)(2).)

• Inflicting serious bodily injury as a result of brandishing (Pen. Code, § 417.6.)

• Making threats to commit a crime which will result in death or great bodily injury to another person (Pen. Code, § 422.)

• Interference with the exercise of civil rights because of actual or perceived characteristics of the victim (Pen. Code § 422.6.)

• Bringing into or possessing firearms upon or within public schools and grounds (Pen. Code, § 626.9.)

• Stalking (Pen. Code, § 646.9.)

• Armed criminal action (Pen. Code, § 25800.)

• Possessing a deadly weapon with intent to commit an assault (Pen. Code, § 17500.)

• Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen. Code, § 26100, subd. (b) or (d).)

• Criminal possession of a firearm (Pen. Code, § 25300.)

• Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen. Code, § 27510.)

• Various violations involving sales and transfers of firearms (Pen. Code, § 27590, subd. (c).)

• Person or corporation who sells any concealable firearm to any minor (former Pen. Code, § 12100, subd. (a).)

• Unauthorized possession/transportation of a machine gun (Pen. Code, § 32625)

• Possession of ammunition designed to penetrate metal or armor (Pen. Code, § 30315.)

• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen. Code, §§ 830.95, subd. (a), 7510, subd. (a.)

• Bringing firearm related contraband into juvenile hall (Welf. & Inst. Code, § 871.5.)

• Bringing firearm related contraband into a youth authority institution (Welf. & Inst. Code, § 1001.5.)

• Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf. & Inst. Code, § 8100.)

• Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf. & Inst. Code, § 8101.)

• Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under conservatorship (Welf. & Inst. Code, § 8103.)

The following misdemeanor convictions result in a lifetime prohibition:

• Assault with a firearm (Pen. Code, §§ 29800, subd. (a)(1), 23515, subd. (a).)

• Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, housecar or camper (Pen. Code, §§ 246, 29800, subd. (a)(1), 17510, 23515, subd. (b).)

• Brandishing a firearm in presence of a peace officer (Pen. Code §§ 417, subd. (c), 23515, subd. (d), 29800, subd. (a)(1).)

• Two or more convictions of Penal Code section 417, subdivision (a)(2) (Pen. Code § 29800, subd. (a)(2).)

* A “misdemeanor crime of domestic violence” with exceptions (18 U.S.C. §§ 921(a)(33)(A), 922(g)(9).)

Note: Wexford Law provides this gun rights website for informational purposes only. This gun rights list may not be inclusive of all firearms prohibitions. For specific gun rights legal advice, please consult a Wexford Law attorney located in Los Angeles.
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