Can You Get Your Gun Rights Back After A Domestic Violence Conviction in California?

When you have been arrested and charged with a domestic violence in the Bay Area, you may have many unanswered questions about what to expect next from your case. This is particularly true if you have concerns regarding the impact such charges could have on your gun rights.

Our Oakland, CA domestic violence defense attorneys have experience with gun laws after a domestic violence conviction and are here to help you understand your rights.

What Happens to Your Gun Rights if You’re Convicted of Domestic Violence?

A domestic violence conviction in California results in the loss of your gun rights, often for life. However, under specific circumstances, you may be able to restore them later, depending on the type of conviction, how much time has passed, and whether you qualify for expungement or a reduction of charges.

• Misdemeanor convictions may result in a 10-year ban (CA) or a lifetime ban (federal).
• Felony convictions usually result in a permanent loss of gun rights.
• Being under a restraining order can also prevent you from owning or buying guns.
• Getting your record expunged or charges reduced may help in restoring rights — but this isn’t guaranteed.
• Always speak with a criminal defense attorney to understand your options.

How Domestic Violence Charges Affect Gun Ownership in California

When police respond to a domestic violence call in California, they are required to confiscate any firearms found in plain sight, used in the incident, or uncovered during a legal search. These guns are held while the case is pending.

If charges are dropped or dismissed, your firearms may be returned. But if you’re convicted, the guns can be destroyed and your right to possess any others will be revoked.

Under California Penal Code §29805, a misdemeanor domestic violence conviction leads to a 10-year firearm ban. However, under federal law (18 U.S.C. § 922(g)(9)), the ban may be permanent, even for a misdemeanor.

Gun Rights and Restraining Orders

You don’t need to be convicted to lose your gun rights. If you’re named in an Emergency Protective Order (EPO) or a Temporary Restraining Order (TRO), you’re immediately prohibited from buying or possessing firearms.

If the court issues a permanent restraining order, that ban continues for the length of the order — and sometimes longer, depending on the outcome of the case.

What Happens After a Domestic Violence Conviction?

If you’re convicted, you lose the legal right to:

• Own or possess firearms
• Purchase guns or ammunition
• Keep gun parts or accessories (like magazines or clips)

Required Paperwork after a Domestic Violence Conviction

Prohibited Persons Relinquishment Form from the California Department of Justice and Bureau of Firearms. This form lists all your guns, including:

• Make and model
• Serial number
• Type and caliber
• Location and identifying marks

How to Relinquish Your Firearms

Once convicted, you’ll need to give up your guns quickly:

• If you’re out of custody, you or your designee (a trusted person you authorize) must surrender your firearms within 5 days.
• If you’re in jail, your designee has 14 days after your conviction to handle the surrender.

Guns can be turned over to a licensed firearms dealer or law enforcement. The designee will receive a receipt of disposition, proving the transfer or surrender took place.

Can You Ever Get Your Gun Rights Back?

Possibly,  but it’s not easy in California. Here are the most common paths:

1. Expungement

If you were convicted of a misdemeanor, you may be eligible to have your record expunged after your sentence and probation are complete. However, an expungement doesn’t always restore your gun rights — especially under federal law.

2. Reduction of Charges

If your attorney can negotiate a plea deal that reduces your charge to something like simple battery or criminal trespass, you may avoid the gun ban entirely.

3. Certificate of Rehabilitation or Governor’s Pardon

These are rare but possible. A successful petition may help restore rights after certain felony convictions. However, this process is complex and takes years.

How Long Will the Gun Ban Last?

The length of time your gun rights are restricted depends on the type of conviction and whether your case was handled at the state or federal level.

Misdemeanor Domestic Violence Convictions

If you’re convicted of a misdemeanor domestic violence offense in California, state law imposes a 10-year ban on owning, possessing, or purchasing firearms. This is outlined in California Penal Code §29805. However, even after the 10 years have passed, you might still be barred from owning a gun under federal law, which is often stricter.

Under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms for life — regardless of the outcome under California law. This means that even if you regain your gun rights in California, you could still be violating federal law by owning a firearm.

Felony Domestic Violence Convictions

If you’re convicted of a felony domestic violence charge, your gun rights are typically lost permanently under both California and federal law. Felony convictions automatically trigger a lifetime firearms ban under California Penal Code §29800. This includes the right to possess not just firearms, but also ammunition, magazines, and other related components.

Restoring gun rights after a felony conviction is extremely difficult and usually requires a Governor’s Pardon or Certificate of Rehabilitation, both of which are rarely granted and involve a lengthy legal process.

Restraining Orders (Protective Orders)

Even if you haven’t been convicted yet, being subject to a Temporary Restraining Order (TRO) or a Permanent Restraining Order can also impact your gun rights.

When a TRO is issued, the firearm ban remains in effect as long as the order is active — typically a few weeks until a court hearing determines whether to make it permanent. If a Permanent Restraining Order is granted, you will be barred from owning or purchasing firearms for the entire duration of that order, which can last several years or longer, depending on the court’s decision.

These bans apply at both the state and federal level, and violating them can result in serious criminal charges, including additional felonies.

Why You Need a California Criminal Defense Lawyer

If you’re facing domestic violence charges in California — especially in the Bay Area or Oakland — your Second Amendment rights are at serious risk. A skilled criminal defense attorney may be able to:

• Fight the charges to avoid conviction
• Negotiate a charge reduction to preserve your rights
• Help pursue expungement or other legal remedies later on

Your legal strategy must be tailored to your situation, and timing matters. The earlier you act, the more options you may have.

Contact a California Criminal Defense Lawyer for Help Today

Your gun rights could be on the line if you have been charged with a domestic violence offense.

Start working on your defense strategy so you can clear your name and protect your firearm rights when you contact an experienced California criminal defense lawyer at Morris Law, A Criminal Defense Firm for help. Schedule your confidential consultation with an Oakland criminal defense attorney as soon as today by calling our law office or completing our secured contact form.