Gun ownership is a right, but that right can be taken away if you are convicted of a felony. This can have a serious impact if you carry a gun for work, for protection or simply for recreational purposes. In limited circumstances, however, it may be possible to restore your gun rights by reducing your felony charge to a misdemeanor.
At the Law Offices of Valencia, Ippolito & Bowman, our attorneys have more than 65 years of combined experience protecting the rights of defendants at every stage. From arrest to trial to record clearance, we will stand by your side, protect your rights and help you understand your options.
Our law firm has won numerous awards, including being named Criminal Defense Firm of the Year by San Jose Magazine.
In order to restore your right to own, possess or purchase a firearm, you must reduce your felony conviction to a misdemeanor. This is accomplished by filing a section 17(b) motion to reduce your conviction to a misdemeanor. This motion will only be granted, however, if your conviction meets certain criteria.
First, the crime you were convicted of must be a "wobbler." A wobbler is an offense that can be charged as either a felony or a misdemeanor. Not every crime is a wobbler, and our attorneys can help you determine whether your offense qualifies.
Second, in addition to the offense being a wobbler, you must have received probation. Federal law prohibits firearm possession by anyone who has been "convicted" of a felony. The courts have held, however, that where probation is granted, there has been no judgment. In this way, converting your felony to a misdemeanor allows you to possess a gun without violating federal gun laws.
Finally, before granting the motion, the judge will also weigh a number of factors. For example, the judge may look at the nature of the offense, how long ago it occurred, your character, your record or whether you paid your fines.
Our attorneys are adept at helping clients restore their gun rights after a felony conviction of a wobbler offense and can guide you through this process. We will keep you informed of your rights and work to clear your criminal record whenever possible.
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To speak with a San Jose gun rights attorney, call our law firm at 877-766-5245 or send us an e-mail. We offer payment plans, credit card payments and evening or weekend consultations. Se habla español.
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