How to Petition to Restore Gun Rights in California

To petition to restore gun rights in California, you first have to identify which prohibition applies to you, because each type has its own legal pathway. A felony conviction, a qualifying misdemeanor, and a mental health hold each trigger a different ban with a different route back. For most people with wobbler felonies, the effective step is asking the sentencing court to reduce the conviction to a misdemeanor under Penal Code 17(b). A 1203.4 dismissal by itself does not restore firearm rights, no matter how often people assume it does.

Identify Which Prohibition Applies to You

Before filing anything, pin down the exact law that bars you. The category dictates the petition, the court, and the odds.

Felony conviction. Any felony under California, federal, or another state’s law prohibits firearm possession with no expiration date. Removing it requires either changing the nature of the conviction or a governor’s pardon.¹
Qualifying misdemeanor, ten-year ban. Offenses including assault, battery, criminal threats, stalking, brandishing, and violating a protective order carry a ten-year prohibition that lifts automatically. No petition required.²
Domestic violence misdemeanor, lifetime ban. A conviction on or after January 1, 2019, under Penal Code 273.5 for inflicting corporal injury on a spouse, cohabitant, or dating partner carries a lifetime state ban. Older DV convictions may carry only ten years under state law, though federal law adds its own lifetime bar.²
Mental health hold or adjudication. One 5150 admission produces a five-year ban. Two admissions within a year, or a court finding of dangerousness due to a mental disorder, produce a lifetime ban.³

If you aren’t sure which applies, pull your own criminal history record from the California Department of Justice through Live Scan. The DOJ charges a $25 processing fee and offers waivers for those who qualify.⁴ The RAP sheet will give you the case number, conviction date, and Penal Code section you need for any petition.

The Wobbler Reduction Under Penal Code 17(b)

A wobbler is a crime the prosecutor could have charged as either a felony or a misdemeanor. If you received felony probation for a wobbler, you can ask the sentencing court to reclassify it as a misdemeanor under Penal Code 17(b). When granted, the offense becomes a misdemeanor “for all purposes.”⁵

That reclassification is what actually restores your state firearm rights. Penal Code 29800’s indefinite ban attaches to felonies. Once the offense is a misdemeanor, that particular prohibition falls away, provided the misdemeanor version isn’t one of the offenses that carries its own ten-year or lifetime misdemeanor ban.

You can request the 17(b) reduction on the same form used for a dismissal petition (CR-180), asking the court to first reduce the felony and then dismiss the case.⁶ The reduction is the step doing the work on gun rights; the dismissal handles employment and licensing consequences.

Why a 1203.4 Dismissal Alone Does Not Restore Gun Rights

Penal Code 1203.4 releases you from most penalties tied to a conviction, but the statute explicitly carves out firearm rights. The law states that a dismissal “does not permit a person to own, possess, or have custody or control of a firearm.”⁷

If your conviction was a straight felony rather than a wobbler, a 1203.4 dismissal will not help with firearms. Straight felonies cannot be reduced under 17(b). For those convictions, the only route to restoring state firearm rights is a governor’s pardon that specifically addresses firearms. A 1203.4 dismissal is still worth filing for its other benefits. Just don’t expect it to do anything for gun ownership.

Ten-Year and Lifetime Misdemeanor Bans

A qualifying misdemeanor with a ten-year prohibition under Penal Code 29805 expires automatically. You don’t petition, you don’t appear in court, and no order is issued. When the ten years have run from the conviction date, the ban is gone. Before buying anything, verify your record is accurate and that no other prohibition is in play.

Lifetime misdemeanor bans work differently. Assault with a firearm, shooting at an inhabited dwelling, and post-2019 corporal injury convictions under Penal Code 273.5 carry permanent bans with no automatic expiration.² A governor’s pardon is generally the only state-level relief available.

Mental Health Prohibitions

Mental health bans use a different procedure from conviction-based petitions. If you were admitted to a facility after a 5150 hold, you can challenge the resulting five-year ban by petitioning the superior court for a hearing.³ At the hearing, the burden is on the state to prove you would not be safe with firearms. If the state cannot meet that burden, the court can restore your rights by order.

File in the superior court of your county of residence, not the county where the hold happened. The DOJ publishes a specific request form (BOF 4009C) for starting the hearing.⁸

If your ban comes from a court finding that you are a danger to others because of a mental disorder, the mechanism is a certificate from the original court stating you may possess firearms without endangering others.³ You have to show the condition has changed enough to justify lifting the restriction.

Governor’s Pardons

When no other mechanism reaches your conviction, a governor’s pardon is the remaining option. This applies mainly to straight felonies and to misdemeanors with a lifetime ban.

A pardon can restore gun rights in limited cases where the conviction did not involve a dangerous weapon.⁹ Where the conviction did involve a dangerous weapon, the Governor cannot restore firearm rights through a pardon. The Governor’s Office considers whether “extraordinary circumstances” justify restoring firearm rights and whether doing so is consistent with public safety.¹⁰

There are two application paths. California residents can pursue a Certificate of Rehabilitation in the superior court of their county, which is automatically forwarded to the Governor’s Office as a pardon application if granted. That path requires at least seven years after release from custody, parole, or probation, including five years of continuous California residency.¹¹ Alternatively, you can apply directly to the Governor without a Certificate of Rehabilitation.⁹

Note one trap: a Certificate of Rehabilitation by itself does not restore gun rights. The California Courts explicitly list restoring gun rights among the things the certificate cannot do.¹¹ Its function is to move your pardon application in front of the Governor. The certificate on its own changes nothing about firearm possession.

Filing the Petition Step by Step

Confirm Eligibility

To petition under Penal Code 1203.4, you must have completed probation or been discharged early, and you cannot currently be serving a sentence, on probation, or facing pending charges.⁷ Unpaid restitution alone is not grounds to deny the petition. If you want the 17(b) reduction that actually restores state firearm rights, check the corresponding box on the CR-180 asking the court to reduce the felony before dismissing.

Prepare the Forms

The primary form is the Petition for Dismissal (CR-180), with the accompanying order (CR-181). Both are on the California Courts website.⁶ Use your RAP sheet to fill in the case number, conviction date, and Penal Code section exactly as they appear on the record.

File and Serve the District Attorney

File with the clerk of the superior court in the county where the conviction occurred. Some courts charge a filing fee; some waive it for these petitions. After filing, serve the prosecuting attorney’s office with a copy. The statute requires at least 15 days’ notice before the court can act.⁷ Service can be by personal delivery, mail, or other methods recognized under the Code of Civil Procedure. The person who serves must be at least 18 and cannot be you. File a Proof of Service after service is complete.

The Hearing

The court schedules a hearing where the judge reviews the petition. The District Attorney can support, oppose, or take no position. In straightforward, unopposed cases meeting all statutory requirements, some judges grant the petition on the papers without requiring an appearance. If the DA opposes, be present and prepared to explain why the court should grant relief.

Federal Law Can Still Bar You

State restoration does not automatically resolve federal prohibitions, and federal law is where many restoration efforts stall. Federal and state firearm laws operate independently.

Federal law prohibits anyone convicted of a crime “punishable by imprisonment for a term exceeding one year” from possessing firearms.¹² There is an exception: a conviction that has been “expunged, or set aside or for which a person has been pardoned or has had civil rights restored” is not treated as a conviction federally, so long as the relief doesn’t expressly bar firearm possession.¹³

A 17(b) reduction has the strongest argument for satisfying the exception, because the offense becomes a misdemeanor “for all purposes” and is arguably no longer punishable by more than one year. A 1203.4 dismissal is more uncertain, because California’s own statute says the dismissal doesn’t restore firearm rights, which may signal to federal authorities that civil rights were not fully restored. This area is actively litigated. Do not assume any state-level relief clears the federal bar without consulting a firearms attorney.

Domestic violence convictions are the hardest category. Federal law imposes a separate lifetime ban on anyone convicted of a “misdemeanor crime of domestic violence” involving the use or attempted use of physical force by a spouse, cohabitant, dating partner, or co-parent.¹³ Even when California’s ten-year state ban expires, the federal prohibition can continue indefinitely unless you obtain a qualifying pardon or expungement.

1
California Legislative Information. California Penal Code 29800
2
California Department of Justice. Firearms Prohibited Categories
3
California Legislative Information. California Welfare and Institutions Code 8103
4
Office of the Attorney General (State of California – Department of Justice). Criminal Records – Request Your Own
5
California Legislative Information. California Penal Code 17
6
California Courts. Petition for Dismissal (CR-180)
7
California Legislative Information. California Penal Code 1203.4
8
State of California Department of Justice. Request for Hearing for Relief from Firearms Prohibition
9
California Courts. Pardon from the Governor
10
Governor of California. Pardons
11
California Courts. Certificate of Rehabilitation
12
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
13
Office of the Law Revision Counsel. 18 USC 921 – Definitions