Can a Sex Crime Conviction Affect Your Right to Own a Firearm in California?
Introduction
Many people are surprised to learn that a sex crime conviction in California can result in the permanent loss of their firearm rights. Whether the offense is classified as a felony or certain types of misdemeanors, a conviction can lead to a lifetime federal gun ban or a 10-year prohibition under state law. Understanding how these laws apply to your case is critical—especially if you are hoping to restore your rights in the future.
This article explores how sex crime convictions impact firearm ownership in California, the difference between state and federal restrictions, and whether rights can ever be restored.
How California Firearm Laws Work Post-Conviction
Under California Penal Code §29800, any person convicted of a felony is prohibited from owning, purchasing, or possessing firearms for life. Additionally, Penal Code §29805 imposes a 10-year firearm ban for certain misdemeanor convictions—including some sex offenses.
Examples of sex crime convictions that can lead to firearm restrictions include:
- Felony sexual battery (Penal Code §243.4)
- Indecent exposure with a prior offense
- Lewd conduct in public if charged as a felony
If you’re subject to a restraining order or are actively registering as a sex offender, additional firearm restrictions may also apply.
Federal Law and Lifetime Gun Bans
Federal law under 18 U.S.C. §922(g) imposes a lifetime gun ban for individuals convicted of any felony—or a misdemeanor involving domestic violence or a qualifying sex offense. This restriction applies regardless of whether your rights are later restored under state law.
Even if California permits firearm ownership after 10 years, you may still be prohibited under federal law unless a full pardon or rights restoration has occurred. Violating this federal ban can result in up to 10 years in federal prison.
