Can I Obtain A Gun Permit With A Simple Assault On My Record?
An assault with a firearm conviction can have a lifetime ban of owning a gun; however, among other misdemeanor charges, a simple assault conviction only carries a 10-year firearm ban in the state of California. During that time period, you are not permitted to have a gun license and own a gun. Once the 10-year ban is over, there are specific ways to regain your Second Amendment right if your criminal record has not changed since the day of your conviction.
Restoring Your Second Amendment Right
If you were convicted of a simple assault, once the 10-year ban has been lifted, your right to bear arms is automatically restored to you once again. However, if your conviction was not a misdemeanor, being able to own a gun is predicated on receiving a Governor’s pardon, or reducing a felony “wobbler” to a misdemeanor (which would then either carry no ban or a 10-year ban).Receiving a California gubernatorial pardon also has its time restrictions. Furthermore, the pardon must also include your gun rights. In most cases, individuals have to prove that for 10 years, after being discharged from parole or probation, they have lived without any further criminal activity. Only those convicted of California crimes can be eligible for these pardons. Federal crimes must attain Presidential pardons.
Speaking with a lawyer is the best first step in determining whether you were convicted of a simple assault, or any other misdemeanors or felonies. If you were convicted in another state and require a gubernatorial pardon, then you must petition for one in that state. It is important that if you were convicted of a higher crime than simple assault to maintain a clean record devoid of criminal activity.