Firearms

Restoration of Rights

If a person is prohibited from possessing firearms because of a felony conviction, then their rights may be restored if that felony is reduced to a misdemeanor. A felony reduced to a misdemeanor under PC17(b)(3) is a misdemeanor for all purposes. (Gebremicael v. California Com. on Teacher Credentialing (2004) 117 Cal.App.4th 1477, 1485.) A felony which has been reduced to a misdemeanor under PC17(b) cannot be a predicate felony for felon in possession under PC29800, former PC12021. (People v. Culbert (2013) 218 Cal.App.4th 184; People v. Gilbreth (2007) 156 Cal.App.4th 53, 57.)

I personally consider it an open question whether a person whose felony has been reduced to a misdemeanor under PC17(b)(3) is considered a convicted felon or misdemeanant for purposes of federal law. Various 9th Circuit cases before the passage of the Firearms Owners Protection Act (FOPA) in 1986 held that even after a successful PC17(b), a reduced wobbler was still considered a felony. FOPA changed the definition of conviction of a felony to be in accords with . It is unclear if FOPA changed only whether or not someone was convicted is defined by state law, or changed whether or not a person was convicted of a felony offenses is defined by state law. Post-FOPA cases seem to indicate that federal courts will look towards the maximum penalty of the crime, regardless of what was actually imposed.