If you are convicted of a felony in California, you lose your gun rights for life. However, Proposition 64 (The Adult Use of Marijuana Act) contains a provision that allows you to return to court and petition to reduce some old marijuana felony convictions to misdemeanors. (See below.)
Prop 64 expressly states that when a marijuana felony is reduced under Prop 64 it becomes a misdemeanor “for all purposes.” Assuming that you have no other felony convictions, a successful Prop 64 reduction ends your former “felon” status and as a result you are no longer subject to the California laws that prohibit “felons” from possessing a firearm. This much is clear.
Unfortunately, the federal government (especially under the Trump Administration) remains in a full-pitch “war on drugs;” a war which includes a war on marijuana.
The purchase and sale of firearms is governed by a mix of state and federal law, and the federal government appears to be using this as a weapon to fight back against states such as California that are “legalizing” marijuana. As a result, while your right to possess a firearm is restored under state law by a Prop 64 felony reduction, the feds have claimed the power to continue to prohibit the purchase or sale of firearms even after a California judge has signed a court-order reducing your felony marijuana conviction to a misdemeanor.
As a leader in marijuana law and post-conviction relief under Prop 64, RGB LAW GROUP is at the frontline of this ongoing battle. We have had clients rejected by NICS after a Prop 64 reduction, while other clients’ firearm purchases have gone right through without any problem at all. There is no rhyme or reason as to why some are denied and others pass. We have several administrative appeals currently pending, but a broader resolution of this issue is bound up in the complexities that are inherent in our country’s state and federal law system (federalism) and the politics of the “war on drugs.”
Thus, as it currently stands, the law with respect to gun *purchasing* after a Prop 64 reduction is in flux. Our best guidance is to take advantage of Prop 64’s felony reduction provisions to end your “felon” status and to escape the California law that prohibits felon’s from possessing firearms. Then, join the fight to reform federal drug policy and to end the federal government’s hostile interference with state efforts such as Prop 64 to craft sensible drug policies.
We Can End your “Felon” Status for the Following Old Marijuana Felony Convictions:
If you are a felon and lost your gun rights due to any of the following marijuana felony offenses, we can restore your right to possess a firearm:
- Possession of Marijuana (Health & Safety Code, § 11357)
Possession of more than 28.5 grams of marijuana or more than 4 grams of concentrated cannabis by a person who is 18 years old or older. This offense is also commonly known as “personal possession of marijuana.”
- Growing Marijuana (Health & Safety Code, § 11358)
Planting, cultivating, harvesting, drying or processing more than six marijuana plants by a person 18 years old or older.
- Possession of Marijuana with Intent to Sell (Health & Safety Code, § 11359)
Possession of any marijuana for sale by a person 18 years of age or older. This offense is also commonly known as ” possession of marijuana for sale.”
- Sale of Marijuana (Health & Safety Code, § 11360)
Selling, furnishing, administering, or giving away, or offering to sell, furnish, administer, or give away, 28.5 grams of marijuana or more, by a person 18 years old or older.
- Transportation of Marijuana (Health & Safety Code, § 11360)
Transporting, importing into California, or offering to transport, or import into this state, 28.5 grams of marijuana or more, by a person 18 years old or older,
Note: In all of the above cases, problems may arise if you have prior convictions for certain specified offenses or involved a minor in the offense, or violated specified environmental laws during the commission of your offense.
Our Prop 64 Gun Rights Restoration Fee
Unless your record reveals some sort of problem that makes your case more complex than most, we charge a simple flat fee to petition to reduce your felony marijuana conviction under Prop64.
This fee is rock solid. We never hit you with surprise extra costs. Your fee covers everything, from start to finish of your case, including any and all court hearings (we handle them for you), any and all filing fees and the costs of serving all parties.
No office visit is required and we can do everything with you via email. Our goal, besides winning your case, is to give you zero headaches. When we take your case, the pressure is on our shoulders, not yours.
Interested? We can begin today. But, first a quick note on why our law firm can get the job done, and done right.
Long before the passage of Prop 64, our founding attorney Richard Glen Boire has been a nationally recognized marijuana law expert who has successfully restored the gun rights of many felons. He wrote the book Marijuana Law, authored a national report on the rights lost after a marijuana conviction, created the term “cognitive liberty,” and has 25+ years doing battle in court. You will not find a more skilled or experienced lawyer to restore your firearm rights!
You can get started right now by having us obtain and review your official California criminal record to confirm your eligibility for Prop 64.
To start your Prop. 64 Gun Rights Restoration today, just click below.