If I get my felony reduced under Prop. 64, WILL IT RESTORE MY GUN RIGHTS?

Probably. Prop. 64 is similar to Penal Code section 17(b) in that successful reduction transforms that conviction into a misdemeanor for all purposes. California courts have explicitly stated that 17(b) restores a person’s gun rights.[3144] Though it has not yet been litigated, there is nothing in the language of Prop. 64 that implies it should be treated differently than 17(b) in this sense.[3145] Still, because Prop. 64 is a relatively new law, it may take some time for the DOJ to devise policies around the restoration of gun rights under Prop. 64. If you are having a hard time, contact your attorney or call Root & Rebound’s Reentry Legal Hotline.

  1. 3144

    See Gebremicael v. California Com. on Teacher Credentialing (2004) 117 Cal.App.4th 1477, 1485; People v. Culbert (2013) 218 Cal.App.4th 184; People v. Gilbreth (2007) 156 Cal.App.4th 53, 57; See People v. Lewis (2008) 164 Cal.App.4th 533 ↑

  2. 3145

    By contrast, the language of Penal Code section 1170.18(k), which codifies Prop. 47, explicitly states that gun rights cannot be restored under that section. Health & Safety Code section 11361.8. which codifies Prop. 64, contains no such provision. ↑