In California, individuals convicted of non-violent felony offenses in other states – and who have since had their rights fully restored in the state where they were convicted – remain prohibited persons under California law. As a result, even when the state in which an individual was convicted has had their conviction vacated, expunged or otherwise nullified, California maintains that individual is prohibited from possessing firearms or ammunition.
On December 20, 2018, the Second Amendment Foundation, joined by three California residents, and four other civil rights organizations filed suit challenging California’s prohibition. The suit asks the court for declaratory and injunctive relief, specifically, a declaration that California’s statutory regime barring those who have had their rights restored elsewhere from exercising those same rights in California violates the Second Amendment, as well as the Full Faith and Credit and Privileges and Immunities Clauses of the United States Constitution, and to enjoin the Defendants from continuing to enforce that interpretation.
Case Team: George Lee
To access all of the case documents, please visit the docket.