Legal Question in Criminal Law in California

In 1995 I plead guitly to a Domestic Violence charge.One of the conditions of the court was that my guns be destroyed and I was not to own a gun for the next 10 years.This was 14 years ago.Earlier this year I had my record expunged.I am intreseted in hunting now,and would like to purcahse a gun.Are there any other steps I need to take before I am legally allowed?


Asked on 8/23/09, 6:13 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Sorry, but there is no way you can legally own or possess a firearm.

Under Federal law, anyone who has been convicted of a felony or a misdemeanor domestic violence offense is barred for life from having guns.

Your so-called expungement was most likely a dismissal under Penal Code �1203.4, which specifically says it does not restore your gun rights. It will also not seal the records or remove your conviction from court files. It must be disclosed if you run for public office or apply for any state professional license.

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Answered on 8/23/09, 9:52 pm
Terry A. Nelson Nelson & Lawless

The only exception to the above advice is that you could apply for restoration of firearms rights by a motion to the convicting court. If you have compelling good cause, other than 'I wanna', there is a slim chance of success. If serious about pursuing this, feel free to contact me.

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Answered on 8/24/09, 7:50 pm


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