Legal Question in Criminal Law in California

12 years ago i pleated no contest on a felony taking a vehicle w/o owner consent, got 1 year in county jail and 3 threes probation. two weeks before my probation ended i got in trouble for three felony insuff funds check to a local home depot . i got 1 more year in county and two years probation . since then i filled all my obligations , restituions and havent been anywere near trouble . a little over a year ago i petitioned for an exspungment. and got a 1203.4 dismissal and not guilty. Were it stated 17 b reduce felonys it was denied . i just got invited to a hunting trip in alaska and iam trying to save myself the embarrassment trying to purchase a rifle and get denied . please can i get some clearification if i can purchase a firearm..i ve never been to prison and have no violent history. signed confused .


Asked on 10/14/09, 11:21 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Sorry, but it appears you're out of luck.

Please read Penal Code 1203.4. It specifically says that a dismissal under that section does NOT restore your firearm rights.

Reducing felony convictions to misdemeanors under Penal Code 17(b) will restore a person's right to possess a firearm, with a couple of important exceptions.

(Neither exception applies to your case, but I added them for others who might read this post.)

-- If you were convicted of certain violent misdemeanors listed in Penal Code 12021, there is still a ten year prohibition on owning or possessing a firearm.

-- Federal law prohibits you from possessing a firearm FOR LIFE if you were convicted of a misdemeanor involving domestic violence.

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Answered on 10/14/09, 11:36 pm
Terry A. Nelson Nelson & Lawless

With your felony record, even trying to buy a firearm would get you arrested on a new federal felony with mandatory prison time, not just denied a purchase. You are not allowed to own, control, possess or even handle, guns or ammo, and you would be in violation if you were in a vehicle or dwelling that contained guns or ammo within your access.

Expungement does not restore firearms rights that have been taken away. If you lost your firearms rights by criminal conviction[s], then the only way to have those rights restored is by special motion to each of the convicting courts, seeking restoration of rights. You'll have to persuade the judge[s] to do so "for good cause", exercising their discretion. There is no assurance of success in such motions. If you can succeed at doing so for all convitions, then you would submit the documentation to DOJ and state authorities, to have them update their records and remove you from the 'prohibited persons' category. If you think you have grounds for such motions, and are serious about trying this, feel free to contact me.

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Answered on 10/15/09, 12:54 pm
Robert Marshall Law Office of Robert L, Marshall

I'm always puzzled by Mr. Nelson's statements about a "special motion" to restore firearm rights.

The only relief authorized in California is for police officers, who depend on carrying a gun to keep their jobs, and it only applies to certain misdemeanors. It also wouldn't help someone convicted of a domestic violence offense because the lifetime Federal gun ban would still apply.

Even assuming you could find a judge who was senile or ignorant enough to grant this "special motion," it MIGHT get you out of trouble one time, but no more. Since it would be illegal for a judge to grant a motion restoring your gun rights, you MIGHT be able to claim you relied on it the first time you got caught... but after that, you'd be told it was no good, and you couldn't claim you didn't know it was an illegal order.

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Answered on 2/24/10, 8:31 pm


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