Legal Question in Criminal Law in California

buy a fire arm

my name is--name removed--I got a felony drug charge for posetion of merijouna 10 years ago. my family hunts and i wanted to buy a gun to go hunting so i went back to court and had a 17/B position dont that droped it to a mitsermeaner. That was my onley charge ever. I was wandering if i could now buy a firearm. thank you


Asked on 8/25/07, 10:25 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: buy a fire arm

If I understand your question, you had the prior conviction reduced to a misdemeanor under penal code section 17. This section provides that a reduction under this section is a misdemeanor for all purposes. There is some debate as to whether or not this satisfies the federal requirements. Go the sheriff's office and ask to review your criminal history file. This should indicate whether or not the prior is considered a felony.

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Answered on 9/10/07, 1:03 am
Terry A. Nelson Nelson & Lawless

Re: buy a fire arm

Expungement does NOT restore firearm rights. If you try to buy a gun, you commit a new felony. The only chance you have to get your rights restored is by a proper motion to the court, with supporting documents and declarations sufficient to convince a judge to do so. It would be a tough sell, with no guarantee of success. However, since it was not a crime of violence, you'd have a better shot at it than others. If you're serious, and willing to spend the time and money to try, contact me.

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Answered on 8/27/07, 2:32 pm


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