Legal Question in Criminal Law in California
In California I was convicted of a misdemeanor domestic violence in 1997. I was told I would be banned from owning a firearm for 10 years. Later, I found out that under the Lautenberg Amendment, I am now subject to a lifetime ban of possession of firearms. I is possible to have my state and federal gun right restored?
2 Answers from Attorneys
You can challenge it as it has been done in other districts or you can have your record expunged.
You are wasting your time trying to challenge federal law as advised by Mr. Mataele. You need to file a petition to have the conviction dismissed, pursuant to Penal Code section 1203.4, commonly called expungement.
Under the Lautenberg Amendment, an expungement will not disqualify you from obtaining or possessing firearms, unless your expungement order specifically includes that prohibition.
"A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."
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