Legal Question in Criminal Law in California
Hello, I am in California, if I need to file a motion to restore 2nd amendment rights from a non-violent felony that has already been exponged more than 10 years ago, do I need to file it at the court that originally convicted me, or can I file it at a local court? thanks
Asked on 3/20/13, 2:01 pm
1 Answer from Attorneys
Terry A. Nelson
Nelson & Lawless
Sorry, dream on. Felony conviction results in lifetime ban on firearms and ammunition under both state and federal law. Expungement does not change that. Nothing will, except a full and specific Governor's Pardon. There have been only a handful of such pardons in the last decade, and only for extraordinary circumstances such as proof of actual innocence of the crime, not 'I want it'.
Answered on 3/20/13, 2:41 pm
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