Legal Question in Criminal Law in California

This is a followup to an earlier question. This person had felony charges dismissed under Penal Code 1203.4 -- which specifically does not restore firearm rights -- but a motion to reduce the felony to a misdemeanor under Penal Code 17(b) was denied.

You can still petition the court to reduce the felony, even if it was previously denied. I would not use the form CR180, which is used to apply for a 1203.4 dismissal (often called an expungement, even though it doesn't really expunge anything).

In cases like this, I usually file a formal pleading, listing all of the reasons the judge should grant the motion to reduce the felony, with documentation to support my arguments.

"I want to go hunting" isn't the most compelling reason, so I try to show the court how the felony conviction is keeping my client from achieving career or educational goals -- for instance, getting a license to be a contractor or real estate agent.

This is the kind of thing where you're probably better off with a lawyer. Beware of the law firms that advertise extensively on the Internet that they will CLEAR YOUR RECORD. Many charge sky-high prices to file simple form paperwork, and won't give the kind of personal attention you will get from a local criminal defense attorney.

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.