Legal Question in Criminal Law in California

ca.statute pc.246.3

in 2003 i was charged with this for discharging a firearm in a no-shoot zone. i did 3 months and had 3 years probation for no firearms and alcohol.this charge was expunged / dismissed a month ago. i did a doj self-check which came back negative. is it possible to regain my possession rights without waiting another 5 years? i live in santa cruz county.not a conservative hotbed in politics.


Asked on 2/13/09, 6:21 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: ca.statute pc.246.3

Violation of pc 246.3 is a misdemeanor. I saw nothing in the code section that limits the ownership of fire arms. I presume that when you say the doj check came back negative that there is no restriction on your ability to own a gun.

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Answered on 2/16/09, 11:46 pm
Terry A. Nelson Nelson & Lawless

Re: ca.statute pc.246.3

You can try by seeking a court order to restore your firearm rights, through an appropriate motion and court hearing. IF successful, you then can try to get DOJ records clearance and purchase approval by proper application to them for record correction and removal from the 'prohibited persons list'. Nothing is guaranteed. Feel free to contact me if serious about getting the legal help you'll need.

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Answered on 2/13/09, 8:54 pm


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