Legal Question in Criminal Law in California

If I was convicted of ca pc 529(3). in 2008 of a felony and eligible for 17b reduction to a misdemeanor after completion of probation. in 2011 after it was reduced to a misdemeanor I was granted dismissal. my question is would I be able to go shot or own a firearm.


Asked on 1/28/13, 4:42 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

NO. Conviction of a felony loses you your firearms rights, forever. Expungement, reduction later, or other change does NOT change that loss.

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Answered on 1/28/13, 5:10 pm
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Nelson. Reduction of a felony to a misdemeanor may restore gun and voting rights. There is no blanket rule that says that a felony that is later reduced prevents gun ownership for life. Rather, each specific case has to be looked at and different statutes applied.

A misdemeanor conviction under Penal Code section 529(3) is not on my list for crimes that would prohibit gun ownership. You may want to double check with the California Department of Justice, which I believes has a form that you can use to find out if you can lawfully own and possess a firearm.

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Answered on 1/30/13, 12:53 pm


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