Legal Question in Criminal Law in California

I was convicted of a violation of 11378 of the H&S code. I petitioned the court in 1993 and it was ordered that the plea/finding of guilt be vacated and a plea of not guilty be entered; and that the complaint be dismissed pursuant to section1203.4 of the penal code of California. Am I able to own a legal handgun for home selfdefense or to go target shooting with friends(be in possession of a handgun)?


Asked on 2/25/10, 9:55 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

No. If you have been convicted of a felony, you cannot own or possess any firearms or ammunition.

Penal Code 1203.4 specifically says it "does not permit a person to own, possess, or have in his or her custody or control any firearm."

A governor's pardon would restore your gun rights, but those are rarely granted. California governors have only granted three pardons in the last decade.

One attorney who posts on LawGuru claims to be able to file a "special motion" for a judge to restore your gun rights, but there is no authority for a judge to do this. Even if you found a judge who was senile, ignorant or crooked enough to grant an illegal motion, it would have no legal authority.

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Answered on 3/02/10, 10:08 am


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