Legal Question in Criminal Law in California

I have a felony on my record for embezzlement which will be reduced to a misdemeanor when I finish my court fees. Will I be able to get a guard card or own a firearm?


Asked on 12/11/11, 3:59 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Oh, please. Like anybody is going to hire a thief to guard their property. Pursue another career path. And stop re-asking the same question on LawGuru. It's not like re-asking the same question over and over is going to magically make you not a convicted thief.

Read more
Answered on 12/11/11, 4:59 pm
Anthony Roach Law Office of Anthony A. Roach

I believe that I answered this before, requesting more information regarding the underlying charge. I was hoping for the specific charge section.

Embezzlement is typically punished as either Penal Code 487 grand theft (if the value of the embezzled property is worth more than $950) or as Penal Code 488 petty theft (if the value is $950 or less).

Neither of these two charges carry the 10 year ban on possession of firearms, if they are charged or reduced to misdemeanors. When you have the charge reduced, and attempt to buy a firearm, you should make sure that you go through a licensed firearms dealer, and complete the proper paperwork with the Department of Justice to ensure that you are authorized to purchase a firearm.

Read more
Answered on 12/12/11, 7:19 am
Terry A. Nelson Nelson & Lawless

As in the answer to the earlier essentially identical post, felony conviction results in a lifetime ban on possession of firearms and ammo, unless you get a full governor's pardon with specific restoration of firearms rights.

Again, expungement does NOT and can NOT restore firearms rights, although it will help you in employment applications.

FYI: the number of pardons granted by California governors since 1991:

Arnold Schwarzenegger, 3 ;

Gray Davis, zero ;

Pete Wilson, 13 ;

not good odds compared to the substantial legal fees and expenses of the pardon application process.

Read more
Answered on 12/12/11, 9:43 am


Related Questions & Answers

More Criminal Law questions and answers in California