Legal Question in Criminal Law in California

Firearms Rights

I have a CA felony drug conviction from 1977, HS 11352. This is my only offense and I had the charge dismissed in 1981 via CA section 1203.4. I served no county jail time or state prison time for the offense. Instead, I washed police cars at Brea, CA police station for three months whereby I went home each evening. I want to have my firearms rights restored. I have not been arrested nor convicted of any crime since the above conviction that occurred in 1977.

I note something odd on the 1203.4 form I have. It states something about a prohibition on a concealed weapon and then it sites 12021 of the penal code. I looked up 12021 and the language there differs slightly from what I see in the judge�s order.

The paperwork I have states:

''Dismissal of an accusation or information pursuant to this section does not permit a person to posses or have in his custody or control any firearm capable of being concealed by the person or prevent his conviction under Section 12021, Penal Code.''

Can I have my gun rights restored and if so how long would this take and what might the approximate cost be?


Asked on 2/16/09, 1:37 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Firearms Rights

You got to wash police cars for community service? Pretty cool. If you received a 1203.4 then, by definition, you must not have had a felony. You might want to contact the Cal. Dept. of Justice to get a copy of your CLETS rap sheet to see what is on there. If it is on there as a felony, you could apply for a certificate of pardon and rehabilitation.

Read more
Answered on 2/16/09, 1:42 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: Firearms Rights

Yes, you can. First you will have to apply for and receive a certificate of rehabilitation (under Penal Code 4852.01 et al). You appear eligible, assuming you have lived in CA for the past 5 years.

The application is made in the Superior Court in the county in which you currently reside.

Once granted, the certificate will be forwarded to the Governor's office by the clerk, where it will serve as an application for pardon. See 4852.16 Assuming the Governor issues an unconditional pardon, you will have your rights restored, including the right to possess a firearm. See 4852.17

Fees - there are no filing fees for the application. Of course if you hire counsel to help you, you will have to pay attorney fees. You can also do this on your own, or if you qualify, you can have a public defender represent you.

By the way, the reference to PC 12021 AKA "Ex Con with a Gun" just means that until such time as you receive a full pardon, you are still deemed to be an ex-con for purposes of this law and may NOT legally possess a firearm, not withstanding your previous 1203.4 dismissal. Once you get your pardon, this section will no longer apply to you.

Read more
Answered on 2/16/09, 2:52 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Firearms Rights

Unfortunately, the expungement/dismissal under 1203.4 did not restore your firearms rights. You need to apply for certificate of rehabilitation and pardon. If this really matters to you, I would hire a lawyer. Call a few and see what they are willing to do for you and for how much.

Feel free to contact my office for a non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 2/17/09, 2:18 am


Related Questions & Answers

More Criminal Law questions and answers in California