Legal Question in Criminal Law in California

Gun Ownership

As a teenager in September 0f 1974 I was convicted in California of a misdeameanor offense of Section 459/17b.

Persuant to provisions of section 1203.4 of the Penal Code the complaint was dismissed on 05/20/1985.

Can I own a rigle/shotgun or pistol.


Asked on 6/07/09, 6:57 pm

4 Answers from Attorneys

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

Re: Gun Ownership

You can apply to the California Attorney General, who will tell you for a nominal fee whether or not you may purchase firearms in California.

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Answered on 6/07/09, 7:15 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Gun Ownership

You can apply to the California Attorney General, who will tell you for a nominal fee whether or not you may purchase firearms in California.

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Answered on 6/07/09, 7:16 pm
Karen Olson Attorney at Law

Re: Gun Ownership

The key factor in determining if you can legally purchase or own a firearm in California is whether you initially entered a plea to a felony or a misdemeanor. From the facts given, it sounds as if your felony burglary charge was reduced to a misdemeanor (pursuant to penal code section 17b) prior to or at the time you entered your initial plea of guilty. If that is the case, then you technically were "convicted" of a misdemeanor not a felony and the felony conviction prohibition against ownership/possession of a firearm would not apply. You need to take a look at how the conviction "reads" on your criminal history (rap) sheet to verify that it shows up as a misdemeanor conviction.

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Answered on 6/09/09, 1:13 pm
Terry A. Nelson Nelson & Lawless

Re: Gun Ownership

Expungement does not restore firearms rights. If you became a 'prohibited person' by felony conviction, you remain one until and unless you get a specific court order restoring those rights, or unless your conviction resulted in only a temporary loss of firearms rights, such as a ten year ban which may apply in your case. Check with the CA Attorney General to see if you are currently such 'prohibited person' under federal or state law. If so, feel free to contact me if serious about pursuing a restoration of your rights through proper motions to the court for 'good cause'.

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Answered on 6/08/09, 2:42 pm


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