Legal Question in Criminal Law in California

if pleading(no contest) same as (guilty)as an adult to a misdemeanor domestic violence/battery offense ,since has been (expunged) from my record.Is it legal to possess a firearm or purchase a firearm?


Asked on 8/22/09, 3:51 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

No you cannot. What is commonly called an expungement is actually a dismissal under Penal Code 1203.4, which specifically says it does not restore your gun rights.

Under Federal law, a person convicted of a domestic violence misdemeanor can never possess or own a firearm.

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Answered on 8/22/09, 3:58 pm
David M. Wallin Law Offices OF David M. Wallin

Mr Marshall is correct. Gun rights are not restored. 10 year prohibition in states and lifetime Federal. Sorry

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Answered on 8/22/09, 5:16 pm
Terry A. Nelson Nelson & Lawless

Counsel are correct, as far as they go. However, in some rare instances, if there are grounds for doing so, you could apply via a motion with substantial supporting evidence to the convicting court for an order restoring your firearms rights. However, 'good cause' is a high burden to meet, and does not mean "I wanna". If you have compelling cause, change of life conversion, etc., and are willing to pursue this, feel free to contact me.

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Answered on 8/24/09, 6:51 pm


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