Legal Question in Criminal Law in California
Purchase of a handgun after record cleared
If my friend was arrested 25 yrs. ago of afelony possesion charge and has no other arrests since and had the charge reduced to a misdemeanor plus his record was cleared by the courts can he now buy a handgun without the background check coming back to eliminate him. Can he say no on the application where it asks if you've ever been convicted of a felony?
3 Answers from Attorneys
Re: Purchase of a handgun after record cleared
NO. And, if he fills out the forms to buy a gun now, he commits a new felony. If he wants to try to get his firearm rights restored, he must file the appropriate application and Motion with the convicting court and show good cause. If serious about doing so, feel free to contact me.
Re: Purchase of a handgun after record cleared
If your friend was convicted of a felony and later had it reduced to a misdemeanor and expunged he still cannot be in possesion of a firearm. He still is considered a felon for purposes of Felon in Possesion of a Firearm Charge. He needs a certificate of rehabiliation or a Governor's Pardon to get his right to own a firearm back. We do these motions and you or he may contact us at www.wallinlaw.com. David Wallin
Re: Purchase of a handgun after record cleared
He can say that he was not convicted of a felony on a job application but not on an application to get a firearm.
If he wants his firearm rights restored, he will need to prepare and file proper motions through a lawyer.
Feel free to contact my office for a free, confidential and non-binding consultation.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
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