[samstriano]

Hello,

I was arrested 1/7/1997 in California on a PC 273.5 (Felony Sposual Abuse).
I pled no contest to a PC 242 (Simple Battery), received a small fine, 3 years probation, and had to do anger management classes.

I successfully completed all of my requirements by 2/28/1998.

It was the first and only time I have ever been in trouble.

I then had the case expunged in 6/2008, and my question is this?

Can I own a firearm?

According to Title 18, Chapter 44 of the United State Code, Section 921(33)(B)(ii) - Defining "Domestic Violence"

A person shall not be considered
to have been convicted of
such an offense for purposes of
this chapter if the conviction has
been expunged or set aside, or is
an offense for which the person
has been pardoned or has had civil
rights restored (if the law of the
applicable jurisdiction provides for
the loss of civil rights under such
an offense) unless the pardon, expungement,
or restoration of civil
rights expressly provides that the
person may not ship, transport,
possess, or receive firearms.

To me that says that on the Federal Level i am clear to own a weapon.

I now live in the State of Oregon, and their law only points to a four year ban on firearms when convicted of a violent crime.

Can someone please help me in the proper direction?

Regards,
Sam

[divemedic]

From the instructions for the 4473:

EXCEPTION 1: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2) the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer “no” to 12c or 12i, as applicable. A person who has been convicted of a misdemeanor crime of domestic violence also is not covered by the prohibition unless: (1) the person was represented by a lawyer or gave up the right to a lawyer; and (2) if the person was entitled to a jury, was tried by a jury or gave up the right to a jury trial. Persons
subject to this exception should answer “no” to 12i.

[cdwjava]

Here are the people to contact:

http://ag.ca.gov/firearms/

- Carl