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Purchasing a Firearm While on Probation in California

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  • 04-16-2011, 12:43 AM
    johnnydoe
    Purchasing a Firearm While on Probation in California
    My question involves criminal law for the state of:
    California

    I was arrested with possession of a narcotic and dui in sacramento county, when everything was said and done the narcotic charge was dismissed and i was given std dui probation with some kind of drug enhancement that really wasn't specified.

    Im on informal probation and the public defender told me basically i cant be arrested under the influence or be in contact with anyone that is a user or dealer of drugs this also includes search and seizure.

    So my question is basically how do i find out if im allowed by law to purchase and possess a firearm; if i go to a sporting store can they run my name and find out if im red flagged? please advise

    below are the charges i was stuck with
    Charge Dispositions:

    Count Plea Charge Dispo Code Dispo Date Severity
    C001 NP VC 23152(A) DI /2010 MIS
    C002 NC VC 23152(B) NC /2010 MIS
    C003 NP HS 11377(A) DI /2010 MIS
  • 04-16-2011, 02:21 AM
    DavidForthoffer
    Re: Purchasing a Firearm on Probation - California
    By "informal probation", I assume that means you do not have a parole officer.

    Nevertheless, it seems to me your parole would be under the supervision of some kind of parole department. I suggest asking them.

    That sounds a lot more sensible to me than having a store run your name, finding out you are not red flagged, selling you a gun, and then finding out you misunderstood the terms of your parole and getting thrown in jail for violating your parole.
  • 04-16-2011, 11:14 AM
    cdwjava
    Re: Purchasing a Firearm on Probation - California
    Odd that you were convicted of both 23152(a) and (b).

    Obtain a copy of you probation terms. If the terms prohibit the possession of any firearms or dangerous or deadly weapons, then you are out of luck.
  • 04-16-2011, 11:50 AM
    That Guy
    Re: Purchasing a Firearm on Probation - California
    Quote:

    Quoting cdwjava
    View Post
    Odd that you were convicted of both 23152(a) and (b).

    Carl, far be it for me to second guess you knowledge and expertise, :D but :D Am I incorrect in reading the dispositions as follows:

    Quote:

    Quoting johnnydoe
    View Post
    Charge Dispositions:

    Count Plea Charge Dispo Code Dispo Date Severity
    C001 NP VC 23152(A) DI /2010 MIS
    C002 NC VC 23152(B) NC /2010 MIS
    C003 NP HS 11377(A) DI /2010 MIS

    For both, 23152(a) and 11377(a), the "NP" (under "Plea") to mean "No Plea"
    For both, 23152(a) and 11377(a), the "DI" (under "Disposition Code") to mean "Dismissed"
    For 23152(b), the "NC" (under "Plea") to mean "No Contest"
    For 23152(b), the "NC" (under "Disposition Code") to mean "No Contest"

    ... Which would mean that johnnydoe pleaded "No Contest" to the 23152(b) whereas the 23152(a) AND the 11377(a) were both dismissed???
  • 04-16-2011, 11:53 AM
    cdwjava
    Re: Purchasing a Firearm on Probation - California
    Quote:

    Quoting That Guy
    View Post
    Carl, far be it for me to second guess you knowledge and expertise, :D but :D Am I incorrect in reading the dispositions as follows:


    For both, 23152(a) and 11377(a), the "NP" (under "Plea") to mean "No Plea"
    For both, 23152(a) and 11377(a), the "DI" (under "Disposition Code") to mean "Dismissed"
    For 23152(b), the "NC" (under "Plea") to mean "No Contest"
    For 23152(b), the "NC" (under "Disposition Code") to mean "No Contest"

    ... Which would mean that johnnydoe pleaded "No Contest" to the 23152(b) whereas the 23152(a) AND the 11377(a) were both dismissed???

    I did not read it that closely, but now that you point it out, you seem to be right. It would appear that he pled to the (b) section and the others were dropped ... odd that they dropped the dope.

    I just took it on face value that what he posted was what he was convicted of. Got a fever today, not feeling well ... no coffee, either.
  • 04-16-2011, 12:14 PM
    That Guy
    Re: Purchasing a Firearm on Probation - California
    Quote:

    Quoting cdwjava
    View Post
    I did not read it that closely, but now that you point it out, you seem to be right. It would appear that he pled to the (b) section and the others were dropped

    Gotcha...

    Quote:

    Quoting cdwjava
    View Post
    odd that they dropped the dope.

    Agreed. I'm not sure I understand the "drug enhancement" johnnydoe mentioned... Maybe he can clarify!

    My follow up question to that would be as follows (and sorry for the threadjack johnnydoe):

    Had he been convicted of 11377(a), it is my understanding that he would be required to register under H&S 11590, would such registration prohibit him for purchase/possession of a firearm or are those two unrelated matters?

    Quote:

    Quoting cdwjava
    View Post
    Got a fever today, not feeling well ... no coffee, either.

    Yeah, I hear there's a bug that's been going around. Take care and hope you feel better soon!
  • 04-16-2011, 12:23 PM
    cdwjava
    Re: Purchasing a Firearm on Probation - California
    Quote:

    Quoting That Guy
    View Post
    Agreed. I'm not sure I understand the "drug enhancement" johnnydoe mentioned... Maybe he can clarify!

    That's what led me to just gloss over the posted charges ... I assumed (albeit incorrectly, it appears) that these were his convictions.
    Quote:

    Had he been convicted of 11377(a), it is my understanding that he would be required to register under H&S 11590, would such registration prohibit him for purchase/possession of a firearm or are those two unrelated matters?
    11377(a) is an easy Prop 36 issue. It is also one that would require treatment, but might not require registration per H&S 11590 if he enters a DEJ program (other than Prop 36).

    If he were required to register, yes, he would be prohibited from purchasing or possessing a firearm in CA.

    As a matter of fact, DOJ was just in my county doing firearms sweeps on people who had prior convictions for lesser offenses but were still in possession of firearms. We had a lot of unhappy folks whose pasts came back to haunt them.

    Quote:

    Yeah, I hear there's a bug that's been going around. Take care and hope you feel better soon!
    I had it in January-February, then got rid of it after two trips to the doc and progressively stronger antibiotics. Now, one of the kids we have taken in (I have two additional charges beyond my own children) has been suffering from a bad bout of this plague and he, too, is on antibiotics. I blame him for giving it BACK to me! :-)
  • 04-16-2011, 05:17 PM
    johnnydoe
    Re: Purchasing a Firearm on Probation - California
    Originally my public defender thought i could get my drug charges dropped (1st time offender). I was first offered a diversion program but my second public defender said why dont we ask for something more lenient and the DA agreed to give me standard DUI punishment; i had increased days of work project i needed to do, and I was under search and seizure. I had no prior record or anything. I think that the lab tests something happened because the DA pretty much agreed to whatever.

    The drug charge started as a felony possession then it was dropped to a misdemeanor then it was dropped completely.

    I had 6 pill of extacy on me when i was arrested for driving drunk, was not under the influence of drugs when arrested. I'm not an addict of any sorts it was just an isolated occurrence.

    Anyways i feel i got pretty lucky with my charges.

    When i received my probation paperwork it was a standard dui probation paper except in the probation search and seizure was checked and in comments it says "drugs".

    Which means that my probation basically means that police know what to search for and i have no drug conditions specifically attached to my probation (documented on my side of paperwork atleast). I don't know the documentation i got from the court when i was arraigned is pretty cryptic but no where on my paperwork does it specifically limit my ability to purchase or possess a firearm. Not on my side anyway.

    What would be the best method of getting a copy of my probation terms?
    The whole thing about me starting this thread because it's my first deer season after being arraigned and i would like to buy a deer rifle and or possibly find out if I'm even allowed to possess a firearm to go hunting with.

    Also i wanted to thank you for taking the time to at the least discuss my problem.
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