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  1. #1
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    Oct 2011
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    Default Felony Expungement for Firearms Ownership

    My question involves criminal records for the state of: California
    I had a felony 30 years ago, in California, have never been arrested since, currently live in Oregon and I need help. It was a stupid part of my life but I'm still suffering the consequences of a felony. I would like to purchase a hand gun for my wife but it's against the law to even have it in my house. Is there a form I can send in or way I can get this expunged from my record without leaving Oregon? It seems like it would be a no brainer if my case was brought before the right person/court???? Does anyone have any advise for me?

  2. #2
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    Sep 2005
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    Default Re: Felony Expungement for Firearms Ownership

    The charge at issue can be relevant; we don't know what your conviction charge was, but the following information will apply in most cases.

    If your conviction was for a "wobbler", a crime that can be charged either as a felony or a misdemeanor, then you can try to address the issue by bringing a motion before the sentencing court to reduce your felony conviction to a misdemeanor conviction. For a conviction to a felony other than a wobbler, if you were convicted by plea (as opposed to jury trial) you can file a Writ of Error Coram Nobis to try to have the plea set aside - you should discuss that possibility with a criminal defense lawyer who handles post-conviction matters and is familiar with the details of your case. You can also petition for a certificate of rehabilitation or a pardon (although getting a certificate of rehabilitation is normally a first step in that process), either of which should restore your state right to own firearms under California law, assuming your underlying offense did not involve the use of a dangerous weapon. Although you haven't shared enough facts for us to know what procedure will be involved, some of these remedies will necessitate a trip to California.

  3. #3
    Join Date
    Jan 2010
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    Default Re: Felony Expungement for Firearms Ownership

    Quote Quoting smartdaddy
    View Post
    I would like to purchase a hand gun for my wife but it's against the law to even have it in my house.
    Have your wife buy the firearm herself. It isn't against the law for her to own a firearm. She should not be treated differently because you screwed up.

    It is illegal for you to be in possession of a firearm and this includes "constructive possession".

    Constructive possession is when you have no hands-on custody of the firearm. This means that you have the knowledge of the firearm plus the ability to control that firearm, even if you have no physical contact with it.

    You just need to get around the constructive possession law while living as a felon in a home with a person that owns the firearm legally.

    Your wife would need to keep the firearm in an approved firearms safe, keep that safe locked at all times, try and make her a small room in the house that she can only access. keep a deadbolt lock on this door and let her only have the key to that small room. Keep the firearm safe in this room. Try to get a keyed and combination lock safe or a fingerprint reader safe.

    Although you have the knowledge of the firearm you do not have the ability to exercise control over it. Thus, under the doctrine of constructive possession, the state would need to prove that you had the knowledge and the control over the firearm to prosecute you. The state could only prove you have the knowledge. They couldn't prove you have the ability to control that firearm because you wouldn't know the combination or your fingerprint would not be recorded to open the safe.

    Speak with a lawyer in your area that knows CA firearm laws very well.

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