Firearms Rights After Reduction of a Conviction Charge

[matt4200]

My question involves criminal records for the state of: California

I was convicted of a felony grand theft about 3 years ago, completed probation last year and last week was granted a 17(b) reduction as well as a 1203.4 dismissal. Am I now legally allowed to get/use a gun due to this?

[cdwjava]

My question involves criminal records for the state of: California

I was convicted of a felony grand theft about 3 years ago, completed probation last year and last week was granted a 17(b) reduction as well as a 1203.4 dismissal. Am I now legally allowed to get/use a gun due to this?

No. Unless your expungement specifically restored your firearms rights, you are still a prohibited person. You may want to speak with an attorney to assist you in getting this back before the court.

[matt4200]

The felony was changed into a misdemeanor, no longer making me a convicted felon (my public defender stated). PC 17(b)
Then the charge was dismissed (Making it reflect no convictions on my record but instead only an arrest) (Again PD stated) PC 1203.4

This is the information provided by my attorney/Public Defender so it's incorrect? They said the order did not need to specifically state that because the 17 (b) change prior to the 1203.4 would restore my ability to own/use a firearm.

[cdwjava]

The felony was changed into a misdemeanor, no longer making me a convicted felon (my public defender stated). PC 17(b)
Then the charge was dismissed (Making it reflect no convictions on my record but instead only an arrest) (Again PD stated) PC 1203.4

This is the information provided by my attorney/Public Defender so it's incorrect? They said the order did not need to specifically state that because the 17 (b) change prior to the 1203.4 would restore my ability to own/use a firearm.

Typically, an expungement per PC 1203.4 does NOT restore your firearms rights unless the court specifically grants such a restorarion. You can always try to purchase a firearm and see if you are rejected. If you are rejected, you could be charged with a crime for attempting to unlawfully purchase a firearm.

Or, check with the DOJ:

http://oag.ca.gov/sites/all/files/ag...ms/pfecapp.pdf

[matt4200]

Ok, is there an amount of time that should pass prior to the system updating with the court order? I don't want to to the check the it say no simply because the system hadn't updated yet.

[cdwjava]

Ok, is there an amount of time that should pass prior to the system updating with the court order? I don't want to to the check the it say no simply because the system hadn't updated yet.

It shouldn't take more than a couple of days, tops, to be entered into a local system. How long it might take to be entered into CLETS is another matter. You might want to wait a few weeks before you submit the paperwork.

But, as I said, unless your expungement specifically restored your firearms rights, you are probably still prohibited at least under federal law.

[matt4200]

Is there something that says I would be prohibited? Despite the change to misdemeanor and dismissal?

I will wait a month

[cdwjava]

Is there something that says I would be prohibited? Despite the change to misdemeanor and dismissal?

I will wait a month

Yes ... read federal law ... 18 USC 922 et seq.

The issues involved could involve the specific code section you were convicted of. It is not a good idea to automatically assume your gun rights have been restored because of an expungement. State and federal law are similar but not identical, and while you may be permitted to own a firearm under one, the other may prohibit you. That is why it is a good idea to either have an attorney help you and seek an expungement that specifically restores your firearms rights if you have been convicted of an offense that might otherwise hold a lifetime ban, or, file the aforementioned request with the DOJ.

You can be reckless, or, you can be prudent. Your call.

[flyingron]

The feds will treat a California restoration of firearms rights as good enough for them.

The real bad one is that DV crimes won't be undone because California doesn't take the rights away they won't restore them in a way that the feds will recognize.

[matt4200]

Cdwjava- I had to wait 9 months to get "on calendar" that's why I'm hesitant about having to go to court again because this is not about a new case and I'm using the public defender it takes excessively long to do anything.

Would it be the second page of this you're referring to cdwjava? It's what my pd said would keep me as a prohibited person.

http://oag.ca.gov/sites/all/files/ag...hibcatmisd.pdf

If you're hesitant about clicking the link just google oag firearms ban it's the second one that shows up