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  1. #1
    Join Date
    Apr 2010
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    Default Can Ex-Felons Open Carry After Expungement

    California-Hello I'm 24 and I had some trouble and made some bad choices in the past with a non-violent crime but I'm coming off probation in august and getting my felony expunged the same day, I'm trying to get my gun rights back and I was wondering if after I expunge my felony will my gun rights be reinstated and will I be able to Open carry.

    Please if anyone has any information legal or not contact me or reply asap!

    Thank You!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can Ex-Felons Open Carry After Expungement

    You mean, you're going to seek a dismissal? No, that won't of itself restore your firearms rights as a convicted felon.

  3. #3
    Join Date
    Mar 2009
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    Key West, FL
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    2,350

    Default Re: Can Ex-Felons Open Carry After Expungement

    Exactly what makes you think you can expunge a felony at the conclusion of probation?

    What makes you think the FBI will expunge it from the NCIC database and then not charge you with a felony when you purchase a firearm.

  4. #4
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    Apr 2010
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    North Carolina
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    Default Re: Can Ex-Felons Open Carry After Expungement

    Quote Quoting Mr. Knowitall
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    You mean, you're going to seek a dismissal? No, that won't of itself restore your firearms rights as a convicted felon.
    Firstly Cal. only allows open carry in unincorporated areas, WHERE county law doesn't restrict. So that is like in two counties outside of city limits; enjoy your open carry.


    Concerning general firearm ownership, we need more info.

    By expungement do you mean:

    A. The court will SEAL your record permanently. (possible, usually for juvenile cases and some others, this is the usual usage of "expungement")
    B. The court will REVERSE your conviction and enter a new plea/verdict. (unlikely, usually only on successful legal challenges)
    C. You are availing yourself of Ca. Penal Code §1203.4, stupidly called "conviction - dismissal" (most likely) (I say stupidly b/c every other legal use of "dismissal" implies the elimination of the item dismissed)
    D. Pardon (umm, no)

    as for gun rights:
    A. Yes
    B. Yes, if new verdict is: not guilty, guilty of misd. not involving domestic violence, charges/indictment dismissed (not the same meaning as C, hence stupidly).
    C. No, you must separately petition for restoration of firearm rights.
    D. Yes

  5. #5
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Can Ex-Felons Open Carry After Expungement

    Quote Quoting dbernat32
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    Firstly Cal. only allows open carry in unincorporated areas, WHERE county law doesn't restrict. So that is like in two counties outside of city limits; enjoy your open carry.
    Not quite.

    Absent a municipal or county code prohibiting open carry one can openly carry a legally owned/possessed and unloaded firearm most anywhere in the state. It is unlawful to carry a LOADED firearm within an incorporated city or a prohibited area of an unincorporated zone. Unloaded, open carry is permitted absent some local ordinance prohibiting it (ordinances which may, or may not, stand up to legal challenge).

    12031. (a) (1) A person is guilty of carrying a loaded firearm when
    he or she carries a loaded firearm on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or in any public place or on any public street in a
    prohibited area of unincorporated territory.

  6. #6
    Join Date
    Apr 2010
    Location
    North Carolina
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    4

    Default Re: Can Ex-Felons Open Carry After Expungement

    Well, I assumed the OP meant loaded. Unloaded is next to useless other than a slight deterrence factor; actually less than useless b/c you WILL be stopped by every cop you meet in LA, SF, etc. if you walk with an unloaded piece. And by stop, I mean guns drawn, you on your knees with hands cuffed "for your protection".

    Getting a taser for self-defense would be a much better idea. A C2 is good. A full sized taser would even have deterrent value for most situations, and cops "should" be able to recognize a taser versus a gun on sight.

  7. #7
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Can Ex-Felons Open Carry After Expungement

    Quote Quoting dbernat32
    View Post
    Well, I assumed the OP meant loaded. Unloaded is next to useless other than a slight deterrence factor; actually less than useless b/c you WILL be stopped by every cop you meet in LA, SF, etc. if you walk with an unloaded piece. And by stop, I mean guns drawn, you on your knees with hands cuffed "for your protection".
    Proning someone out at gunpoint shouldn't happen on an open carry situation unless the officers are poorly schooled on the law, or, the person carrying it is acting like a numbskull.

    I have made several low key contacts with people carrying openly without ever having to draw MY weapon.

    This is a relatively common political issue right now, and information on how to address the Open Carry folks has been widely disseminated to law enforcement here.

  8. #8
    Join Date
    Jun 2010
    Location
    Northen California
    Posts
    1

    Thumbs up Re: Can Ex-Felons Open Carry After Expungement

    First, and foremost, make sure that the "expungement" is done properly, best to have someone who does gun rights work to preform this. Secondly, after the "expungement" check with California Department of Justice that they have documentation from the court and you can legally possess, purchase or own a firearm.
    It is difficult to understand what you mean by open carry, if the firearm is exposed, most, if not all, cities do not allow a citizen to carry an exposed firearm within the city limits. The best advise is to carry the firearm in a vehicle, unloaded, with the ammunition in a separate area of the vehicle, like a trunk for the weapon, and inside the passenger compartment for the ammunition. Of course if you are taking the weapon into a firing range or a gun shop within the city limits, it would be permissible to carry the unloaded weapon exposed, or in a gun case into the place of business, use common sense.
    If you are hunting, you would be in a rural area, and obviously would have the firearm exposed; but don't load the firearm while in a vehicle under any circumstances.
    As to a CCW permit, concealed weapon permit, this is up to law enforcement agency in your city or county of residence. It is becoming more and more difficult to obtain a permit.
    FYI, under California law, what is normally called an "expungement" only means that the felony is dismissed and a misdemeanor conviction results, and then the misdemeanor conviction is dismissed. It will still remain on your record as an arrest, conviction, and dismissal for persons authorized to access your criminal history. However, it does restore any rights lost pursuant to a felony conviction. The conviction can, under certain circumstances. be used to enhance a sentence to any conviction following the "expungement" where this is authorized by law.
    Good luck

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