PDA

View Full Version : regaining firearm rights?


Sal
07-27-2008, 11:24 PM
Hey, I was wondering what would the procedure be for regaining firearm rights after having a misdemeanor domestic dispute charge expunged? I'm asking because i know someone who Had a BS domestic dispute charge happen about 12 years ago, and was expunged about 9 years ago, but never had the right to own firearms restored.

They wanted to purchase a firearm, and DROS'ed one awhile back and was denied, they had figured that since it had been expunged it would have cleared it all up. Is there any way to restore the right easily without a lawyer?

The charge was total BS, basically its a woman I know who was having an argument with her boyfriend of the time, he got mad and said that he was going to kill them both, and intentionally crashed the car. There happened to be a police officer just nearby, and when he got to their car, she was hitting him trying to get the keys away from him so he couldn't try to drive away. Because the officer witnessed her hit him, he had to report it as domestic dispute, and she was charged with a misdemeanor for it, since she didnt have a car or money to go and try to fight the charge.

Daevian
07-27-2008, 11:48 PM
Writing a letter to the governor for a pardon has worked in the past.

Another way is filing suit against the state for failure to restate lost rights (though I have to relook up the case pleading.)

From the research I have gathered, he should have been expunged by now. However, if he has, and they have denied him then somewhere in the expungement will specificly state that he or she may never transport, carry, or buy a firearm.

Sal
07-27-2008, 11:58 PM
It was only a misdemeanor charge, so i was really hoping that it could just be reversed by requesting it, I'll look at the papers from the expungement and see if it says anything about firearms.

Daevian
07-28-2008, 12:19 AM
As far as my research as led me it appears that the process to regain lost rights applies to criminal, felony or misdemeanor charges. Why, on earth is it that way beats me.

Let me know on expungment paperwork and see if it has any specific language mentioned on there.

And even if was a simple request, it'd take some time to get reversed. I'd write Arnie a letter and see about getting a pardon.

Sal
08-01-2008, 12:13 AM
i guess it does say simply that the expungement does not include the return of firearm rights, what is there to do?

Liberty1
08-01-2008, 1:24 AM
http://www.calguns.net/calgunforum/showthread.php?t=97498

MudCamper
08-01-2008, 9:27 AM
i guess it does say simply that the expungement does not include the return of firearm rights, what is there to do?

What exeactly was the charge? If it is enumerated in 12021(c) then it's a 10 year prohibition. After 10 years he should be good to go. Best advice is contact an attorney who understands the various forms of expungement and firearms laws.

http://www.calguns.net/calgunforum/showthread.php?t=97498

And more discussions:

http://www.calguns.net/calgunforum/showthread.php?t=71497
http://www.calguns.net/calgunforum/showthread.php?t=92885

CDMichel
08-02-2008, 5:36 AM
Call my office and ask Jessica for a record rehabilitation package. Whether relief is available is heavily fact and case specific. 562 216 4472.

CDM