Battery Denial of second amendment.

[slinky2k1]

After an incident i had when i was 18 years old i was given a charge of misdemeanor battery. This charge was not domestic in nature but I tried to DOJ a rifle and was denied. This was about 7 years ago and I have returned interest in buying a rifle. The lady i talked to from the DOJ told me after around 7 years afterwards they would reinstate my second amendment right. This seems fishy to me. The law is written for domestic abuse issues. My case is not relevant to that. Is there something I am missing? And what can I do to fix this issue thanks for any help.

[Blackwater OPS]

After an incident i had when i was 18 years old i was given a charge of misdemeanor battery. This charge was not domestic in nature but I tried to DOJ a rifle and was denied. This was about 7 years ago and I have returned interest in buying a rifle. The lady i talked to from the DOJ told me after around 7 years afterwards they would reinstate my second amendment right. This seems fishy to me. The law is written for domestic abuse issues. My case is not relevant to that. Is there something I am missing? And what can I do to fix this issue thanks for any help.

You will need a lawyer to resolve this. Please call (562) 216 4444 tomorrow and ask for Chuck Michel.

[Shotgun Man]

Yeah, a battery even a non-dv one deletes your 2A right for ten years CA. Sorry, no cites. Incrementalism.

I think you can get an exemption from a judge, but it's mostly cops who get that.

[Doheny]

You're pretty much screwed for 10 years unless you can somehow get it overturned, which would probably cost more than it is worth to you:

http://www.calgunlaws.com/index.php/topic-summaries/530.html


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[sac550]

Penal Code section 12021(c)(1). You are prohibited for 10 years from possessing firearms, ammunition or even a magazine.

[slinky2k1]

Just curious bout the man i am calling. before I call do you have any idea of what this person can do for me and what it may cost me? thanks. Im guessing he is one of the NRA lawyers.

[Doheny]

Just curious bout the man i am calling. before I call do you have any idea of what this person can do for me and what it may cost me? thanks. Im guessing he is one of the NRA lawyers.

His firm advertises on this site. Others here have used him, they could provide more info. He's good and I imagine he's not cheap. Good luck.

http://www.tmllp.com/index.php?option=com_comprofiler&task=userProfile&user=63&Itemid=105


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[sac550]

If you got convicted of PC 242 there is nothing a lawyer can do for you so don't waste your money. In CA you will just have to wait until 10 years from the date of your conviction. I would move out of this lib state if I were you. I doubt most states prohibit people for a 242 prior.

[anthonyca]

TMLLP is a great law firm when it comes to gun rights. Just curious were you told that you would be loosing your right to firearms possession for 10 years for a misdemeanor? How would that knowledge affected your decision to plead or fight it? Many people plead and find out after the fact that they lost a constitutional right.

[cubanos]

Please, do not waste your money ...the ten year period is mandatory....It is too late to withdraw your guilty plea(p.c.1018) that your lawyer failed to adivise you of all your consequences of pleading guilty. Too late to appeal....Based on the information provided, you must wait another three years...even an expungment of you record (p.1203.4a) will not allow to purchase the firearm :(

[Blackwater OPS]

Please, do not waste your money ...the ten year period is mandatory....It is too late to withdraw your guilty plea(p.c.1018) that your lawyer failed to adivise you of all your consequences of pleading guilty. Too late to appeal....Based on the information provided, you must wait another three years...even an expungment of you record (p.1203.4a) will not allow to purchase the firearm :(

Chuck will at least talk to him about his options beofre taking his money. I don't think you give him enough credit, his firm helps people with public defenders all the time, and you know he not getting any $$$ from that. In any case I don't think it would be a waste of time, and I don't know about you, but my 2A rights are worth a hell of a lot to me.

[gotgunz]

P.C. 851.8 should solve your problems if it has been 7 years. Not a guarentee but wont hurt to try.

[edwardm]

Why would it be a waste of money to talk to TM or any other attorney? Pretty much any competent counsel this person contacts isn't going to demand money up front just to hear the background and facts of the client's issue.

And you need to immediately and rapidly place large amounts of distance between yourself and any attorney that would demand money up front for something like that. There are days I burn more time on the phone talking to potential clients who realize they don't need to become paying customers, than I do billing hours. Doesn't bother me one bit.


Please, do not waste your money ...the ten year period is mandatory....It is too late to withdraw your guilty plea(p.c.1018) that your lawyer failed to adivise you of all your consequences of pleading guilty. Too late to appeal....Based on the information provided, you must wait another three years...even an expungment of you record (p.1203.4a) will not allow to purchase the firearm :(