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View Full Version : If I have a juvenile record, can I still purchase a handgun in california?


nicholasvaldivia
07-25-2009, 11:05 PM
I was wondering if I have a juvenile record can I still purchase a Handgun in CA? I bought a shotgun in Texas when I was 18 without any problems.

hybridatsun350
07-25-2009, 11:06 PM
What do you mean by juvenile record? Any felonies? :confused:

nicholasvaldivia
07-25-2009, 11:25 PM
yes it was a felony, burgalry of a building. But it happened in texas, also like i said I purchased a shot gun in texas without a problem.

kicker72
07-25-2009, 11:54 PM
As far as I know a felony is a felony doesn't matter what state you were in when it was commited. Did you have a background check done when you purchased your shotgun in Texas?

forgiven
07-26-2009, 12:20 AM
Is your juvenile record sealed?

Quiet
07-26-2009, 1:53 AM
If you want to be 100% sure, send in a Personal Firearms Eligibility Check Application (http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf) with $20 to CA DOJ BOF.
CA DOJ BOF will mail back a response in 30-120 days.

Hayashi Killian
07-26-2009, 3:57 AM
Unless the record was sealed or expunged, it's likely still there and will prohibit you. However it doesn't hurt to send the request in like how Quiet suggested, but if it wasn't sealed or expunged don't get your hopes up.

hitmeallday900
07-26-2009, 9:30 AM
Nope not until you get it sealed like the guys above me said. I beat up a bully when i was 16 whom was 19 but i broke his jaw. After going to YA for 13 months got back home mom and pops took turns beating me cause they had to pay for the braces. I had to go to county records and pay like 337 to get the file sealed.You can start the process but it'll show up as a B-Felony if it was violent.

technique
07-26-2009, 1:21 PM
If you want to be 100% sure, send in a Personal Firearms Eligibility Check Application (http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf) with $20 to CA DOJ BOF.
CA DOJ BOF will mail back a response in 30-120 days.

Try this first...^^^


I have a Juvenile record as well....no issues buying guns. Luckily for me, my Dad is Pro 2ndA so he made sure none of my firearms rights were affected..:)

Phireglass
07-26-2009, 3:08 PM
I too had a felony on my juvenile record, along with a couple misdemeanors for skateboarding, the felony was a completely non violent thing and my record was sealed, my question is do i need to check the box on the form where it asks if i have ever committed a felony. Like i said my record was sealed and i was told i can apply for jobs and other like applications and say that i never committed any crimes, its my understanding that after i completed all the probation and sealed my record its like it never happened. any ideas? thoughts?

technique
07-26-2009, 3:10 PM
I too had a felony on my juvenile record, along with a couple misdemeanors for skateboarding, the felony was a completely non violent thing and my record was sealed, my question is do i need to check the box on the form where it asks if i have ever committed a felony. Like i said my record was sealed and i was told i can apply for jobs and other like applications and say that i never committed any crimes, its my understanding that after i completed all the probation and sealed my record its like it never happened. any ideas? thoughts?

I always check...no.

nicholasvaldivia
07-26-2009, 4:53 PM
If I did not comit any of the crimes below should I be good to go then?





Persons Subject to Juvenile Court Law


Any person subject to juvenile court law and adjudged a ward of the juvenile court within the
meaning of Section 602 of the Welfare and Institutions Code for any of the following offenses, shall
not own, possess, or have under his or her custody or control any firearm until reaching 30 years of
age (Penal Code 12021(e)):
Murder.
Arson that causes great bodily injury or arson of an inhabited structure or property.
(Penal Code 451(a) and (b).)
Robbery while armed with a dangerous or deadly weapon.
Rape with force or violence or threat of great bodily harm.
Sodomy by force, violence, duress, menace, or threat of great bodily harm.
Lewd or lascivious act on a child under the age of 14. (Penal Code 288(b).)
Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
Sexual assault with a foreign object. (Penal Code 289.)
Kidnapping for ransom.
Kidnapping for purpose of robbery, rape, spousal rape, etc. (Penal Code
209(b)(1).)
Kidnapping with bodily harm.
Assault with intent to murder or attempted murder.
Assault with a firearm or destructive device.
Assault by any means of force likely to produce great bodily injury.
Discharge of a firearm into an inhabited or occupied building.
Specified crimes against persons 60 years of age or older, blind persons, paraplegics, or
quadriplegics as described in Penal Code section 1203.09.
Use of a firearm in the commission or attempted commission of a felony; discharge
of a firearm at an occupied motor vehicle causing great bodily injury or death; use of a firearm
to commit the controlled substances violations described in Penal Code
sections 12022.5 or 12022.53.
Any felony offense in which the minor personally used a weapon described in Penal
Code section 12020(a).
Felony intimidation of a witness and victim as described in Penal Code section 136.1 or
influencing the testimony or information given to a law enforcement official as described in Penal
Code section 137.
Manufacturing, compounding, or selling one-half ounce or more of any salt or
solution of a controlled substance specified in Health and Safety Code section
11055(e).
Possessing for sale, or selling a substance containing 28.5 grams or more of cocaine
as specified in Penal Code section 1203.073.
Any of the specified violent felonies listed in Penal Code section 667.5(c) committed for the
benefit, direction, or association with any criminal street gang as described in Penal Code section
186.22(b).
Intentionally inflicting great bodily injury on an employee of a juvenile facility
during an escape by the use of force or violence in violation of Welfare and
Institutions Code section 871(b).
Torture as described in Penal Code sections 206 and 206.1.
Aggravated mayhem as described in Penal Code section 205.
California Firearms Laws 2007 25
Carjacking as described in Penal Code section 215 while armed with a dangerous or deadly
weapon.
Kidnapping as punishable in Penal Code section 209.5.
Willfully and maliciously discharging a firearm from a motor vehicle at another
person other than an occupant of a motor vehicle.
Exploding, igniting, or attempting to explode or ignite any destructive device or
explosive with intent to commit murder.
Any of the offenses listed in Penal Code section 12021(c)(1).
Carrying a concealed handgun. (Penal Code 12025).
Carrying a loaded handgun. (Penal Code 12031).
Allowing another to transport a loaded handgun in a vehicle. (Penal Code 12034).

Gator Monroe
07-26-2009, 5:00 PM
Big Bamboo would know ...:chris:

SanSacto
07-26-2009, 5:05 PM
Felonies on your juvenile record should not prevent you from purchasing a pistol or other firearm. However, you may have a hold put on your 10 day DROS period because of your juvenile record. But it could be as simple as making a phone call to the DOJ to tell them to check the dates to realize it was on your juvenile record.

kermit315
07-26-2009, 5:35 PM
Felonies on your juvenile record should not prevent you from purchasing a pistol or other firearm. However, you may have a hold put on your 10 day DROS period because of your juvenile record. But it could be as simple as making a phone call to the DOJ to tell them to check the dates to realize it was on your juvenile record.

how sure of this are you......I thought this had come up before, and if it was a felony it was a no go period.

technique
07-26-2009, 5:39 PM
how sure of this are you......I thought this had come up before, and if it was a felony it was a no go period.


Maybe if you were tried as an adult.

kermit315
07-26-2009, 5:53 PM
dont know, never really thought about it, but I thought it had come up before here.......

J-cat
07-26-2009, 5:55 PM
TX Family Code

51.13. EFFECT OF ADJUDICATION OR DISPOSITION. (a)
Except as provided by Subsection (d), an order of adjudication or
disposition in a proceeding under this title is not a conviction of
crime.

SanSacto
07-26-2009, 6:42 PM
how sure of this are you......I thought this had come up before, and if it was a felony it was a no go period.

That is what happened in a DROS I did a few months ago.

kermit315
07-26-2009, 6:44 PM
cool....I learned something new.

Thanks for the info.

HowardW56
07-26-2009, 7:19 PM
A felony, as a Juvenile, does not automatically disqualify you from owning a firearm as an adult.

A felony listed in section 707 of the Welfare and Institutions code will disqualify you from owning a firearm and from having a juvenile record sealed.

In California, juveniles are confined for rehabilitation or ordered to probation under section 602 of the Welfare and Institutions code. There are specific penal code sections listed in section 707 of the Welfare and Institutions determine how their record will be treated, if they are eligible to have their record sealed, and if there are any permanent restrictions. Burglary is not listed in section 707 WIC.

Some juvenile courts will, depending on the age, alleged crime, and level of sophistication, order probation, upon successful completion of probation withdraw the plea, and dismiss the charges…

The best option in California, if you are in doubt, use the Personal Firearms Eligibility Check Application (http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf)

snobord99
07-26-2009, 7:29 PM
If I did not comit any of the crimes below should I be good to go then?

I'd say yes if you weren't convicted of whatever felony it was as an adult. (Cal. Penal Code 12021(b)).

But, the best advice is still to double check.

HowardW56
07-26-2009, 7:33 PM
If I did not comit any of the crimes below should I be good to go then?





Persons Subject to Juvenile Court Law


Any person subject to juvenile court law and adjudged a ward of the juvenile court within the
meaning of Section 602 of the Welfare and Institutions Code for any of the following offenses, shall
not own, possess, or have under his or her custody or control any firearm until reaching 30 years of
age (Penal Code 12021(e)):
Murder.
Arson that causes great bodily injury or arson of an inhabited structure or property.
(Penal Code 451(a) and (b).)
Robbery while armed with a dangerous or deadly weapon.
Rape with force or violence or threat of great bodily harm.
Sodomy by force, violence, duress, menace, or threat of great bodily harm.
Lewd or lascivious act on a child under the age of 14. (Penal Code 288(b).)
Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
Sexual assault with a foreign object. (Penal Code 289.)
Kidnapping for ransom.
Kidnapping for purpose of robbery, rape, spousal rape, etc. (Penal Code
209(b)(1).)
Kidnapping with bodily harm.
Assault with intent to murder or attempted murder.
Assault with a firearm or destructive device.
Assault by any means of force likely to produce great bodily injury.
Discharge of a firearm into an inhabited or occupied building.
Specified crimes against persons 60 years of age or older, blind persons, paraplegics, or
quadriplegics as described in Penal Code section 1203.09.
Use of a firearm in the commission or attempted commission of a felony; discharge
of a firearm at an occupied motor vehicle causing great bodily injury or death; use of a firearm
to commit the controlled substances violations described in Penal Code
sections 12022.5 or 12022.53.
Any felony offense in which the minor personally used a weapon described in Penal
Code section 12020(a).
Felony intimidation of a witness and victim as described in Penal Code section 136.1 or
influencing the testimony or information given to a law enforcement official as described in Penal
Code section 137.
Manufacturing, compounding, or selling one-half ounce or more of any salt or
solution of a controlled substance specified in Health and Safety Code section
11055(e).
Possessing for sale, or selling a substance containing 28.5 grams or more of cocaine
as specified in Penal Code section 1203.073.
Any of the specified violent felonies listed in Penal Code section 667.5(c) committed for the
benefit, direction, or association with any criminal street gang as described in Penal Code section
186.22(b).
Intentionally inflicting great bodily injury on an employee of a juvenile facility
during an escape by the use of force or violence in violation of Welfare and
Institutions Code section 871(b).
Torture as described in Penal Code sections 206 and 206.1.
Aggravated mayhem as described in Penal Code section 205.
California Firearms Laws 2007 25
Carjacking as described in Penal Code section 215 while armed with a dangerous or deadly
weapon.
Kidnapping as punishable in Penal Code section 209.5.
Willfully and maliciously discharging a firearm from a motor vehicle at another
person other than an occupant of a motor vehicle.
Exploding, igniting, or attempting to explode or ignite any destructive device or
explosive with intent to commit murder.
Any of the offenses listed in Penal Code section 12021(c)(1).
Carrying a concealed handgun. (Penal Code 12025).
Carrying a loaded handgun. (Penal Code 12031).
Allowing another to transport a loaded handgun in a vehicle. (Penal Code 12034).

It depends how the crime was treated by the Texas courts....

shoupdawg
07-26-2009, 8:59 PM
If you don't mind, let us know how it goes.