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View Full Version : How to get your rights back after being convicted of misdemeanor battery


SoCalRepo
03-08-2010, 7:54 PM
How do i get my rights back??? When i was in court i was told that these charges would not effect my gun rights from my lawyer. The judge put a special stipulation on my probation order... instead of not being able to own any"deadly weapons" it was changed to not being able to own any "ILLEGAL deadly weapons" which was interperted by my lawyer that i can own guns but the cant be illegal guns. after 2 years i have just discovered that the charge of battery takes your gun rights away anyways so it was a catch 22... right? anyone have any advice of how to get my rights back?

Grumpyoldretiredcop
03-08-2010, 8:11 PM
Hire an attorney. Seriously. This isn't something that you tackle by yourself/with advice from an Internet forum.

wildhawker
03-08-2010, 8:13 PM
If you posted your location we could direct you to an attorney who could assist you in determining a path forward, if any.

SoCalRepo
03-08-2010, 8:17 PM
Orange County California... I need a good lawyer that doesnt cost a arm and a leg.

G17GUY
03-08-2010, 9:35 PM
I need a good lawyer that doesnt cost a arm and a leg.

:confused:
http://www.calgunlawyers.com/Davis_%26_Associates/Home.html

Vacaville
03-08-2010, 9:39 PM
Orange County California... I need a good lawyer that doesnt cost a arm and a leg.

:rofl:

wildhawker
03-08-2010, 10:05 PM
Jason Davis is an excellent recommendation.

TatankaGap
03-08-2010, 10:54 PM
How do i get my rights back??? When i was in court i was told that these charges would not effect my gun rights from my lawyer. The judge put a special stipulation on my probation order... instead of not being able to own any"deadly weapons" it was changed to not being able to own any "ILLEGAL deadly weapons" which was interperted by my lawyer that i can own guns but the cant be illegal guns. after 2 years i have just discovered that the charge of battery takes your gun rights away anyways so it was a catch 22... right? anyone have any advice of how to get my rights back?

You can PM me if you want to discuss.

SkyStorm82
03-09-2010, 5:03 AM
Wow. I did'nt know you lose your gun rights for a simple battery conviction.

BBKGARY
03-09-2010, 5:43 AM
Todd Landgren restored gun rights for my friend, he s in OC

JDay
03-09-2010, 6:47 AM
If this was a domestic violence conviction they're gone for life although it is possible to get your rights restored. This law went into effect September 30, 1996 and is retroactive.

http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban

The act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse. The act also makes it unlawful to knowingly sell or give a firearm or ammunition to such person.

Firearms dealers are under ever increasing pressure to avoid straw purchases — a purchase made by a non-prohibited person on behalf of a prohibited person. This means that spouses, people who cohabitate with a domestic violence offender, and indeed friends can come under very close scrutiny by dealers and law enforcement during the sales process.

The definition of 'convicted' can be found in the chapter 18 USC ss 921(a)(33)(B)(ii) and has exceptions:

(33) (B) (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Therefore, if a person was represented by counsel, waived that right, AND, the person was entitled to a trial by jury, but also waived that right, the person shall not be considered to have been convicted if the conviction was expunged or set aside or had his civil rights (to bear arms) restored, UNLESS the further order of the court permanently revokes that right.

bsg
03-23-2010, 7:57 PM
misd. battery is a 10 year loss of gun rights. your attorney had it written in that you could not have illegal weapons as part of your probation or sentence; but the state law is above and beyond what the court orders or agrees to. do speak with an attorney that specializes in this sort of thing. you can petition to have the conviction set aside after completing probation; you do this at the court where conviction took place. however this does not shorten the 10 year penalty. you can contact DOJ for information and to check if this penalty period has been altered or modified. good luck to you and again, i would advise you consult with an attorney regarding this matter.

-Brady-

tom1850
03-23-2010, 8:11 PM
Not sure what he charges but I know he is really good.

http://deansteward.com/index.asp

ZirconJohn
03-23-2010, 8:34 PM
misd. battery is a 10 year loss of gun rights. your attorney had it written in that you could not have illegal weapons as part of your probation or sentence; but the state law is above and beyond what the court orders or agrees to. do speak with an attorney that specializes in this sort of thing. you can petition to have the conviction set aside after completing probation; you do this at the court where conviction took place. however this does not shorten the 10 year penalty. you can contact DOJ for information and to check if this penalty period has been altered or modified. good luck to you and again, i would advise you consult with an attorney regarding this matter.

-Brady-

AFAIK This is correct... ten (10) years before you can petition the court to have the conviction expunged. Do however seek professional advise, I am NOT a lawyer... I'm a hillbilly, well not really... just a wannabe hillbilly - fer sure!

I do know of one case where the convicted did petition the court; was eight years after 1994 misdemeanor battery conviction, but was regarding maintaining employment. The petitioner had letters from business owner, Sheriff Dept, and various local City Officials. And even with all that, expungement was by a thin margin, was not easy... plus it was expensive...!

Personal note;
This why I am a STRONG advocate of put your fat tuff guy tail between your legs and walk away...;
Just STFU and walk the hale away no matter what, NO MATTER WHAT!!! and maintain your RKBA...
I very simply cannot say it enough, and in any simpler terms than that [period]!

5150bronco
03-23-2010, 10:12 PM
call doj and ask them. talk with lady in firearms dept. know what your conviction is and penal code. and time of stay without firearm right for the penal code conviction. expungement is an option too maybe.

Liberty Rules
03-23-2010, 10:46 PM
There are many older posts which discuss this topic at length.

In a nutshell...at the current time, the 10 year firearms prohibition in CA for a misdemeanor crime of domestic violence (MCDV) is irrelevant. The Feds contend that CA law cannot fall within the expungement exception to the Brady Act prohibition. That exception provides that firearms rights may be restored where a person has their rights restored pursuant to an expungement by the court. In CA, the expungement statute states on its face that it does NOT restore firearms rights. Instead, CA has an automatic 10 year prohibition and an automatic reinstatement. The Fed DOJ made that legal determination at least 5 years ago and their stated position was that they would stick to it until there are published Courts of Appeal decisions forcing them to change their interpretation. Thus, even though CA law would restore your rights automatically, you will still be prohibited by Federal law.

Glock-matic
03-24-2010, 2:53 PM
Wow. I did'nt know you lose your gun rights for a simple battery conviction.

You don't even have to commit a battery, just an misdemeanor assault charge will get you locked out in the State of CA.