PDA

View Full Version : Felony conviction restrictions


Desert Dude
05-05-2010, 10:37 AM
I'm not having much luck on other forums finding an answer.

The son of a friend of mine is facing a felony conviction. There is a possibility that it can be reduced to a misdomeanor. I think he should opt for the reduction.

My questions is.....

What are the restrictions facing a convicted felon in California?

Thank you in advance

winnre
05-05-2010, 10:42 AM
If he goes to jail it really sucks. If he gets probation:

No guns.
No jury duty.
Can't be a cop.
Not gonna be a lawyer or other job that requires a professional license, not for a while at least.
Tough time getting work in the field related to the crime (bank robbers cannot work in banks, drug dealers cannot work in a pharmacy, etc).
Stigma.
And more.

Of course opt for the reduction!

Arondos
05-05-2010, 10:47 AM
Taken from http://www.ag.ca.gov/firearms/pubfaqs.php#6

What are the restrictions on firearms possession?

Any person who has a conviction for any misdemeanor listed in Penal Code section 12021(c)(1) or for any felony, or is addicted to the use of any narcotic drug, or has been held involuntarily as a danger to self or others pursuant to Welfare and Institutions Code Section 8103 is prohibited from buying, owning, or possessing firearms. Various other prohibitions exist for mental conditions, domestic restraining/protective orders, conditions of probation, and offenses committed as a juvenile.

PC Sections 12021 and 12021.1, Welfare and Institutions Code Sections 8100 - 8103)

Desert Dude
05-05-2010, 10:57 AM
Thank you.

How about voting?

And while on probation after getting out, guns in the house (not his guns)?

Thanks again.

winnre
05-05-2010, 11:21 AM
Voting? In CA I believe you can if you are not incarcerated. But you do NOT lose the right for life like you would in Florida.

No CONTROL of guns so maybe yes but they'd have to be locked up. Someone else can give you a better answer.

ohsmily
05-05-2010, 11:34 AM
These are the types of question she should ask his attorney.

ke6guj
05-05-2010, 11:34 AM
And while on probation after getting out, guns in the house (not his guns)?

Thanks again.
a lot of it has to deal with what his parole officer will allow.

Two brothers that lived together are friends of mine. They had had large gun collections that took up multiple safes to store everything. One brother had a girlfriend that was convicted of a felony.

When it was time for her release from prison, they asked if it was allowable for the guns to be stored in the brother's room that she was not dating, when she moved back into the house. The safes would be locked, and kept in a room that would be locked as well. The PO said possibly, but she would need to see how it was stored. So, the PO came over for the pre-release inspection, she had them open the safes and her eyes went :eek: when she saw tons of handguns and black rifles, ARs, AKs, HKs, tactical shotguns, "sniper" rifles, etc. NO WAY could she stay there with all that hardware. Maybe if it was one or two locked up, but not an arsenal.

We had to move all those guns over to her parents' house. Filled the entire trunk of a Volvo with the guns layed out and covered with a blanket and then another layer of guns and blanket. We stored them in the same safes in the garage, and she routinely visited her parents, and it was ok for her to be in the same house as the guns when she visited, but she couldn't live in the house with the guns.:confused:

Ron-Solo
05-05-2010, 11:38 AM
If he gets felony probation, his probation officer can restrict it to no guns in the house, period. I have a friend in this situation when his son had to move back home and is still on probation. His gun safe is not in my garage and I don't have access to avoid issues of 'loaning' or illegal transfers. (I could use some extra storage space though. :) )

Conditions of probation can be very restrictive, and violations can result in a trip to State Prison, not just the local county jail.

TabooAR
05-05-2010, 11:42 AM
Would you want to be the PO that had to enter that house to take her back into custody for a violation? I would venture that most POs are going to have an issue with firearms in the residence.

Make sure you look in Penal Code section 12021(c)(1) to see if his crime is listed there. If he can cop a plea to something not listed in Penal Code section 12021(c)(1) he probably should - IF he's guilty.

glockman19
05-05-2010, 1:09 PM
There are many violent misdemenors that will also result in a restriction of 2A rights.

Be careful what you plea to.

bwiese
05-05-2010, 1:21 PM
Conditions of probation can be very restrictive, and violations can result in a trip to State Prison, not just the local county jail.

That's why many incarcerees increasingly WANT to serve out their time so they're not on a bouncing rope tied to a parole agent.

Desert Dude
05-05-2010, 2:03 PM
Thanks to everyone who responded. Sure do appreciate it.

scootergmc
05-05-2010, 6:12 PM
That's why many incarcerees increasingly WANT to serve out their time so they're not on a bouncing rope tied to a parole agent.

The reason many inmates now want to serve out their sentences was the modification to the credits formulas which took effect 1/25/10.

gtturborex
05-06-2010, 6:05 AM
Make sure you look in Penal Code section 12021(c)(1) to see if his crime is listed there. If he can cop a plea to something not listed in Penal Code section 12021(c)(1) he probably should - IF he's guilty.

I tried to read this PC but am having a hard time understanding it. Where can I get a list of actual crimes that would remove your 2A rights? All I see is a bunch of numbers???

(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422,
626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section
12034, Section 12040, subdivision (b) of Section 12072, subdivision
(a) of former Section 12100, Section 12220, 12320, or 12590, or
Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, or of the conduct punished in
paragraph (3) of subdivision (g) of Section 12072, and who, within 10
years of the conviction, owns, purchases, receives, or has in his or
her possession or under his or her custody or control, any firearm
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms prescribed by
the Department of Justice, shall notify the department of persons
subject to this subdivision. However, the prohibition in this
paragraph may be reduced, eliminated, or conditioned as provided in
paragraph (2) or (3).