PDA

View Full Version : My friend got their Certificate of Rehabiltation


Ripper
06-18-2010, 6:28 PM
A friend of my got their CERTIFICATE OF REHABILITATION Today. It took 7to8 months to do. So that means that it will go to the Governor for a Pardon next. Our question is what rights were restored with this certificate of rehab. and does he get his gun rights back now or does he have to wait for the Pardon to go through? Can he shoot a gun or be around them now? Please any info will help, he does not want to get into trouble he has worked hard to get the CERT OF REHAB. We were reading the penal codes and just get confused. On the certificate of Rehabilitation at the bottom it says ( It is ordered,Adjudged and Decreed, And this court hereby ordered,adjudge and decree the petitioner has been rehabilitated and is fit to exercise all the civil and political rights of citizenship(except as provide in Penal Code Section 4852.15} and by the vertue thereof, this Court recommends that the Governor of the State of California grant a full pardon to said Petitioner) We looked up Penal code Section 4852.17 and it made no sense to us. So any body here can help us out? Thanks:)

Shotgun Man
06-18-2010, 6:37 PM
A friend of my got their CERTIFICATE OF REHABILITATION Today. It took 7to8 months to do. So that means that it will go to the Governor for a Pardon next.

Our question is what rights were restored with this certificate of rehab. and does he get his gun rights back now or does he have to wait for the Pardon to go through? Can he shoot a gun or be around them now?

Please any info will help, he does not want to get into trouble he has worked hard to get the CERT OF REHAB. We were reading the penal codes and just get confused.

On the certificate of Rehabilitation at the bottom it says ( It is ordered,Adjudged and Decreed, And this court hereby ordered,adjudge and decree the petitioner has been rehabilitated and is fit to exercise all the civil and political rights of citizenship(except as provide in Penal Code Section 4852.15} and by the vertue thereof, this Court recommends that the Governor of the State of California grant a full pardon to said Petitioner)

We looked up Penal code Section 4852.17 and it made no sense to us. So any body here can help us out? Thanks:)

I broke your paragraph up to make it more readable:)

The bottom line, as far as I know, it depends on what your friend is convicted of.

If it is a wobbler, get it reduced by 17b and you're good to go (with a couple caveats). If it is not a wobbler, the only way to restore your firearms rights is a pardon. It sounds like your friend is seeking a pardon.

Here is a good article (http://www.calgunlaws.com/index.php/topic-summaries/530.html) on the subject. Click on the pdf to avoid reading the lamely formatted web rendering.

Ripper
06-18-2010, 6:45 PM
It was not a Wobbler Felony, so he had to go with the Certificate of rehab and a Pardon. So what you are saying is the Gun Rights are not restored until the Pardon goes Through, Correct? :confused:

Shotgun Man
06-18-2010, 6:47 PM
It was not a Wobbler Felony, so he had to go with the Certificate of rehab and a Pardon. So what you are saying is the Gun Rights are not restored until the Pardon goes Through, Correct? :confused:


Yes, that's my opinion, but it is based primarily on the article I linked which is published by a Calguns sponser-- the law firm of Chuck Michel.

jimmyballpeen
07-06-2010, 10:19 PM
Gun rights are NOT restored... A pardon from the Govenor is the only way to get your gun rights restored. Hope your not in a hurry waiting for the paperwork to push through. I know somebody that has been waiting 18 months for a yay or nay. That cert of rehab is just the first step of a long road ahead. Good luck to your friend....

IGOTDIRT4U
07-07-2010, 11:30 AM
Here's the code referenced:

4852.17. Whenever a person is issued a certificate of
rehabilitation or granted a pardon from the Governor under this
chapter, the fact shall be immediately reported to the Department of
Justice by the court, Governor, officer, or governmental agency by
whose official action the certificate is issued or the pardon
granted. The Department of Justice shall immediately record the facts
so reported on the former criminal record of the person, and
transmit those facts to the Federal Bureau of Investigation at
Washington, D.C. When the criminal record is thereafter reported by
the department, it shall also report the fact that the person has
received a certificate of rehabilitation, or pardon, or both.
Whenever a person is granted a full and unconditional pardon by
the Governor, based upon a certificate of rehabilitation, the pardon
shall entitle the person to exercise thereafter all civil and
political rights of citizenship, including but not limited to: (1)
the right to vote; (2) the right to own, possess, and keep any type
of firearm that may lawfully be owned and possessed by other
citizens; except that this right shall not be restored, and Sections
12001 and 12021 shall apply, if the person was ever convicted of a
felony involving the use of a dangerous weapon.



He'll need the full pardon along with the Certificate, absent the exception noted in the last line.