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Ripper
06-20-2010, 9:55 PM
I posted earlier in the week, that a friend of mine had recieved their Certificate of Rehabilitation last week. When will he get his firearm Rights restored? Does he have to wait for the Pardon to go through? What rights did he get back with the Certificate of Rehabilitation? Can he shoot a gun but not own one? Can he have a knife? Pepper spray? We just need to know what he can and can do. Please any info will help. Thanks;)

Lone_Gunman
06-20-2010, 10:21 PM
I think I remember that thread. It was in the general gun discussion forum right? You should copy the original post from that thread into this one. You will get more of a response in this section.

wellerjohn
06-21-2010, 3:41 AM
I would think your friend is a rehabilitated "FELON" and can not posses firearms, without a pardon from the governor.

JSilvoso
06-21-2010, 1:42 PM
I posted earlier in the week, that a friend of mine had recieved their Certificate of Rehabilitation last week. When will he get his firearm Rights restored? Does he have to wait for the Pardon to go through? What rights did he get back with the Certificate of Rehabilitation? Can he shoot a gun but not own one? Can he have a knife? Pepper spray? We just need to know what he can and can do. Please any info will help. Thanks;)

A Certificate of Rehabilitation does nothing to restore firearm rights. Also keep in mind that a firearm restriction also prohibits a person from possessing ammunition, clips, magazines, and speed loaders (see PC 12316) I imagine that, in obtaining a Certificate of Rehab., he received a felony conviction and the conviction could not be reduced to a misdemeanor. If my assumption is right, the only thing that he can do to restore his firearm rights is receive a full pardon. (See PC 4853. If the offense involved a dangerous weapon the person cannot have his firearm rights restored even with a pardon; See PC 4854). I wish him luck with that. To my knowledge Arnold has issued three pardons; though with the election coming up I hope/expect him to be granting more soon.

A felon cannot possess, own, receive, etc. firearms (see 12021 for the full list). That means he can't hold a firearm, have one in his car; and he cannot keep one at home.

There is no restriction on knives for convicted felons (with the exception of "dangerous weapons" terms of probation and since you are saying he received a Cert. of Rehab. probation should be long over).

Pepper spray falls under the definition of "tear gas weapons" in California (See PC 12401 and12402). Felons cannot possess "tear gas weapons." See PC 12403.7(a).


Sorry, the Certificate of Rehabilitation really does nothing to restore firearm rights

winnre
06-21-2010, 3:09 PM
Apparently the pardon is needed next, and it should be put on th governor's desk automatically.

http://www.1800duilaws.com/common/rehabilitation_pardon.asp

Certificates of Rehabilitation are first sought from the trial court. If a certificate issues, the trial court recommends that the governor grant a pardon. The governor has discretion to grant or deny a pardon. The pardon may be granted without further investigation, except that a person twice convicted of felonies must also have the recommendation of a majority of the supreme court.

A Certificate of Rehabilitation is a court order, which declares that a person who has been convicted of a felony is rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the granting court and constitutes an application for a pardon.

Ripper
06-21-2010, 5:13 PM
Thanks everyone for the info. I will let him know. He has waited this long so , more time does not matter. Hopefuly Arnold will grant it soon. Thanks again:cool2: