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omgwtfbbq
04-02-2011, 9:35 PM
I work with a man who is was convicted over 30 years ago for Felony DUI and subsequently lost his right to own or purchase firearms. He was once an avid sportsman, hunter, and marksman but cannot longer enjoy these past times. He also hasn't had a drop of alcohol in over 20 years and would really like to find a way to regain his 2nd amendment rights.

I know it's possible for non violent felons. I happen to have known a go who did time for Felony Grand Theft Auto and regained his right to keep and buy firearms. My question is if anyone knows how someone would go about doing so? I told my coworker I would at least look into it for him. Thanks in advance for any information.

Cokebottle
04-02-2011, 10:07 PM
He needs a good gun attorney like Don Kilmer or Jason Davis.
First, the charge must be reduced to a misdemeanor with petition to restore gun rights.
After that, he may wish to have it expunged, but for a 30 year old DUI it's not that big of a deal. Mine was 20 years ago and it has had no impact on my life other than I would probably not be allowed to travel to Canada.

omgwtfbbq
04-02-2011, 11:51 PM
He needs a good gun attorney like Don Kilmer or Jason Davis.
First, the charge must be reduced to a misdemeanor with petition to restore gun rights.
After that, he may wish to have it expunged, but for a 30 year old DUI it's not that big of a deal. Mine was 20 years ago and it has had no impact on my life other than I would probably not be allowed to travel to Canada.

Hmm. That could be problematic. He's just a grocery clerk at a supermarket, we have decent pay but not enough to get involve in a protracted legal endeavor. Thank you for the information though.

Falconis
04-03-2011, 12:33 AM
Can a Felony DUI be classified as non violent since in order for a DUI (to my knowledge) to be classified as a felony, someone had to get hurt while he was DUI.

I get the violence was without malice aforethought.

wellerjohn
04-03-2011, 6:23 AM
If he went to STATE PRISON he's out of luck, if he did his time in the county jail then it would be possible. Contact an attorney if the latter applies.

BiggSean
04-03-2011, 6:56 AM
Hmm. That could be problematic. He's just a grocery clerk at a supermarket, we have decent pay but not enough to get involve in a protracted legal endeavor. Thank you for the information though.

Here's the official california court web site with some self-help information related to expunging/dismissing a felony:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

Obviously it would be greatly beneficial to have an attorney perform these tasks on his behalf, but if he can't afford it this appears to be the procedure he would have to follow.

Cokebottle
04-03-2011, 8:13 AM
Here's the official california court web site with some self-help information related to expunging/dismissing a felony:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

Obviously it would be greatly beneficial to have an attorney perform these tasks on his behalf, but if he can't afford it this appears to be the procedure he would have to follow.
This is not something to do yourself.

Simply expunging the felony will not restore gun rights, and once that is done, it can't be undone.

It must first be reduced to a misdemeanor with restoration of gun rights.

OCArmory
04-03-2011, 7:27 PM
This is not legal advise:
Have him look up a 17b motion. It is what can reduce a felony to a misdemeanor. After that he might be able to file a 1203.4 motion to have the conviction set aside. There are things that would preclude you from filing a 17b motion so he should research those.
Mike