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s4alex
04-06-2011, 9:07 PM
So, since me and my wife have been getting into shooting, her cousin wants to start with us. However, he got into an issue with his girlfriend back in 2000.

I told him that I didn't know if he would pass DROS or not, so he can do a record review request and also do a PFEC.

He did so a week ago and received the record but hasn't heard back with a response for the PFEC.

Here is what it shows on his record:

ARR/DET/CITE:
273.5 DISPO: RELEASED/DETENTION ONLY
236
422 DISPO: RELEASED/DETENTION ONLY

COURT:

CNT:01 236/237 DISPO: DISMISSED/FOJ/PLEA TO OTHER CHARGE
CNT:02 DISPO: CONVICTED STATUS: MISDEMEANOR
DISPO: CONDITION OF PROB-FIREARM RESTRICTION
COM : CNT 02 CHRG-242-242(E)

So, with PC273.5 and 422 he was charged but not convicted?
Was 236 dropped also?

So, does this show that he was only convicted of PC242/243?

He has already done his probation which was 3 years.

TRICKSTER
04-06-2011, 10:32 PM
If I'm reading this right it appears that he made a misdemeanor plea deal and plead guilty to 242 & 242(e) PC.

Here is DOJ's list of prohibiting misdemeanors.

LIST OF PROHIBITING MISDEMEANORS
Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of
conviction, but the duration of each prohibition may vary. All statutory references are to the California Penal Code, unless
otherwise indicated.
C Threatening public officers, employees, and school officials (§ 71.)
C Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the
threat (§ 76.)
C Intimidating witnesses or victims (§ 136.1.)
C Possessing a deadly weapon with the intent to intimidate a witness (§ 136.5.)
C Threatening witnesses, victims, or informants (§ 140.)
C Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (§ 148(d).)
C Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (§ 171(b).)
C Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (§ 171(c).)
C Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers (§ 171(d).)
C Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (§ 186.28.)
C Assault (§§ 240, 241.)
C Battery (§§ 242, 243.)
C Assault with a stun gun or taser weapon (§ 244.5.)
C Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (§ 245.)
C Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a
school employee engaged in performance of duties (§ 245.5 .)
C Discharging a firearm in a grossly negligent manner (§ 246.3.)
C Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (§ 247.)
C Inflicting corporal injury on a spouse or significant other (§ 273.5.)*
C Wilfully violating a domestic protective order (§ 273.6.)
C Drawing, exhibiting, or using deadly weapon other than a firearm (§ 417(a)(1) and (a)(2).)
C Inflicting serious bodily injury as a result of brandishing (§ 417.6.)
C Making threats to commit a crime which will result in death or great bodily injury to another person (§ 422.)
C Bringing into or possessing firearms upon or within public schools and grounds (§ 626.9.)
C Stalking (§ 646.9.)
C Armed criminal action (§ 12023.)
C Possessing a deadly weapon with intent to commit an assault (§ 12024.)
C Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully
and maliciously discharges a firearm from a motor vehicle (§ 12034(b) or (d).)
C Criminal possession of a firearm (§ 12040.)
C Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (§ 12072(b).)
C Various violations involving sales and transfers of firearms (§ 12072(g)(3).)
C Person or corporation who sells any concealable firearm to any minor (former § 12100(a).)
C Unauthorized possession/transportation of a machine gun (§ 12220.)
C Possession of ammunition designed to penetrate metal or armor (§ 12320.)
C Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (§ 12590.)
C Bringing firearm related contraband into juvenile hall (§ 871.5 WIC.)
C Bringing firearm related contraband into a youth authority institution (§ 1001.5 WIC.)
C Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or
by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim
(§ 8100 WIC.)
C Providing a firearm or deadly weapon to a person described in WIC 8100 or 8103 (§ 8101 WIC.)
C Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered
sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under
conservatorship (§ 8103 WIC.)

s4alex
04-06-2011, 11:05 PM
Since this happened in 2000, does this fall under the 10 year ban? Since this was an issue with his girl at the time is he screwed under Federal?

Or since he was only convicted of 242, does it count as a DV?

If I'm reading this right it appears that he made a misdemeanor plea deal and plead guilty to 242 & 242(e) PC.

Here is DOJ's list of prohibiting misdemeanors.

LIST OF PROHIBITING MISDEMEANORS
Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of
conviction, but the duration of each prohibition may vary. All statutory references are to the California Penal Code, unless
otherwise indicated.
C Threatening public officers, employees, and school officials (§ 71.)
C Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the
threat (§ 76.)
C Intimidating witnesses or victims (§ 136.1.)
C Possessing a deadly weapon with the intent to intimidate a witness (§ 136.5.)
C Threatening witnesses, victims, or informants (§ 140.)
C Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (§ 148(d).)
C Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (§ 171(b).)
C Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (§ 171(c).)
C Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers (§ 171(d).)
C Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (§ 186.28.)
C Assault (§§ 240, 241.)
C Battery (§§ 242, 243.)
C Assault with a stun gun or taser weapon (§ 244.5.)
C Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (§ 245.)
C Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a
school employee engaged in performance of duties (§ 245.5 .)
C Discharging a firearm in a grossly negligent manner (§ 246.3.)
C Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (§ 247.)
C Inflicting corporal injury on a spouse or significant other (§ 273.5.)*
C Wilfully violating a domestic protective order (§ 273.6.)
C Drawing, exhibiting, or using deadly weapon other than a firearm (§ 417(a)(1) and (a)(2).)
C Inflicting serious bodily injury as a result of brandishing (§ 417.6.)
C Making threats to commit a crime which will result in death or great bodily injury to another person (§ 422.)
C Bringing into or possessing firearms upon or within public schools and grounds (§ 626.9.)
C Stalking (§ 646.9.)
C Armed criminal action (§ 12023.)
C Possessing a deadly weapon with intent to commit an assault (§ 12024.)
C Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully
and maliciously discharges a firearm from a motor vehicle (§ 12034(b) or (d).)
C Criminal possession of a firearm (§ 12040.)
C Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (§ 12072(b).)
C Various violations involving sales and transfers of firearms (§ 12072(g)(3).)
C Person or corporation who sells any concealable firearm to any minor (former § 12100(a).)
C Unauthorized possession/transportation of a machine gun (§ 12220.)
C Possession of ammunition designed to penetrate metal or armor (§ 12320.)
C Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (§ 12590.)
C Bringing firearm related contraband into juvenile hall (§ 871.5 WIC.)
C Bringing firearm related contraband into a youth authority institution (§ 1001.5 WIC.)
C Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or
by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim
(§ 8100 WIC.)
C Providing a firearm or deadly weapon to a person described in WIC 8100 or 8103 (§ 8101 WIC.)
C Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered
sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under
conservatorship (§ 8103 WIC.)

Falconis
04-06-2011, 11:07 PM
So, since me and my wife have been getting into shooting, her cousin wants to start with us. However, he got into an issue with his girlfriend back in 2000.

I told him that I didn't know if he would pass DROS or not, so he can do a record review request and also do a PFEC.

He did so a week ago and received the record but hasn't heard back with a response for the PFEC.

Here is what it shows on his record:

ARR/DET/CITE:
273.5 DISPO: RELEASED/DETENTION ONLY
236
422 DISPO: RELEASED/DETENTION ONLY

COURT:

CNT:01 236/237 DISPO: DISMISSED/FOJ/PLEA TO OTHER CHARGE
CNT:02 DISPO: CONVICTED STATUS: MISDEMEANOR
DISPO: CONDITION OF PROB-FIREARM RESTRICTION COM : CNT 02 CHRG-242-242(E)

So, with PC273.5 and 422 he was charged but not convicted?
Was 236 dropped also?

So, does this show that he was only convicted of PC242/243?

He has already done his probation which was 3 years.

He has a condition of probation restricting him to firearms and since it was DV related, I'm almost certain (99.9 percent) it's a lifetime ban.

jtmkinsd
04-06-2011, 11:23 PM
He's screwed...he is certainly banned for no less than ten years. Pending litigation challenging Lautenberg, he may be banned for life.

s4alex
04-07-2011, 11:23 AM
Doing more digging, we understand the 10year ban in CA.

As for the lifetime ban for Federal, would it matter if this was not a live in GF. It was just a girl that he was dating. They even lived in 2 different cities. (Bay Area - San Diego). Was looking up the Federal definition of "Intimate Partner" and it was only limited to (ex)spouse / (ex)fiance / no kids/ does(did) not live together? Would they still see this with his current record still classify as Federal DV?

He is wants to go ahead and fill out a DROS, but I told him to wait for his PFEC to come back so that we dont waste our time.

jtmkinsd
04-07-2011, 4:00 PM
Doing more digging, we understand the 10year ban in CA.

As for the lifetime ban for Federal, would it matter if this was not a live in GF. It was just a girl that he was dating. They even lived in 2 different cities. (Bay Area - San Diego). Was looking up the Federal definition of "Intimate Partner" and it was only limited to (ex)spouse / (ex)fiance / no kids/ does(did) not live together? Would they still see this with his current record still classify as Federal DV?

He is wants to go ahead and fill out a DROS, but I told him to wait for his PFEC to come back so that we dont waste our time.

You're on the right track. Wait for the PFEC before taking any other steps. When it comes back, he'll have an idea of what to do next.

Problem is the charge has a DV tag...live in or not, the DV tag is all they see.

Ron-Solo
04-07-2011, 7:16 PM
He pled to a misdemeanor DV charge in lieu of the felony which was dismissed. He will fall under the federal lifetime ban. Sorry.

SVT-40
04-07-2011, 7:20 PM
here is the text of 243 (e) of the penal code.

(e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiancé, or fiancée, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the execution
or imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer's treatment program, as
defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However, this
provision shall not be construed as requiring a city, a county, or a
city and county to provide a new program or higher level of service
as contemplated by Section 6 of Article XIII B of the California
Constitution.


DV related so probably a lifetime ban.

taperxz
04-07-2011, 7:31 PM
http://i1114.photobucket.com/albums/k528/GaiaAzrael1986/haldir2.jpg

jtmkinsd
04-07-2011, 7:56 PM
The row he has to plow is long...and in the end, may bear no fruit. But all hope is not lost. When he has satisfied the ten year ban, I would get a good gun rights attorney to look into expungement and other alternatives. There is new litigation filed RE: Misdemeanor convictions for DV and the lifetime ban.

See here: http://www.calguns.net/calgunforum/showthread.php?t=417935