Restore Gun Rights for a Felon in CA

[edog11]

Hello

I have a friend with a non violet felony conviction on his record. He was convicted of possession of stole property about 13 years ago.
He used his drivers license to pawn stolen jewelry or some acquired so called friends that clamed to have forgotten their identification. He had no idea he was committing a crime , but it doesnt matter now.
He hasnt committed any crime or even had a traffic violation since his conviction. Is it possible to have his rights to own firearms restored.
What is the process ? I have been searching online and came across "Certificate of Rehabilitation" might work for him.
Thanks for your time

[edog11]

possession of stole property

[Stanze]

Time machine or presidential pardon.

Plan B, Airsoft.

[mow]

It is possible to get a felony expunged (sp?) he needs a lawyer.

[edog11]

He lives in the Ukiah,CA can anyone recommend a lawyer in that area ? Are there lawyers that specialize in this type of case? Thanks for all the help guys I just want to get my friend pointed in the right direction. He made a stupid mistake years ago and pled guilty on the advice of the Public Defender and did think of the consequences of having a felony on his record would have later.

[Can'thavenuthingood]

Here's a quick reference for Restoration of Rights.
http://www.cya.ca.gov/divisionsboards/boph/docs/restoration_of_rights_reference.pdf

This Felon stuff needs to be addressed on a national level. There seems to be a tendancy towards making everything a Felony offense. Like in this case, once an individual has seen the light, been rehabilitated or just plain "grew up", the Felony ought not be a hindrance to good citizenship. All rights should be restored.

Vick

[AJAX22]

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

check out this website, It should have the info you need.

FYI, I'm not a felon, but I have a buddy who got busted for selling some pot back in the 80's, which Is why I knew about the site. He's working on getting his right to vote back.

[paradox]

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

check out this website, It should have the info you need.

FYI, I'm not a felon, but I have a buddy who got busted for selling some pot back in the 80's, which Is why I knew about the site. He's working on getting his right to vote back.

Not saying your buddy shouldn't get his record cleaned (I'd recommend anyone trying), but if your buddy lives in California, he can vote. In California only those in prison (not jail) or on parole for a felony (not probation) are denied the right to vote. Felons who have served their time or are only on probation are able to vote.

[hoffmang]

Since your friend has a felony, I would second that he should have an attorney perform the Expungement/Dismissal work. If it was just a misdemeanor, doing it on your own would work.

-Gene

[Nefarious]

have him fill out the COE and see what happens
http://ag.ca.gov/firearms/forms/pdf/coeapp.pdf

My buddy was convicted of Burgulary, Grand Theft, and Fraudulent use of a credit card about 7 years ago - Felony counts. The charges were reduced after probation, and he had his record masked/expunged. He is still able to buy firearms. He did fill out the COE form first, before he went out and actually tried to purchase at a gunshop

[Can'thavenuthingood]

have him fill out the COE and see what happens

I like that, I think thats a good idea. It may preclude any future problems from developing regarding DOJ actions at time of purchase. Cheap insurance and assurance that all has been taken care of or identify what needs to be taken care of.

Vick

[hoffmang]

The COE is one of those rare procedures in California that is actually pretty fair.

-Gene

[faterikcartman]

This thread got me thinking... I've got a friend who has a federal felony (tax evasion) -- what are the rules for federal crimes?

[edog11]

If he fills out the COE and it is approved he is good to buy firearms and if its rejected he wont face any criminal charges for checking COE . Is that correct.

[edwardm]

Let me try. You're getting some information that I don't think is going to be too helpful.

First, direct him to this page:

http://www.calgunlaws.com/topic-25.html

He will need to:

1) Obtain a copy of his California Criminal History from the California
Department of Justice. This costs a few dollars, and can take a few
months to get the results. He will need to get fingerprinted and use
BCII form 8705.

http://ag.ca.gov/fingerprints/security.php

2) Take that criminal history to a lawyer, and specifically inquire about
a reduction of the felony to a misdemeanor pursuant to
California Penal Code Section 17(b)(3). The attorney will determine
if the prohibiting offense qualifies for this type of reduction. If so,
then there is a chance to 'fix' this. If not, then he will have to
seek a pardon from the governor. Those are not easy to obtain.

3) If the offense can be reduced, the attorney will file a motion for
reduction, usually in the sentencing court. There will be at least
one hearing, possibly more, and then the judge will make a
determination and render a decision. If reduced, the disposition
is sent to the California Department of Justice and his Criminal
History is updated. If he then goes to buy a firearm, when the
DROS is done, CalDOJ firearms folks will pull his record, see the
offense and the reduction, and barring any other prohibitions (Federal,
restraining orders, etc.) and allow the purchase to proceed.

4) A COE - certificate of eligibility is a waste of time. What he would
want to use is called a PFEC - Personal Firearms Eligibility Check.

http://ag.ca.gov/firearms/pubfaqs.php (search for 'PFEC')

But if he knows how has a prohibiting offense, then the PFEC is a waste
of time as well.

A good attorney shouldn't charge more than $800-$1200 for this type of work. It's a simple filing, requires very little, if any, oral argument, and only 1 or 2 appearances, usually. Suggest that your friend contact the local county bar association where he lives (Mendocino county?) and get a referral to a criminal attorney. Make sure the attorney has done PC17 reductions before. If not, move on until he finds someone with that knowledge. Presentation is everything with these motions.

Good luck.








Hello

I have a friend with a non violet felony conviction on his record. He was convicted of possession of stole property about 13 years ago.
He used his drivers license to pawn stolen jewelry or some acquired so called friends that clamed to have forgotten their identification. He had no idea he was committing a crime , but it doesnt matter now.
He hasnt committed any crime or even had a traffic violation since his conviction. Is it possible to have his rights to own firearms restored.
What is the process ? I have been searching online and came across "Certificate of Rehabilitation" might work for him.
Thanks for your time

[Can'thavenuthingood]

I knew if we flailed around with this thing long enough someone with expertise would shake their head and post some corrections.

Never heard of the Personal Firearms Eligibility Check. I'm filing this for future use.

Thanks edwardm,

Vick

[sniper_jay]

receiving/possession of stolen property is a specific-intent crime. you can't be convicted of a felony without having satisfied all elements of such specific intent crime. his knowledge of the circumstances and intentions must've been pretty obvious otherwise he would not have copped out to a felony. i'm a big supporter of laws prohibiting convicted felons from owning firearms. if he wasn't responsible enough to stay out of trouble as an adult, he shouldn't own a firearm. i don't care what "so called friends" claim about not having ID's while trying to pawn jewelry (warning bell should've been loud and clear at that point), I would never get myself involved with pawning jewelry unless I knew exactly to whom the jewelry belonged. none violent felony?? i don't think so. such property crimes as burglaries and thefts can just as easily escalate to robberies when confronted by the victims. i would rather give more slack to idiots convicted of "violent crimes" as aggravated assaults or ADW's that happen as a result of "heat of the moment" type fights. at least these are provoked incidents..

[jaymz]

Throw away all of the advice in this thread EXCEPT for the C.O.E. If he's eligible, nothing else matters. If not, come back and re-read this thread!

[five.five-six]

Not saying your buddy shouldn't get his record cleaned (I'd recommend anyone trying), but if your buddy lives in California, he can vote. In California only those in prison (not jail) or on parole for a felony (not probation) are denied the right to vote. Felons who have served their time or are only on probation are able to vote.

Vote shmote! Illegal aliens vote absentee from Mexico in this state

[Nefarious]

have him fill out the COE and see what happens
http://ag.ca.gov/firearms/forms/pdf/coeapp.pdf

My buddy was convicted of Burgulary, Grand Theft, and Fraudulent use of a credit card about 7 years ago - Felony counts. The charges were reduced after probation, and he had his record masked/expunged. He is still able to buy firearms. He did fill out the COE form first, before he went out and actually tried to purchase at a gunshop

OOPS!!

After reading one of the above posts, I checked the link I provided you and gave you the wrong one. You dont want to fill out the COE.. its the PFECA that hes gong to want to use - this the the one my buddy used, I know becuase I printed it out for him, and took him to have it notarized.

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

Your friend is not going to get in trouble for filling this out.

If he passes this check, hes good to go. If not.. then he has a little work ahead of him. Haveing his records sealed/expunged is a place to start. You obviously would need an attorney for this. As a previous posted stated... they should not charge too much for this. So if you get some guy asking for 2,000+ ... its time to look around.

[paradox]

Vote shmote! Illegal aliens vote absentee from Mexico in this state

Do you have any evidence of this or is the paranoia of "the other" finally causing delusions?

I’m sure county directors of elections or the Secretary of State would be interested in prosecuting voter fraud if you could supply them with anything other than a size=5 declaration on an internet message board. Hell, Ann Coulter’s case got turned over to the prosecutor and all she did was knowingly vote in the wrong precinct. http://www.foxnews.com/story/0,2933,226838,00.html

[stator]

COE is California state; what about the federal requirements?

[bwiese]

He needs full rights restored - I think it's called a 17(b) filing.

[edwardm]

receiving/possession of stolen property is a specific-intent crime. you can't be convicted of a felony without having satisfied all elements of such specific intent crime. his knowledge of the circumstances and intentions must've been pretty obvious otherwise he would not have copped out to a felony. i'm a big supporter of laws prohibiting convicted felons from owning firearms. if he wasn't responsible enough to stay out of trouble as an adult, he shouldn't own a firearm. i don't care what "so called friends" claim about not having ID's while trying to pawn jewelry (warning bell should've been loud and clear at that point), I would never get myself involved with pawning jewelry unless I knew exactly to whom the jewelry belonged. none violent felony?? i don't think so. such property crimes as burglaries and thefts can just as easily escalate to robberies when confronted by the victims. i would rather give more slack to idiots convicted of "violent crimes" as aggravated assaults or ADW's that happen as a result of "heat of the moment" type fights. at least these are provoked incidents..

If you ever did anything stupid as a kid or a young man, then sit down and be quiet. If you never, ever, ever did anything stupid or questionable or had a lapse of judgement or succumbed to peer pressure, then please, step back onto your podium and continue hurling rocks and this guy.

-ed

[schizrade2]

If you ever did anything stupid as a kid or a young man, then sit down and be quiet. If you never, ever, ever did anything stupid or questionable or had a lapse of judgement or succumbed to peer pressure, then please, step back onto your podium and continue hurling rocks and this guy.

-ed

Seriously, nobody is perfect all of the time. We all make mistakes, some big, some small. What we do after those mistakes is what is important.

[sniper_jay]

i've never knowingly committed any felonious acts in my life and i never will.
However, i have been robbed at gun point twice in my life. my mother had been beaten by a guy who wanted my mom's purse. my uncle and aunt were beaten half to death by three guys who had broken into their house in the middle of the night. i don't have a lotta sympathy for people making "mistakes" or having "lapse of judgement" to the level of felony. non violent property crime my *****. if the guy was really innocent because he was too stupid to realize what was going on, then i don't trust him with a gun. the conviction must've taken place while he was an adult as juvenile record would have no bearing on his ability to purchase guns as an adult. if you're an adult, you should've been a little more responsible. pawning stolen jewelry sounds innocent enough but what did he, or his buddies who conveniently forgot their id's, do to get the jewelry in the first place?

[grammaton76]

I've got a friend who got his felony expunged - HOWEVER, the judge went and snuck in some wording saying that he can't own any weapons which can be concealed upon the person.

The big question is:

1. Does that hold any standing (I assume it probably does, as a judge wrote it)

2. Is that Reseda's idea of concealed, or would anything smaller than a long arm qualify? Right now he's only playing with long guns, to be safe...

[edwardm]

I've got a friend who got his felony expunged - HOWEVER, the judge went and snuck in some wording saying that he can't own any weapons which can be concealed upon the person.

The big question is:

1. Does that hold any standing (I assume it probably does, as a judge wrote it)

2. Is that Reseda's idea of concealed, or would anything smaller than a long arm qualify? Right now he's only playing with long guns, to be safe...

That smells more like a 1203.4 than a 17(b) (the old 1203.4 language referred to a firearm capable of being concealed upon the person). And judges make mistakes. He may have thought hte 17(b) law was the 1203.4 law and vice versa. The only way to know is to get a copy of the criminal history and see for sure.

[grammaton76]

That smells more like a 1203.4 than a 17(b) (the old 1203.4 language referred to a firearm capable of being concealed upon the person). And judges make mistakes. He may have thought hte 17(b) law was the 1203.4 law and vice versa. The only way to know is to get a copy of the criminal history and see for sure.

I can probably get him to bring it by in a few days. The whole thing happened like 7 or so years ago.

So, is there a primer anywhere on the differences between 1203.4 and 17(b)? Did 17(b) supersede and render irrelevant 1203.4?

[Can'thavenuthingood]

So, is there a primer anywhere on the differences between 1203.4 and 17(b)? Did 17(b) supersede and render irrelevant 1203.4?

This would be a good one for the gunwiki

Vick

[David002]

i've never knowingly committed any felonious acts in my life and i never will.
However, i have been robbed at gun point twice in my life. my mother had been beaten by a guy who wanted my mom's purse. my uncle and aunt were beaten half to death by three guys who had broken into their house in the middle of the night. i don't have a lotta sympathy for people making "mistakes" or having "lapse of judgement" to the level of felony. non violent property crime my *****. if the guy was really innocent because he was too stupid to realize what was going on, then i don't trust him with a gun. the conviction must've taken place while he was an adult as juvenile record would have no bearing on his ability to purchase guns as an adult. if you're an adult, you should've been a little more responsible. pawning stolen jewelry sounds innocent enough but what did he, or his buddies who conveniently forgot their id's, do to get the jewelry in the first place?

so if somebody is charged with a felony as a juvenile, when they turn 18/21, they can legally purchase a rifle/handgun?

[Nefarious]

so if somebody is charged with a felony as a juvenile, when they turn 18/21, they can legally purchase a rifle/handgun?

Have them fill out this form to find out
http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

[edwardm]

So, is there a primer anywhere on the differences between 1203.4 and 17(b)? Did 17(b) supersede and render irrelevant 1203.4?

This would be a good one for the gunwiki

Vick

They don't supercede and both co-exist for different purposes.

1203.4 is used as an "expungement" tool. Except in a few limited circumstances, if you have a felony conviction and meet the statutory requirements of 1203.4, you can file the motion, get an expungement, and then legally answer "NO" to the "Have you ever been convicted of a felony" question on job applications. It does NOT restore firearms rights.

17(b) is used to reduce a felony to a misdemeanor if the offense is what we call an alternate felony-misdemeanor, aka a "wobbler". Wobblers are offenses which may be charged, at the discretion of the DA, as either a felony (State prison, fines) or misdemeanor (county jail, fines). Even if the DA charges it as a felony, the court may reduce it to a misdemeanor at the time of a plea, and make it a misdemeanor for "all purposes".

However, in 1963 or so, the legislature revised PC17 and allowed the court to go back in time, after probation (and not serving any prison time) for a wobbler charged as a felony, and reduce that felony to a misdemeanor. Again, for "all purposes."

The way it looks in the eyes of CalDOJ is that if you pull a criminal rap sheet and you have a single wobbler felony, the sheet will usually show:

1) The arrest + arresting agency, date and charge

2) The final disposition at sentencing, i.e. the penal code section you plead
guilty to or were found guilty of violating, the punishment, and that it
was a felony.

3) The entry of a PC17 order for that particular offense, the date of
entry and the court of entry.

So, assuming this new 'misdemeanor' no longer blocks your right to own a gun (either at the Federal 18 USC 922(g) level or someplace within Cal Penal Code Sec. 12000 et seq), CalDOJ looks at it and goes "Well, it's a misdemeanor for all purposes, sell him the gun."

If necessary, I can cite supporting CA caselaw for anyone curious or in doubt.

[five.five-six]

Do you have any evidence of this or is the paranoia of "the other" finally causing delusions?

I’m sure county directors of elections or the Secretary of State would be interested in prosecuting voter fraud if you could supply them with anything other than a size=5 declaration on an internet message board. Hell, Ann Coulter’s case got turned over to the prosecutor and all she did was knowingly vote in the wrong precinct. http://www.foxnews.com/story/0,2933,226838,00.html


you are kidding... right?

[paradox]

you are kidding... right?

Nope, I take voter fraud and vote fraud very seriously. If you’ve got any evidence of voter fraud in our back yard, publish it and we’ll get those mofos. That’s what they did to Ann. But instead of putting a size=5 unsubstantiated claim on an internet message board, they posted scans of Ann’s voter registration form, property tax statements and affidavits of poll workers on an internet forum. That is what evidence means. Either supply some evidence or keep your paranoia of brown people to yourself. At the very least we should move this discussion into another thread and stop crapping on this one.

[five.five-six]

ok... you got me i am to bussy working and paying taxes to track down illegal alians voteing...

just a couple points

err... you have not spent a whole lot of time in mexico, it is prety racist to call all illegal alians brown, there are many blond haired blue eyed native mexicans


a voter registration card and a matricular consular picture id are all that are needed for proof of U.S. citizenship at the boarder and citizinship is NEVER checked when voters register

so let me ask you mr I need proof, why did Loretta Brixey (Sanchez) and larry (nativo) lopez go berzerk and demand a retraction when they read this?


You are receiving this letter because you have recently registered to vote. If you are a U.S. Citizen, I urge you to participate in the democratic process of voting.

Be advised that if your residence in the United States is illegal or if you are an emigrant, voting in a federal election is a crime that can result in incarceration, and possible deportation for voting without the right to do so.

In the same way, be advised that the U.S. government is installing a new computerized system to verify names of all the newly registered voters who participate in the elections in October and November. Organizations against immigration will be able to request information from this new computerized system.

Not like in Mexico, here there is no benefit to voting. In the United States there is no registration card to vote. Therefore, it is useless and dangerous to vote in any election if you are not a citizen of the United States.

Do not pay attention to a politician who may try to tell you otherwise. They only care about their own interests. They just want to win elections and it doesn't matter to them what happens to you.

[FreedomIsNotFree]

so if somebody is charged with a felony as a juvenile, when they turn 18/21, they can legally purchase a rifle/handgun?

They absolutely can. Juvenile records are not checked when you purchase firearms as an adult. The vast majority of the time people are given a fresh start at age 18.

[M14Gunman]

ok... you got me i am to bussy working and paying taxes to track down illegal alians voteing...

just a couple points

err... you have not spent a whole lot of time in mexico, it is prety racist to call all illegal alians brown, there are many blond haired blue eyed native mexicans


a voter registration card and a matricular consular picture id are all that are needed for proof of U.S. citizenship at the boarder and citizinship is NEVER checked when voters register

so let me ask you mr I need proof, why did Loretta Brixey (Sanchez) and larry (nativo) lopez go berzerk and demand a retraction when they read this?

If you truly are of Hispanic descent you don't serve your people well when your comments are riddled with grammatical errors; Furthermore, might I say "yoo spel leik a therd grayder on doap."

There should be an academic test integrated with the electronic voting machine; those test scores below a 9th grade reading level should be automatically dropped from the voting pool. That will curb illegal voting!

P.S.
I take far greater issue with your defense of illegal aliens BEING here, much less VOTING than I do your grammar. The grammar was just a much easier thing to attack.

[five.five-six]

If you truly are of Hispanic descent you don't serve your people well when your comments are riddled with grammatical errors; Furthermore, might I say "yoo spel leik a therd grayder on doap."

There should be an academic test integrated with the electronic voting machine; those test scores below a 9th grade reading level should be automatically dropped from the voting pool. That will curb illegal voting!

P.S.
I take far greater issue with your defense of illegal aliens BEING here, much less VOTING than I do your grammar. The grammar was just a much easier thing to attack.

I am not hispanic, I am dyslexic, and i do not spell well. and you are correct it is much easyer to take pop shots at my spelling than to points i have laie out.

by the way the smartest, most accomplished person i have ever met is a mexican fallowed not too far beheind by a guatamalan. an I work in a prety technical fieild

as far as a reding test to vote, that was used in the south to keep the darkies out of the polls and it is ilegal.

the color of ones skin and theyere ability to read write and speak english is a very poor mesure of cognitive function with few exceptions well inside standard deviarion