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View Full Version : CA Penal Code 422/ 10yr prohibition/ Fed gun rights??


DURAMAX
07-20-2011, 6:38 PM
folks,

i made a terrible choice 10 years ago and was arrested for penal code 422.
i have done a ton of reading today on all of this and have found out that infact my "CA" rights will be re-instated in a few months...but my charge may disqualify me from ever owning a firearm or purchasing one through Federal law. i was just curious as if anyone has been able to purchase a firearm after there 10 year prohibition after being convicted of this charge? i dont think any kind of expungment/pardon or the like matters for the fed's through CA as they dont recognize it. i guess short of waiting a few months to try there is no other real way of knowing correct? i have researched the CA system for this and it say it takes approx 1-3 months to get back to you and still only says if you are legal for CA and not federally. i would really like to go on a hunt in idaho next year for Elk and not have anything to worry about. is there anything i am missing?

thanks :confused:

dantodd
07-20-2011, 6:43 PM
This is a very tricky question. From what I have gathered reading threads here:

If you were convicted as a misdemeanor then you should be good to go once you CA prohibition is up. If it was a felony you will need to have the charge reduced to a misdemeanor. It is possible that just having it reduced will get you "off the hook" after the 10 year prohibition but you may also have to get it "expunged." If it was a felony conviction YOU MUST get it reduced before an expungement to clear up the fed. issues.

DURAMAX
07-20-2011, 6:52 PM
it is infact a misdemeanor. on all the websites i read today it says CA expungements do not clear up this issue...some other states do but CA is one that does not.

thankyou for your reply

Falconis
07-20-2011, 8:31 PM
Was it a domestic issue? As in girlfriend or wife. If so you may have complications from what I understand

jl123
07-20-2011, 8:41 PM
Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
For the purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.

Is this one of the laws that can get you a lifetime ban for DV?

How in the hell can the feds ban firearms in these cases? Commerce I'm guessing......WTF?

There's a case making it's way through the courts that may help you eventually if this is a lifetime ban.

hoffmang
07-20-2011, 9:20 PM
I'd suggest contacting Don Kilmer - http://www.dklawoffice.com/ as he's currently working on a couple of cases dealing with this issue.

-Gene

DURAMAX
07-21-2011, 9:25 AM
There's a case making it's way through the courts that may help you eventually if this is a lifetime ban.


is there any more info that you can provide? thank you all so far i have a lot more to look into.

dantodd
07-21-2011, 10:17 AM
is there any more info that you can provide? thank you all so far i have a lot more to look into.

yeah, my mistake. If this conviction is considered Domestic Violence you are out of luck in CA because of the "Lautenberg amendment."

Do as Gene recommends. Don is a great guy and will let you know pretty quickly if: A) you can get relief B) you are a candidate for his "cases" Gene mentioned C) you are SOL.

jl123
07-21-2011, 11:57 AM
is there any more info that you can provide? thank you all so far i have a lot more to look into.

I don't recall much. I was hoping that post would jog some peoples' memories and they would have more info for you.