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1371USMC
03-12-2012, 6:56 AM
Hello all,
I am a Marine currently on my second combat deployment to Afghanistan. While browsing guns I wanted to buy when I got back, I came across an article informing me that I was ineligible to purchase/posess a firearm in California for 10 years due to a misdemeanor non-domestic violence assault charge. I hardly think this is right seeing as how I've served my time to this country honorably, with distinction, and without incident.
I mean, how can they tell me I can't own a firearm?!

Does anyone know how I can get my right's restored?

tgriffin
03-12-2012, 6:58 AM
This question is best posed to a lawyer. Getting in contact with the calguns foundation may yield direction to pursue, but is no substitute for the legal advice and assistance only a lawyer can provide.

Best of luck and thank you for your service.

1371USMC
03-12-2012, 7:02 AM
Thanks.

TakeFive
03-12-2012, 7:53 AM
Semper Fi brother. If you are convicted of misdemeanor domestice violence, you can get the record expunged after a certain period of time in California. A lawyer can help you with that. The firearms prohibition is also Federal and there is no process to expunge on the Federal level. There is currently an effort in congress to change this, but right now the Federal ban is permanent. Good luck and thanks for your service.

1371USMC
03-12-2012, 7:58 AM
Semper Fi brother. If you are convicted of misdemeanor domestice violence, you can get the record expunged after a certain period of time in California. A lawyer can help you with that. The firearms prohibition is also Federal and there is no process to expunge on the Federal level. There is currently an effort in congress to change this, but right now the Federal ban is permanent. Good luck and thanks for your service.

Well, it wasn't a domestic violence charge. It was just regular old assault. Aparrently that invokes a 10 year ban on ownership.... Really appreciate the reply though. :)

littlejake
03-12-2012, 8:11 AM
Well, it wasn't a domestic violence charge. It was just regular old assault. Aparrently that invokes a 10 year ban on ownership.... Really appreciate the reply though. :)

Charge or conviction -- there's a big difference. How did you plead? Of what were you convicted?

I believe, a conviction for non-domestic violence is a CA only denial. Best to involve a lawyer.

Even better, why live in a non-free state. You fought for the freedom of others. Why live under a tyranny? Vote with your feet!

I was born in this state right after WWII -- I'm ready to vote with my feet and head for Nevada.

Semper Fi Marine. Thank you for your service.

1371USMC
03-12-2012, 8:24 AM
It was a conviction for misdemeanor, non-domestic assault. I want to move as soon as possible, but until I can, I want my wrongfully taken rights restored.
It's my job man, you don't have to thank me. Do that by living your life, and not taking for granted what you already have.

littlejake
03-12-2012, 8:41 AM
Having served in Vietnam (USAF) I never want another service member to come home and not receive a welcome home!

I just checked the current federal form 4473 and it has a question 11c -- the explanation associated with the question is:

"EXCEPTION to 11.c, and 11.i.: A person who has been convicted of a
felony or any other crime, for which the judge could have imprisoned the
person for more than one year, or who has been convicted of a misdemeanor
crime of domestic violence, not prohibited from purchasing, receiving, or
possessing a firearm if: (I) under the law of the jurisdiction where the
conviction occurred, the person has been pardoned, the conviction has been
expunged or aside, or the person has had their civil rights (the right to vote,
sit on a jury, and hold public office) taken away and later restored AND (2)
the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer "no" to II.e. or II.i., as applicable."

As I read it, the feds are pushing it down to the state. You have to fight the state of California.

You need a lawyer -- and I am not a lawyer.

IVC
03-12-2012, 9:08 AM
I hardly think this is right seeing as how I've served my time to this country honorably, with distinction, and without incident.
I mean, how can they tell me I can't own a firearm?!

Rule #1: rules don't make sense. Rule #2: see Rule #1.

When dealing with an emotionally charged subjects such as civilian firearm ownership, many laws are intended not to make it fair, but to make it difficult and socially unacceptable. Your situation is one of those that is equivalent of stepping on a legal landmine.

As others pointed out, there are ways to fix it, but you will need a lawyer both to determine the best path out of your situation and to get it done with the required paperwork. It is not a sure thing, but definitely worth a try. Good luck and be safe.

HBrebel
03-12-2012, 9:31 AM
It was a conviction for misdemeanor, non-domestic assault. I want to move as soon as possible, but until I can, I want my wrongfully taken rights restored.
It's my job man, you don't have to thank me. Do that by living your life, and not taking for granted what you already have.

well said sir and thank any way for your service. I do not believe in what we are doing over there but I respect you for your service. Good luck on your firearms issues.

Decoligny
03-12-2012, 10:07 AM
CA PC 240 is the code for assault.

Under CA PC 29805 you are prohibited from possession of a firearm for 10 years from the conviction. PC sections 29855 and 29860 list ways to get the prohibition lifted/adjusted. Unfortunately it looks like those sections only apply to cops who need to carry a gun to do their job, and to those who were convicted before the prohibition went into effect.


29805. Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

littlejake
03-12-2012, 12:13 PM
CA PC 240 is the code for assault.

Under CA PC 29805 you are prohibited from possession of a firearm for 10 years from the conviction. PC sections 29855 and 29860 list ways to get the prohibition lifted/adjusted. Unfortunately it looks like those sections only apply to cops who need to carry a gun to do their job, and to those who were convicted before the prohibition went into effect.


29805. Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

Decoligny: Good cite. The question that will come up for the OP is: Does this translate up to the Federal NICS system? Phrased another way, suppose he returns stateside to another state such as NV -- will this prohibition follow him via the federal NICS system? (I think it does -- but do not know) If it does, then his only remedy is to litigate this in CA.

This scenario is a good example why one priority for reform in CA is to align the definition of prohibited person to match the federal definitions.

K/R Jake

OleCuss
03-12-2012, 12:20 PM
.
.
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It's my job man, you don't have to thank me. Do that by living your life, and not taking for granted what you already have.

We don't need to thank you and yes, it's your job.

But it is a job which not too many these days are willing to do. And it is a commitment, and people who will commit to something which risks their life are all too few.

I spent a little time in Afghanistan and I was about as REMF as you could be and still get a combat badge while attached to an infantry battalion. I was working/caring for both Army and Marines (as well as some non-US contingents). I love the enlisted/non-coms and I believe they deserve our thanks despite their having a contract which says they have to do it.

So, thank you for doing your job!

Edit: Oh, and really do work with the lawyer on this one. If you are prohibited from buying you may also be prohibited from possessing. A Marine who can't possess a firearm can't carry one - kind of difficult in a service which is so combat-oriented. . .

Decoligny
03-12-2012, 1:21 PM
Decoligny: Good cite. The question that will come up for the OP is: Does this translate up to the Federal NICS system? Phrased another way, suppose he returns stateside to another state such as NV -- will this prohibition follow him via the federal NICS system? (I think it does -- but do not know) If it does, then his only remedy is to litigate this in CA.

This scenario is a good example why one priority for reform in CA is to align the definition of prohibited person to match the federal definitions.

K/R Jake

The answer is no, this does not translate into the Federal System. The CA PC prohibition is strictly a CA prohibition.

Theseus was charged with a 626.9 violation and was convicted. He was 100% legal when going outside of California when dealing with possession of firearms.

If his conviction was in any another state, it would, however, make him inelligible to possess a firearm in CA for 10 years after the conviction.

I am not sure if any other states have a law similar to the CA PC. If so, then he would be prohibited in that state also.

thebronze
03-12-2012, 2:58 PM
It was a conviction for misdemeanor, non-domestic assault. I want to move as soon as possible, but until I can, I want my wrongfully taken rights restored.
It's my job man, you don't have to thank me. Do that by living your life, and not taking for granted what you already have.

Semper Fi, Mac! Thanks for standing on that wall.


CA Penal Code sec 29860 would be your best chance for getting anything done, depending on what Penal Code sec your original conviction was on and when you were convicted, as sec 29855 deals with cops. Pay special attention to sec 29860(e).

Good luck.

My advice: Don't come to Kalifornia