View Full Version : Looks like a good place to start

07-09-2012, 4:26 PM
Hi all,
Came across this site while doing a search for some DOJ phone numbers, and it brought me to a thread started by someone who was having a difficult time with his purchase of a handgun because of a felony arrest that did not result in a prosecution or conviction.

After reading all the posts in that thread, I thought I'd put my two cents in.

First: In California, as in most places, a felony conviction bars you from owning or possessing any firearm, or ammo, for life.

Second: In addition to felony convictions, there are a number of specified misdemeanors that prevent you from owning/possessing a firearm for ten years. They are listed in Penal Code Section 29805.

There are some other restrictions but these are the main ones.

What many people don't understand is the effect of an expungement under Penal Code Section 1203.4. Mere expungement does NOT eliminate the firearm prohibition, UNLESS, incident to the expungement the court reduced the offense to a misdemeanor.

This is only possible if the felony offense that resulted in the conviction was of the type known as a "wobbler," i.e., punishable either as a misdemeanor or a felony.

There are two cases on the books that I am aware of that pretty much state this rule. A reduction of felony to a misdemeanor and then an expungement results in only a misdemeanor conviction. Unless it's one of the specified misdemeanors under 29805, the person is no longer barred from firearms ownership or possession.

As with all things legal, there are "ifs, ands, and buts" about this stuff, but generally speaking, this is the present state of the law.

I certainly hope there aren't any convicted felons reading this....

SoCal Bob
07-09-2012, 5:07 PM
Uhmmm, howdy.

07-09-2012, 5:57 PM

07-09-2012, 5:57 PM
This is the welcome forum, if you want post about this, gotta take it to another sub forum.

07-09-2012, 6:00 PM
Welcome aboard !

07-09-2012, 8:16 PM
Thanks. As I look around this site, I realize that being a gun owner/enthusiast in California is pretty different than the rest of the world....am I paranoid or are we besieged?
Oh, and Fighterpilot562...
What do you own that has the initials "NFL?"
Do you perform ceremonies while armed...just in case she changes her mind????

07-09-2012, 8:36 PM

07-10-2012, 7:40 AM
Odd first post. Welcome to CalGuns.

07-10-2012, 7:59 AM

07-10-2012, 9:57 AM
Welcome aboard!

07-10-2012, 10:25 AM
Welcome to Calguns!

07-10-2012, 4:31 PM
Welcome aboard.

07-11-2012, 12:38 AM
Welcome to Calguns! :)

Wicked Pete
07-11-2012, 7:01 AM
Welcome. Your post is informative. You know what gets me??? The areas with the strictest gun control laws, gun violence is out of control. Look at Juarez, Mexico: strict laws...for the average citizen. Does the bad guy care?
Detroit: bangers are NOT listening to the words of the Mayor. Tsk, tsk.

What's the solution? Obviously it ain't making more laws!

07-11-2012, 10:19 AM

07-11-2012, 7:43 PM
You're right, Pete...I think it just comes down to the historical failure of "leaders" to follow the lessons of history.

07-11-2012, 8:05 PM
welcome to the forum.

07-11-2012, 11:25 PM
Welcome aboard. That is some good info you posted, but did you also post it in the thread which prompted you to join? If not, why not?

07-12-2012, 5:58 AM
welcome to CalGuns!!!! Enjoy!!!

FX-05 Xiuhcoatl
07-12-2012, 7:46 AM
welcome to calguns

07-12-2012, 2:46 PM
That's a really good question, Dean.
The truth is, I couldn't find that original thread. it was something I came across during a search, so all I saw was the post. Had no idea what thread it was in.
Partly not paying attention, partly CRS.