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View Full Version : felony 496d (a) reduced to misdemeanor and expunged per 1203.4 and 17b


srcsteven
12-08-2012, 9:01 PM
I was charged with a 496d (a) possession of stolen propriety a (Wobbler) felony. It was a dirt bike. Anyways, I went to court and had it reduced to a misdemeanor (17b) and expunged (1203.4) My question is, since it was reduced and expunged do I have my gun rights restored? I live in California and I can't seem to find a straight answer.

becxltoo984
12-08-2012, 9:08 PM
Why not ask the court or the DA that charged you ? I would think they would have a definitive answer .

Foriegn power
12-08-2012, 9:34 PM
Who's off highway motor vehicle did you steal it from? I strongly hate crooks.

scootergmc
12-08-2012, 9:34 PM
If that's all you have on your record, then yes.

Moonshine
12-08-2012, 9:50 PM
The technical answer is yes. But as a convicted thief looking to purchase a firearm you may want to stay quiet about what you did in the past and I hope you learned from it.

Moonshine
12-08-2012, 9:54 PM
The technical answer is yes. I certainly hope there were extenuating circumstances or you learned from it because I'm not personally comfortable with thieves owning firearms. My advice would be to not bring this up again and leave it in the past.

morrcarr67
12-09-2012, 6:33 AM
Fill this form out, send it and the fee in and see what they say.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf?

13withinfinity
12-09-2012, 7:34 AM
I get asked this question alot at work. Hopefully one of the attorney types chime in XD

I DO know a felony expungement does not restore gun rights, but felony reduced to misdemeanor has been a head scratcher. I would think that as long as it doesnt involve assault, domestic violence, anything sexual and stalking it should be all good.

OleCuss
12-09-2012, 7:39 AM
Fill this form out, send it and the fee in and see what they say.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf?

^^^This^^^ is the right answer. Seriously, you won't get a better answer from any attorney.

srcsteven
12-09-2012, 1:06 PM
I didn't steal it nor am i a thief. i purchased it and had only a bill of sale that i thought was good but it wasn't. I'm retied army, I only want my rights back. Nothing more, Nothing less

srcsteven
12-09-2012, 1:39 PM
The technical answer is yes. I certainly hope there were extenuating circumstances or you learned from it because I'm not personally comfortable with thieves owning firearms. My advice would be to not bring this up again and leave it in the past.
I'M NOT A THIEF, I just got ****ed over.

Moonshine
12-09-2012, 1:44 PM
Note the language in my post "I hope there were extenuating circumstances". I'm not aware of anyone's identity or what thy did in the past. You should be able to purchase but as most said here you should do a DOJ check to see if you're eligible (most attorneys will tell you the same in all likelihood).

srcsteven
12-09-2012, 2:34 PM
I will do a DOJ check. Thanks and sorry for sounding like an ***. I just don't like being called a thief when I'm not.

morrcarr67
12-10-2012, 8:51 AM
I will do a DOJ check. Thanks and sorry for sounding like an ***. I just don't like being called a thief when I'm not.

Hopefully it will come back in your favor. If it doesn't, that would be the time to contact your attorney.

Good luck and thank you for your service.

Jesse

Changalang
12-10-2012, 10:48 AM
seriously though, wth is with you people immediately thinking he was the thief? he was charge with possession of stolen property, not theft. if youre buddy sells you stolen goods and you get caught you could be in the same position as this CGN member. gl with your sit OP

wildhawker
12-10-2012, 11:10 AM
^^^This^^^ is the right answer. Seriously, you won't get a better answer from any attorney.

I agree that the PFEC is the cheapest, easiest option for a go/no-go but I wouldn't agree that you couldn't get a better answer from any attorney.

-Brandon

stix213
12-10-2012, 11:22 AM
Fill this form out, send it and the fee in and see what they say.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf?

I agree, it sounds like your firearms ban should be over. Send in this form with the fee. If they respond back that you are banned (which has happened many times as evidenced by numerous threads on this forum) then you may need an attorney to sort it out depending on what the problem is. You could speak to DOJ first to get them to tell you what the holdup is. Sometimes the info just hasn't gotten to where it needs to go, etc, etc.

MudCamper
12-10-2012, 1:25 PM
I was charged with a 496d (a) possession of stolen propriety a (Wobbler) felony. It was a dirt bike. Anyways, I went to court and had it reduced to a misdemeanor (17b) and expunged (1203.4) My question is, since it was reduced and expunged do I have my gun rights restored? I live in California and I can't seem to find a straight answer.

Straight answer: The 17(b) restored your firearms rights. The 1203.4 did nothing for firearms rights but it didn't hurt anything.

http://www.paul.net/guns/CDM_Memorandum_on_restoration_of_rights.pdf

joev2340
12-10-2012, 1:34 PM
Good look hope all goes well

eltee
12-10-2012, 2:01 PM
Bear in mind that dismissals, reversals, expungement, and sealing orders are often not completed by the courts, the records keepers, automated records systems (i.e., PIN, CLETS, CII, NCIS, TECS, etc.). Along the way sometimes orders get lost. As a background investigator I can tell you that a check by LE can sometimes show an arrest / conviction that should have been dismissed / expunged per the court. I also know of BATFE finding something that had been dismissed but still triggered a red flag with them.

srcsteven
12-10-2012, 3:50 PM
Straight answer: The 17(b) restored your firearms rights. The 1203.4 did nothing for firearms rights but it didn't hurt anything.

http://www.paul.net/guns/CDM_Memorandum_on_restoration_of_rights.pdf

Thx, Love the info... I'm also going to do a DOJ check as well.

Oceanbob
12-10-2012, 3:56 PM
Thx, Love the info... I'm also going to do a DOJ check as well.

Hey, Welcome to Cal Guns..! :cool2:

Yes, do the form. Getting CONVICTED of a Felony is the key. You were not convicted so I think you're good. But take the time and do the form anyway.

Good Luck..!

:D

winnre
12-10-2012, 4:04 PM
If you are CONVICTED of the felony and do a 17b it basically goes back in time and makes it a misdemeanor from the get-go.

sierratangofoxtrotunion
12-10-2012, 4:26 PM
Bear in mind that dismissals, reversals, expungement, and sealing orders are often not completed by the courts, the records keepers, automated records systems (i.e., PIN, CLETS, CII, NCIS, TECS, etc.). Along the way sometimes orders get lost. As a background investigator I can tell you that a check by LE can sometimes show an arrest / conviction that should have been dismissed / expunged per the court. I also know of BATFE finding something that had been dismissed but still triggered a red flag with them.

A friend of mine experienced this. Did something dumb when he was 18, got nailed for a wobbler, got the court to reduce and expunge. Somewhere along the way, CADOJ never got the memo. He had moved out of the area by that time, and I went down to the court and got a copy of his entire file, found the one piece of paper that set him free, he called CADOJ and told them he had an expungement that they didn't get, I got a certified copy of that one paper, I faxed it to CADOJ, they called the court to confirm / verify, they cleared him and he now has his firearm rights restored.

eltee
12-10-2012, 5:55 PM
A friend of mine experienced this. Did something dumb when he was 18, got nailed for a wobbler, got the court to reduce and expunge. Somewhere along the way, CADOJ never got the memo. He had moved out of the area by that time, and I went down to the court and got a copy of his entire file, found the one piece of paper that set him free, he called CADOJ and told them he had an expungement that they didn't get, I got a certified copy of that one paper, I faxed it to CADOJ, they called the court to confirm / verify, they cleared him and he now has his firearm rights restored.

He should consider following up so that it actually gets cleared in the "system" or it may come up again when somebody else runs him.

donny douchebag
12-10-2012, 5:55 PM
I'M NOT A THIEF, I just got ****ed over.

I've heard most prisons are filled with the same kind of people.

srcsteven
12-10-2012, 6:00 PM
I've heard most prisons are filled with the same kind of people.

what are u trying to say? And yes!, I got ****ed over! I did nothing wrong except believe that the bill of sale i got was legit. I learned the hard way to always get the pink slip. U can never trust anyone, That's all I got from this ordeal.......