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View Full Version : How does a non-violent expunged juvenile felony from OR affect CA firearms purchase?


McGillicutty Jones
12-25-2012, 8:31 PM
I see that there is a lot of information out there, but I'm confused as to which legislation applies first. Let's say a person was convicted of a non-violent felony as a juvenile in Oregon and then had their criminal record expunged. In Oregon an expungement means a person "for purposes of the law shall be deemed not to have been previously convicted" and for a fact (excluding some hardcore felonies) can purchase and possess firearms once again. It is literally as if the conviction never happened.

However, as we all well know in California they prohibit anyone convicted of a felony in any state or country from purchasing a firearm. A CA expungement doesn't do the trick, only the misdemeanor reduction and/or governor's pardon options are viable.

Since the conviction records are all but destroyed in Oregon and the person would be able to purchase a firearm and say they have not been convicted of anything, where do things stand in California? :confused:

scrubb
12-25-2012, 9:01 PM
I have to state the obvious boss. I would consult an attorney. Never can be too careful.

2600fromAtari
12-25-2012, 9:11 PM
^What he said. However, what you said is not quite true. If you were convicted as a juvenile, felony or not, you may still own a firearm as long as you're now +30 years old. You might want to start here...

"Any person subject to juvenile court law and adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code for any of the following offenses, shall not own, possess, or have under his or her custody or control any firearm until reaching 30 years of age (Penal Code 12021(e)):"

http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

McGillicutty Jones
12-25-2012, 10:06 PM
"Any person subject to juvenile court law and adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code for any of the following offenses, shall not own, possess, or have under his or her custody or control any firearm until reaching 30 years of age (Penal Code 12021(e)):"

^^This list of minor offenses all appear to be quite serious in nature.

Lets arbitrarily say that the crime was possession (not sale) of 4 oz's mary jane. In OR that is a felony (which was expunged as if never convicted), and interestingly in CA that is only a misdemeanor amount.

I'll send for a PFEC and let you guys know what happens.

In the mean time, any other ideas/experiences?

Thanks

VW*Mike
12-25-2012, 10:18 PM
I will say PFEC is the only way to know. Also some states dont "convict" juveniles and you are found guilty by some other way so depending on the wording, do juvenile courts even report due to juvenile privacy laws? I would say PFEC for sure, then maybe consult an attorney if you can't get a straight answer. Good luck hope it works out for you........

Paul S
12-26-2012, 7:37 AM
I would only add a ? for you. Are you SURE the record was expunged?

Often times courts are too busy to follow up on an expungement order. The order falls through the cracks and the records are never deleted. It might be worth it to you to confirm the status.

donw
12-26-2012, 12:44 PM
I would only add a ? for you. Are you SURE the record was expunged?

Often times courts are too busy to follow up on an expungement order. The order falls through the cracks and the records are never deleted. It might be worth it to you to confirm the status.

^i agree with that.

i would strongly suggest you do consult a knowledgeable attorney.

i had to deal with the county of San Diego for 7 years on an issue to resolve that issue, that had a court order, that the issue was in my favor, and HAD been resolved, and i had complied with all legal avenues and demands; it finally took the governor to step in and order them to comply.

McGillicutty Jones
01-28-2013, 9:09 PM
I received a response to my PFEC 33 days later, and the verdict is: I may posses and purchase firearms. :party::gunsmilie:

bwiese
01-28-2013, 11:50 PM
I received a response to my PFEC 33 days later, and the verdict is: I may posses and purchase firearms. :party::gunsmilie:

Not so fast. CALIFORNIA says you can.

Might you still be in violation of Fedreal law? Could be. And CA's response could be a reflection of poor data sharing rather than "really meating the standard" to have rights restored.

In CA, expungements don't do anything for gun rights recovery and felonues have to get reset to misdemeaonors thru 17b process.

Unsure of what OR does.

You really should validate with Oregon (per OR attorney) that you have rights restored there. If that's the case, then you're oK here.