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AyatollahGondola
11-17-2013, 10:16 PM
Sac Court Civil Case # 2013-80001669

Schuler vs AG/DOJ

The basics are that a misdemeanor DV occurred in 1990, with a plea entered and sentenced to probation and work project. Conviction was expunged by court order after application. Sac Court purged the case files. AG denies purchase of firearms. Schuler sues

For purposes of a "misdemeanor crime of domestic violence"
conviction, a person i s not considered t o have been convicted of a
misdemeanor crime of domestic violence unless the person was
represented by counsel, or knowingly and intelligentl y waived the
righ t to counsel and, i f entitle d to have case trie d by a jury , the
case was actuall y trie d by a jury , or the person knowingly and
intelligentl y waived the righ t to have the case trie d by a jury .
Mr. Schuler was not represented by counsel, there i s no record t o
reflec t that he actuall y knowingly and intelligentl y waived his
righ t t o counsel, he di d not have a jur y trial , and there i s no
record to reflec t he knowingly and intelligentl y waived his righ t
to a jur y trial .
Further, i f a conviction i s expunged or set aside (which i s the
case), the conviction wil l not qualify , unless the expungement
expressly provides that the person may not ship, transport, possess
or receive firearms. 18 U.S.C. Section 921 (a) (33) (A) , (B) .
The timelin e of the above conviction and expungement order i s
relevant to thi s matter. Mr. Schuler's conviction and expungement
pre-dated the passage of the law (September 1996). There i s no
record (nor di d i t exis t i n 1995 at the time of the expungement
order) that states he may not ship, transport, possess or receive
firearms. Unti l the September 1996 law, i t was not a crime or
prohibited fo r a misdemeanant fo r a violatio n of Penal Code Section
273.5 to possess a firearm before or afte r i t was expunged under
Federal law.

Ubermcoupe
11-17-2013, 10:23 PM
Expunged via PC1203.4?
Doesn’t 1203.4 specifically state that firearm relief is not covered when “expungement” is granted? :confused:

This will be interesting to see how it turns out.

LoneYote
11-18-2013, 7:22 AM
Expunged via PC1203.4?
Doesn’t 1203.4 specifically state that firearm relief is not covered when “expungement” is granted? :confused:

Did it say that in 1995?