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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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sdfgas
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Firearms successfully returned by the CA Department of Justice. Probation expires October 2014. A free people ought not only to be armed, but disciplined. ~George Washington Sign and fight - Defend our right to bear arms Last edited by Johnnyfres; 04-13-2013 at 1:08 PM.. |
#2
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In CA, assuming you can legally own firearms. it will come down to the issuing agency's discretion.
Get a copy of your "rap sheet" from DOJ. Go down and talk with the officer who does the CCW applications. Show him your criminal history and ask him if he/the dept., would issue you a permit. That is what I did. Worked out well for me. But then again I am in Shasta Co. and they are one of the "better" counties for CCW.
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Bring hay for my horse....wine for my men....and mud for my turtle! What do you hear ???...... Nothing but the rain. Well grab your gun and bring in the cat. "A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud |
#3
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It’s my understanding that having a criminal conviction expunged will only remove the conviction from public eyes, not your criminal record with regards to the department of justice, it will still show up on a government background check.
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The bigger the government the smaller the citizen. Need a Realtor, I have 30 years experience, PM me. |
#4
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In the eyes of the law you no.longer have a felony. So any background check that goes to DOJ, you do not have to disclose you had a felony.conviction otherwise your application will automatically get denied.
Bigbamboo is.correct, it.does.come down to the issuing agency , so if you applying for a ccw I'd disclose it and they will decide if they feel enough time has elapsed since the crime occured. Every. Agency has their own protocol as to how to handle this type of .situation. good luck. Also some agencies.have that 10 year wait after the crime occured so you maybe in luck. The purpose.of the wait is to, my understanding, they want to make sure you.don't.have any further occurrences and to make sure you have rehabilitated since it happened. Hope this helps. Last edited by CityHunt3r; 03-25-2013 at 9:00 AM.. |
#5
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<Sigh> The background check that the Police, Sheriff, FBI, (and YOURSELF) etc., runs on a person applying for a permit WILL show ALL your past criminal arrests, convictions, dismissals and 17(b) and 1203.4 (your CA reduction to misdemeanor and "expunged" charges).
CA does NOT have a true expungment like other states that fully remove the charge, sentence, and all history of the expunged conviction. And that really sucks...I (or any convicted felon who have "expunged" their record) can never be a firefighter, EMT, nurse, etc., etc. because when you apply for a state lic., and they do their background check it all still shows up. But...I have a CCW !?!?!? If you lie and put down no, I am sure they will deny your application. Again...what worked for ME was I went to the Sheriff's office and paid $20.00 or whatever the fee was and did my own live scan. I received the DOJ printout about 2-3 weeks later. It shows ALL my past criminal history. I then scheduled a appointment with the deputy who does the CCW for my county. I showed him my "rap sheet". He asked a bunch of questions. Said go take your CCW classes and we will issue you a permit. I am on my 2nd renewal now. So again...I would suggest doing what I did so you do not waste money only to be turned down. Good luck, and let us know how it turns out if you apply. Take care
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Bring hay for my horse....wine for my men....and mud for my turtle! What do you hear ???...... Nothing but the rain. Well grab your gun and bring in the cat. "A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud |
#7
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jhgbkl
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Firearms successfully returned by the CA Department of Justice. Probation expires October 2014. A free people ought not only to be armed, but disciplined. ~George Washington Sign and fight - Defend our right to bear arms Last edited by Johnnyfres; 04-13-2013 at 1:05 PM.. |
#8
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It all depends on the final disposition of the expungement.
Mine reads..."dismissed" and the date...it wasn't for assault. I pled no contest to a posession charge...it wasn't a firearm or drugs. I take it that my charges were officially DISMISSED as recorded in the record. I have had no issues buying firearms of renewing my permits. Last edited by glockman19; 03-25-2013 at 11:43 AM.. |
#9
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fghd
__________________
Firearms successfully returned by the CA Department of Justice. Probation expires October 2014. A free people ought not only to be armed, but disciplined. ~George Washington Sign and fight - Defend our right to bear arms Last edited by Johnnyfres; 04-13-2013 at 1:05 PM.. |
#10
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Quote:
Remember a lot of these places come down to your character and not just your rap sheet. It's not cold statistics only here.
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"If Jesus had a gun he would be alive today"-Homer Simpson |
#11
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I believe in a shall issue state like Florida or Nevada this would be possible. However in a may issue state like California it is unlikely even the most conservative shall issue county would issue a CCW unless you had been in a rural county and were well known/trusted by the sheriffs department. Because it does not bar you from owning a firearm it never hurts to try though.
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#13
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It's up to the issuing agency (your sheriff). You can be denied a ccw in Ca for anything. I had my stuff reduced and expunged and I was denied because of my arrest history (20 years ago). My good cause was accepted and my good moral character was not the reason because I disclosed everything. Everything will show up on your background check. It will show the dates of when you were arrested, when you pled guilty, and when it was reduced/expunged. But you will never know unless you apply.
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#14
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Apply
You are in Fresno county, you should apply, bring whatever info you have with you regarding the case.
The sheriff has the ultimate decision, but the reality is "few people" are "angels". You need to convince the sheriff that the "assault charge" was a "wakeup call" and a "learning experience" that you have learned from. You are in a county where the sheriff "IS" issuing, but she may not issue a permit if you the interviewer comes away with the impression that you are a "hothead", that you let your "pride and ego" get the better part of you. Nicki |
#16
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[Qcgxvbx
__________________
Firearms successfully returned by the CA Department of Justice. Probation expires October 2014. A free people ought not only to be armed, but disciplined. ~George Washington Sign and fight - Defend our right to bear arms Last edited by Johnnyfres; 04-13-2013 at 1:06 PM.. |
#17
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ncbcv
__________________
Firearms successfully returned by the CA Department of Justice. Probation expires October 2014. A free people ought not only to be armed, but disciplined. ~George Washington Sign and fight - Defend our right to bear arms Last edited by Johnnyfres; 04-13-2013 at 1:06 PM.. |
#18
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Since issuing agencies have wide latitude for what they consider "good moral character," with no statewide standard, it is complete conjecture whether you can get a CCW or not with that past.
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