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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  
Old 03-26-2009, 11:47 AM
mrbongo01 mrbongo01 is offline
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Angry Restoration of gun rights question.

I am trying to do some research on how I may get my gun rights restored in the state of California. Here is my story.

In 1996, I was charged with a simple criminal domestic violence (misdemeanor) in the state of South Carolina. I was in the military at the time. Some simple pushing and shoving led me to be convicted of C.D.V. (Criminal Domestic Violence.) This is the only time I have ever been in trouble with the law.

Since I was a lower enlisted service member, the prospect of obtaining an attorney was out of the question. Simply put, I did not make enough money to retain one. I thought I would go to court and plead my case and let my former girlfriend plead her case and let the judge rule on the mater. Besides the police took plenty of pictures that showed there was not a mark on her. All it was; was some pushing and shoving. Judge found me guilty of criminal domestic violence.

Now we fast forward to 2005. I enlisted in the California Army National Guard. I’m serving my enlistment in the guard and doing great things. One day, my command approaches me about the C.D.V charge after a background investigation. They start informing about the Lautenberg act and tell me that if I do not get this expunged of my record, they will have to discharge me from the National Guard. Well I have 6 years to go before I get my 20 year retirement. I am too close to just let this go.

I filed all the appropriate paper work with the South Carolina Solicitor and the State Court. It paid off, they granted me the expungement. My record was expunged. I presented the paper work to my chain of command and I am still serving in the National Guard today.

However, I am still unable to purchase a firearm in the state of California. I do not understand this. This was expunged off my record. The conviction was not even a felony, and I am still denied the right to own a firearm. I can carry a weapon for my state and my country, but I can’t own one of my own? How can this be?

Should my rights to own a firearm be restored with the expungement? What do you think? Does anyone have a view that could help me get on the path to restoration of my rights? Any advice or comments would be greatly appreciated. The name of a competent attorney would also help.

Thank you so much for reading……………. Soldier Medic
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Old 03-27-2009, 11:48 AM
mrbongo01 mrbongo01 is offline
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Not one opinion or suggestion on my post??? Wow.....
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Old 03-27-2009, 11:53 AM
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http://www.calguns.net/calgunforum/s...ht=restoration
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Old 03-27-2009, 11:54 AM
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There is a thread somewhere about restoration of rights, but your going to have to some legal council just about no matter what.
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Old 03-27-2009, 11:56 AM
sigsauer887 sigsauer887 is offline
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How long ago was the conviction? California has a 10 year period where you are prohibited from possessing a firearm.
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Old 03-27-2009, 11:57 AM
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Quote:
Originally Posted by mrbongo01 View Post
However, I am still unable to purchase a firearm in the state of California. I do not understand this. This was expunged off my record. The conviction was not even a felony, and I am still denied the right to own a firearm.
Hopefully, you've read the sticky at the top about restoring firearms rights. But what specifically makes you say the above statement? I'm just curious.
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Old 03-28-2009, 11:02 AM
mrbongo01 mrbongo01 is offline
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Quote:
Originally Posted by Whiskey_Sauer View Post
Hopefully, you've read the sticky at the top about restoring firearms rights. But what specifically makes you say the above statement? I'm just curious.
I have not read the sticky yet but I will...

What makes me specifcally state my statement is that I am still un able to purchase a firearm. My conviction was in the state of South Carolina in 1995. I had this expunged off my record in 2008. I tried to buy a pistol and I was denied. I have read that it does not mater if your conviction for domestic violence was expunged or not. California will not allow me to purchase a firearm no mater what. The state does not care that I have had this LEGALY taken care of. Just another way that the peoples socialist republic of california is keeping me from purchasing a weapon.



Like I said I can carry one legally in the National Guard but I cant purchase one or posses one of my own.........

How odd is that?????

Last edited by mrbongo01; 03-28-2009 at 11:13 AM..
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Old 03-28-2009, 11:09 AM
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Quote:
Originally Posted by mrbongo01 View Post
I have not read the sticky yet but I will...

What makes me specifcally state my statement is that I am still un able to purchase a firearm. My conviction was in the state of South Carolina in 1995. I had this expunged off my record in 2008. I tried to buy a pistol and I was denied. I have read that it does not mater if your conviction for domestic violence was expunged or not. California will not allow me to purchase a firearm no mater what. The state does not care that I have had this LEGALY taken care of. Just another way that the peoples socialist republic of california is keeping me from purchasing a weapon.


Like I said I can carry one legally in the National Guard but I cant purchase one or posses one of my own.........

How odd is that?????

well, honestly, no more odd than most of the Cali gun laws, sorry to say...
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Last edited by Kestryll; 03-28-2009 at 11:45 AM..
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Old 03-28-2009, 11:35 AM
Rhys898 Rhys898 is offline
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According to the memorandum prepared by C.D. Michel, California only places a 10 year hold for misdemeanor DV, but federally it is a lifetime ban. With your expungement that should be gone but......

Chances are that the NICS system still has you listed for the CDV as a "Prohibited Person". You will probably need to call them and find out how you can get that cleared up. Once you are good with NICS check with the CADOJ and find out if there is anything else prohibiting you from personally owning firearms. If not then you can either try to purchase a gun or pay the extra money and apply for a "Certificate of Eligibility" from the state.

Hope this helps. Sorry you're having so many problems. Thank you for your Service!

Jer
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Old 03-28-2009, 11:45 AM
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Quote:
Originally Posted by Rhys898 View Post
According to the memorandum prepared by C.D. Michel, California only places a 10 year hold for misdemeanor DV, but federally it is a lifetime ban. With your expungement that should be gone but......

Chances are that the NICS system still has you listed for the CDV as a "Prohibited Person". You will probably need to call them and find out how you can get that cleared up. Once you are good with NICS check with the CADOJ and find out if there is anything else prohibiting you from personally owning firearms. If not then you can either try to purchase a gun or pay the extra money and apply for a "Certificate of Eligibility" from the state.

Hope this helps. Sorry you're having so many problems. Thank you for your Service!

Jer
well, there is expunged, and then there is expunged... Had some issues as a minor, got them expunged and double checked a few times that it was gone. Had a job that required a security clearance, and they still had it on their file they got for teh background check. Got teh clearance and it wasn't that big a deal - just really surprised when they started asking about things that were supposed to be "expunged"...
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