Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-09-2005, 9:55 AM
imported_booknut imported_booknut is offline
Junior Member
 
Join Date: May 2003
Location: Humboldt County
Posts: 77
iTrader: 0 / 0%
Default

I feel like going out on a limb here....

I was arrested in Texas in 1980 for burglary of a building.
My 'accomplice' and I went to court.
We received probation for 5 years with a fine and court costs.
The deal was that if we were good boys, we could come back to court and have our records 'expunged'.

Here's what happened...by the way...I was 21 and stupid in those days, and after our punishment was handed down I was given back my old job and accepted back into that small community. The guy who's property we 'burgled' declined my offer to pay for and/or work towards the repair of any damage my partner and I caused.
I am one of those folks who learned from a very hard lesson...luckily!

Anyway,
I spent two years on probation for this felony. I paid my fine. I went back to court and the judge 'set aside' my conviction.
Basically, the judge granted me a new trial, I withdrew my plea of guilty, and the Judge dismissed the indictment against me.

I then contacted the BATF and requested to have my 2nd amendment rights restored.
An agent was assigned to my case and an investigation followed.
I was interviewed, my neighbors were interviewed and I believe my employer was also.
After the investigatin was complete, the agent told me I would receive my letter in the mail.
I still have that letter.
Since the early 1980's, I have proceeded to exercise my 2nd amendment rights without fear or hesitation.

I have never been called on about it.

After moving to this state some 9 years ago, I applied to be a volunteer for the local Sheriff's Posse SAR.
I interviewed and was recommended for inclusion.
Prior to my background check, I called the investigator they used and relayed my background info which I have described to you above.
He promptly suggested that I would not be eligible for a position on the Posse because California would not recognize the dismissal from Texas.

I was upset and saddened, especially since I have years of emergency medical training/experience along with having been a wilderness survival instructor.

Their loss.
My loss also.

Today though, I'm pretty well pissed off at how things are done in this state.
If/when I get the mind to apply to the posse again, I will be ready to fight a legal battle if I am rejected for the same reason again.

My belief is that this whole issue is between the Feds and the state of Texas...NOT California.

If state's want all this autonomy to do things their own way, then they should have to keep their nose out of the business of other states.

Anyway, there's the whole sordid tale.

one other note, I was rejected as a police candidate after my background check for the El Paso Police Department.
I had been doing extremely well in the tests and I was an employee of the El Paso EMS system for several years prior to that.

They had contacted the sheriff of the small town where this all took place and he informed them of the circumstances.
The EPPD then decided I was ineligible according to TCLEOSE rules and reg's.
I was informed by more than one person that I should have sued that sheriff and pushed the issue way back then in '85.
Again, I was so pissed and saddened by the whole thing that I just took it.

Part of why I'm laying all this out here, is that I'm tired of just taking it!
So if there's any 'secret police', or MMM's or whoever, go ahead and do what you want.
This time I'm standing up for my rights as well as the rights of others in the same situation.

Just because a person makes a mistake, doesn't mean they should pay for the rest of their life!
It used to be called 'rehabilitation'! It was when I dealt with it and it worked for me and my partner!

btw, he's been in law enforcement in Texas ever since the late 1980's. Same situation, same court, judge and everything.
He just found the right people to help him out.

Now bear in mind that what I was able to do through the BATF, is not happening lately;or so I hear anyway.

Sorry!
__________________
booknut
Reply With Quote
  #2  
Old 06-07-2005, 6:11 PM
claude claude is offline
Junior Member
 
Join Date: Jun 2005
Posts: 5
iTrader: 0 / 0%
Default

Quote:
Originally posted by DingChavez:
Can you be more
specific?
Plead guilty to owning a rifle that was "too short", when a minor.

It was the judges discretion to make it a misdemeanor or a felony. He chose felony.

Did 3 years probation, served no time. Offense has been "expunged", but I understand that that is not enough.

I'm not looking for "opinions" as much as someone who KNOWS that the rights can be restored and steer me in the right direction. I expect to hire an attorney, but only if it's feasible.
Reply With Quote
  #3  
Old 06-05-2005, 4:42 PM
tkimerer@aol.com tkimerer@aol.com is offline
Junior Member
 
Join Date: Mar 2004
Location: Sacramento
Posts: 19
iTrader: 0 / 0%
Default

delloro makes a valid point. Had a friend who jumped through all the hoops here to get his firearms rights restored from a very old domestic only to have the feds deny him on a handgun purchase because it didn't meet their standards
Reply With Quote
  #4  
Old 06-12-2005, 9:59 AM
delloro delloro is offline
Senior Member
 
Join Date: Oct 2005
Location: the Inland Empire
Posts: 549
iTrader: 0 / 0%
Default

fed.
__________________
.
click HERE to see scantily-clad women with guns
Reply With Quote
  #5  
Old 06-09-2005, 6:39 AM
stillbigmac stillbigmac is offline
Member
 
Join Date: Jan 2005
Location: Fremont CA
Posts: 227
iTrader: 0 / 0%
Default

You could do a personaly eligability check with the DOJ.

You send in an approprietly filled out and noterized (I think) form with 19 bucks and they will run your BG and let you know if you are eligable right now, in writing.

I had one guy get one of these and I still had to turn him down.. hed been dishonorably discharged and the state isn't looking for that.
Reply With Quote
  #6  
Old 06-10-2005, 9:32 PM
imported_booknut imported_booknut is offline
Junior Member
 
Join Date: May 2003
Location: Humboldt County
Posts: 77
iTrader: 0 / 0%
Default

delloro
Who's constitution...the state's or the fed's?
Either way...they're both OURS!
__________________
booknut
Reply With Quote
  #7  
Old 10-07-2005, 12:02 PM
Guest
 
Posts: n/a
iTrader: / %
Default

Jumping in late on this one, but if it matters...

I had a felony on my record from when I was 20. Probation, community service, etc. It was a CA "wobbler" felony that could have been a misdemeanor or felony - court went with felony.

There's a little-used and misunderstood section of Calfornia law, Penal Code 17(b)(3). I had my felony reduced to a misdemeanor under that law recently.

Then I called ATF and asked to talk to one of their attorneys on staff. Since my offense wasn't domestic violence, the reduction satisfies the Feds.

Then I called Cal. DOJ and asked the same question and got the same answer. Then I asked for it in writing. And they gave me the answer in writing (17(b) will make me eligible per the state, but they would not opine on Federal).

Then I called the Feds a 2nd time to double-check and a different attorney at ATF told me the exact same thing the first attorney did.

Being in law school, this was not hard for me to do. But always consult an attorney.
Reply With Quote
  #8  
Old 06-04-2005, 2:39 PM
delloro delloro is offline
Senior Member
 
Join Date: Oct 2005
Location: the Inland Empire
Posts: 549
iTrader: 0 / 0%
Default

yes but there is a state, and a federal aspect. you must make sure BOTH sovereigns are satisfied.
__________________
.
click HERE to see scantily-clad women with guns
Reply With Quote
  #9  
Old 06-04-2005, 10:17 AM
stillbigmac stillbigmac is offline
Member
 
Join Date: Jan 2005
Location: Fremont CA
Posts: 227
iTrader: 0 / 0%
Default

I have seen a number of felony convictions modified to restore a persons rights.

After a 30 year period, if the person was a law abiding sort the whole time, the rights may be restorable.

I would consult a lawer.
Reply With Quote
  #10  
Old 06-07-2005, 4:37 PM
imported_FW10ring imported_FW10ring is offline
Junior Member
 
Join Date: May 2005
Posts: 13
iTrader: 0 / 0%
Default

I've heard of people with felony convictions that happened before the age 18 getting their rights restored after 10 years.
Reply With Quote
  #11  
Old 06-09-2005, 2:49 PM
delloro delloro is offline
Senior Member
 
Join Date: Oct 2005
Location: the Inland Empire
Posts: 549
iTrader: 0 / 0%
Default

Quote:
He promptly suggested that I would not be eligible for a position on the Posse because California would not recognize the dismissal from Texas.
that's a violation of the full faith and credit clause of the constitution. fight it.
__________________
.
click HERE to see scantily-clad women with guns
Reply With Quote
  #12  
Old 06-04-2005, 9:19 AM
claude claude is offline
Junior Member
 
Join Date: Jun 2005
Posts: 5
iTrader: 0 / 0%
Default

Has anyone convicted of a non-violent felony, over 30 years in the past, ever been granted their right to possess a firearm again?
Reply With Quote
  #13  
Old 06-07-2005, 6:22 PM
delloro delloro is offline
Senior Member
 
Join Date: Oct 2005
Location: the Inland Empire
Posts: 549
iTrader: 0 / 0%
Default

Quote:
Originally posted by Longhunter:
Did 3 years probation, served no time. Offense has been "expunged", but I understand that that is not enough.
expunged means there should be no record of it.
__________________
.
click HERE to see scantily-clad women with guns
Reply With Quote
  #14  
Old 06-07-2005, 5:00 PM
LongBch_SigP226's Avatar
LongBch_SigP226 LongBch_SigP226 is offline
Member
 
Join Date: Oct 2005
Location: Long Beach
Posts: 337
iTrader: 3 / 100%
Default

You said non-violent felony but
that can mean anything. It might
be felony possession of illegal
machine gun. Can you be more
specific?
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 11:09 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.