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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 09-14-2011, 1:32 PM
0331carlos 0331carlos is offline
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Default Ca 10 yr gun prohibition??

I was convicted of felony pc246.3 ( negligent discharge of firearm ) in CA in 2010. I just got it reduced to misdemeanor this year 2011.
CA gave me a 10 yr gun prohibition starting the day of conviction.
I am resident of Arizona now, I have no other charges.
Will the federal gov.t deny me a gun purchase because I have a state prohibition in CA???? Please comment if your familiar with this. THank You
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  #2  
Old 09-14-2011, 7:09 PM
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You can have it reduced and expunged by the same judge that sentenced you of the crime. Sounds like you have reduced already now just get it expunged. you might not have to get it expunged. im not sure. you can also check on doj website and run your dro's to check eligibility.
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  #3  
Old 09-15-2011, 11:44 AM
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1.) You got it reduced to a misemeanor. Good. SAVE THAT PAPERWORK.

2.) Get that misdemeanor expunged. SAVE THE PAPERWORK.

3.) The CA 10yr prohibition is for CA only and is separate from other matters. If you are legal to own guns in AZ and are in AZ the CA prohibition does not apply there.

4.) It may take time for FedGov to understand the above and you may get an initial Denial. Also CA DOJ may mistakenly think the 10yr prohibition applies outside CA too and tell that to someone and screw things up.
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Old 09-15-2011, 1:23 PM
0331carlos 0331carlos is offline
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THanks for the comments.
I have been exhausting resources a lot to figure this out.
I am on summary probation but have a lawyer to petition early termination next January 2012. I also planning to expunge my case.
I have been reading up a lot on the FBI's national instant criminal check system and read that they update the status on an individual by 30 days or less.
Just had doubts the FBI's NICS would deny or delay me a firearm purchase.
You can't get in trouble if you get denied right? Thanks
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Old 09-15-2011, 1:33 PM
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Quote:
Originally Posted by 0331carlos View Post
THanks for the comments.
I have been exhausting resources a lot to figure this out.
I am on summary probation but have a lawyer to petition early termination next January 2012. I also planning to expunge my case.
Do not confuse expungment with 17(b) reduction.

17(b) resentence-reduction to misdemenaor is your key.

Expungment is just nicety for this, but you might as well do it. There's a chance that could help accelerate paperwork.

SAVE ALL YOUR PAPERS AND KEEP COPIES OF THEM. Know all your case #s - the court may have a hard time searching.

Quote:
I have been reading up a lot on the FBI's national instant criminal check system and read that they update the status on an individual by 30 days or less.
Providing they have properly been supplied by the city/county DOJ it's OK.

But you may very well have to clean this up with CA DOJ and have a letter stating such to handle an FBI denial.

Do not assume state computer recordskeeing/computers and intercommunication work well.

(You oughta see the data quality of various aspects of the CA assault weapons database.)

Quote:
Just had doubts the FBI's NICS would deny or delay me a firearm purchase.
If they have correct info they'll be fine. It's unlikely they'll immediately get the correct info and this info may need some prodding to release - remember there are time lags and due to budget cuts stuff like this gets left to last.

Quote:
You can't get in trouble if you get denied right? Thanks
It is illegal to buy a gun if you are a prohibited person (felon).

If your CA felony has been cleaned up and properly reduced to misdameanor via 17(b) in California then you are no longer a felon.

Now, you are prohibited in CA from owning a gun [unless you can get the judge to reduce that part of sentence] but that does not affect AZ.
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Last edited by retired; 09-19-2011 at 7:34 PM.. Reason: unnecessary/inflammatory
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  #6  
Old 09-15-2011, 1:38 PM
0331carlos 0331carlos is offline
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@ CKY how exactly do you check eligibility on DOJ website?
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Old 09-15-2011, 1:45 PM
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Quote:
Originally Posted by 0331carlos View Post
@ CKY how exactly do you check eligibility on DOJ website?
http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf
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  #8  
Old 09-15-2011, 1:50 PM
0331carlos 0331carlos is offline
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Great, I just simply want my gun rights restored.
My lawyer was telling me I'm banned for life because I was convicted " once" of a felony.
But I knew all about 17(b) reduction eligibility.
I got it accomplished, so I think I'm just gonna be patient and finish out my summary probation.
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Old 09-15-2011, 9:18 PM
Sealawyer Sealawyer is offline
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Illegal aliens get their convictions expunged daily by Superior Court judges so they can avoid the immigration consequences of their state court convictions. That logic should serve you well.
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  #10  
Old 09-20-2011, 8:11 PM
0331carlos 0331carlos is offline
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Sealawyer is field dodging boota** POG thanks for erasing my previous comments calguns im not dumb but u kept this one above. i see where u stand. not behind other vets.
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