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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 12-08-2012, 9:01 PM
srcsteven srcsteven is offline
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Default felony 496d (a) reduced to misdemeanor and expunged per 1203.4 and 17b

I was charged with a 496d (a) possession of stolen propriety a (Wobbler) felony. It was a dirt bike. Anyways, I went to court and had it reduced to a misdemeanor (17b) and expunged (1203.4) My question is, since it was reduced and expunged do I have my gun rights restored? I live in California and I can't seem to find a straight answer.

Last edited by srcsteven; 12-09-2012 at 8:14 PM..
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  #2  
Old 12-08-2012, 9:08 PM
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Why not ask the court or the DA that charged you ? I would think they would have a definitive answer .
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  #3  
Old 12-08-2012, 9:34 PM
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Who's off highway motor vehicle did you steal it from? I strongly hate crooks.
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  #4  
Old 12-08-2012, 9:34 PM
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If that's all you have on your record, then yes.
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Old 12-08-2012, 9:50 PM
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The technical answer is yes. But as a convicted thief looking to purchase a firearm you may want to stay quiet about what you did in the past and I hope you learned from it.
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Old 12-08-2012, 9:54 PM
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The technical answer is yes. I certainly hope there were extenuating circumstances or you learned from it because I'm not personally comfortable with thieves owning firearms. My advice would be to not bring this up again and leave it in the past.
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  #7  
Old 12-09-2012, 6:33 AM
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Fill this form out, send it and the fee in and see what they say.

http://oag.ca.gov/sites/all/files/pd...s/pfecapp.pdf?
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  #8  
Old 12-09-2012, 7:34 AM
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I get asked this question alot at work. Hopefully one of the attorney types chime in XD

I DO know a felony expungement does not restore gun rights, but felony reduced to misdemeanor has been a head scratcher. I would think that as long as it doesnt involve assault, domestic violence, anything sexual and stalking it should be all good.
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  #9  
Old 12-09-2012, 7:39 AM
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Quote:
Originally Posted by morrcarr67 View Post
Fill this form out, send it and the fee in and see what they say.

http://oag.ca.gov/sites/all/files/pd...s/pfecapp.pdf?
^^^This^^^ is the right answer. Seriously, you won't get a better answer from any attorney.
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  #10  
Old 12-09-2012, 1:06 PM
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I didn't steal it nor am i a thief. i purchased it and had only a bill of sale that i thought was good but it wasn't. I'm retied army, I only want my rights back. Nothing more, Nothing less
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  #11  
Old 12-09-2012, 1:39 PM
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Quote:
Originally Posted by Moonshine View Post
The technical answer is yes. I certainly hope there were extenuating circumstances or you learned from it because I'm not personally comfortable with thieves owning firearms. My advice would be to not bring this up again and leave it in the past.
I'M NOT A THIEF, I just got ****ed over.
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  #12  
Old 12-09-2012, 1:44 PM
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Note the language in my post "I hope there were extenuating circumstances". I'm not aware of anyone's identity or what thy did in the past. You should be able to purchase but as most said here you should do a DOJ check to see if you're eligible (most attorneys will tell you the same in all likelihood).
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  #13  
Old 12-09-2012, 2:34 PM
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I will do a DOJ check. Thanks and sorry for sounding like an ***. I just don't like being called a thief when I'm not.
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  #14  
Old 12-10-2012, 8:51 AM
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Originally Posted by srcsteven View Post
I will do a DOJ check. Thanks and sorry for sounding like an ***. I just don't like being called a thief when I'm not.
Hopefully it will come back in your favor. If it doesn't, that would be the time to contact your attorney.

Good luck and thank you for your service.

Jesse
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  #15  
Old 12-10-2012, 10:48 AM
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seriously though, wth is with you people immediately thinking he was the thief? he was charge with possession of stolen property, not theft. if youre buddy sells you stolen goods and you get caught you could be in the same position as this CGN member. gl with your sit OP
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  #16  
Old 12-10-2012, 11:10 AM
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Originally Posted by OleCuss View Post
^^^This^^^ is the right answer. Seriously, you won't get a better answer from any attorney.
I agree that the PFEC is the cheapest, easiest option for a go/no-go but I wouldn't agree that you couldn't get a better answer from any attorney.

-Brandon
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  #17  
Old 12-10-2012, 11:22 AM
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Originally Posted by morrcarr67 View Post
Fill this form out, send it and the fee in and see what they say.

http://oag.ca.gov/sites/all/files/pd...s/pfecapp.pdf?
I agree, it sounds like your firearms ban should be over. Send in this form with the fee. If they respond back that you are banned (which has happened many times as evidenced by numerous threads on this forum) then you may need an attorney to sort it out depending on what the problem is. You could speak to DOJ first to get them to tell you what the holdup is. Sometimes the info just hasn't gotten to where it needs to go, etc, etc.
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  #18  
Old 12-10-2012, 1:25 PM
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Quote:
Originally Posted by srcsteven View Post
I was charged with a 496d (a) possession of stolen propriety a (Wobbler) felony. It was a dirt bike. Anyways, I went to court and had it reduced to a misdemeanor (17b) and expunged (1203.4) My question is, since it was reduced and expunged do I have my gun rights restored? I live in California and I can't seem to find a straight answer.
Straight answer: The 17(b) restored your firearms rights. The 1203.4 did nothing for firearms rights but it didn't hurt anything.

http://www.paul.net/guns/CDM_Memoran..._of_rights.pdf
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Old 12-10-2012, 1:34 PM
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Good look hope all goes well
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  #20  
Old 12-10-2012, 2:01 PM
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Bear in mind that dismissals, reversals, expungement, and sealing orders are often not completed by the courts, the records keepers, automated records systems (i.e., PIN, CLETS, CII, NCIS, TECS, etc.). Along the way sometimes orders get lost. As a background investigator I can tell you that a check by LE can sometimes show an arrest / conviction that should have been dismissed / expunged per the court. I also know of BATFE finding something that had been dismissed but still triggered a red flag with them.
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  #21  
Old 12-10-2012, 3:50 PM
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Originally Posted by MudCamper View Post
Straight answer: The 17(b) restored your firearms rights. The 1203.4 did nothing for firearms rights but it didn't hurt anything.

http://www.paul.net/guns/CDM_Memoran..._of_rights.pdf
Thx, Love the info... I'm also going to do a DOJ check as well.

Last edited by srcsteven; 12-10-2012 at 3:52 PM..
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  #22  
Old 12-10-2012, 3:56 PM
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Thx, Love the info... I'm also going to do a DOJ check as well.
Hey, Welcome to Cal Guns..!

Yes, do the form. Getting CONVICTED of a Felony is the key. You were not convicted so I think you're good. But take the time and do the form anyway.

Good Luck..!

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Old 12-10-2012, 4:04 PM
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If you are CONVICTED of the felony and do a 17b it basically goes back in time and makes it a misdemeanor from the get-go.
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Old 12-10-2012, 4:26 PM
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Originally Posted by eltee View Post
Bear in mind that dismissals, reversals, expungement, and sealing orders are often not completed by the courts, the records keepers, automated records systems (i.e., PIN, CLETS, CII, NCIS, TECS, etc.). Along the way sometimes orders get lost. As a background investigator I can tell you that a check by LE can sometimes show an arrest / conviction that should have been dismissed / expunged per the court. I also know of BATFE finding something that had been dismissed but still triggered a red flag with them.
A friend of mine experienced this. Did something dumb when he was 18, got nailed for a wobbler, got the court to reduce and expunge. Somewhere along the way, CADOJ never got the memo. He had moved out of the area by that time, and I went down to the court and got a copy of his entire file, found the one piece of paper that set him free, he called CADOJ and told them he had an expungement that they didn't get, I got a certified copy of that one paper, I faxed it to CADOJ, they called the court to confirm / verify, they cleared him and he now has his firearm rights restored.
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Old 12-10-2012, 5:55 PM
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Originally Posted by sierratangofoxtrotunion View Post
A friend of mine experienced this. Did something dumb when he was 18, got nailed for a wobbler, got the court to reduce and expunge. Somewhere along the way, CADOJ never got the memo. He had moved out of the area by that time, and I went down to the court and got a copy of his entire file, found the one piece of paper that set him free, he called CADOJ and told them he had an expungement that they didn't get, I got a certified copy of that one paper, I faxed it to CADOJ, they called the court to confirm / verify, they cleared him and he now has his firearm rights restored.
He should consider following up so that it actually gets cleared in the "system" or it may come up again when somebody else runs him.
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Old 12-10-2012, 5:55 PM
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I'M NOT A THIEF, I just got ****ed over.
I've heard most prisons are filled with the same kind of people.
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Old 12-10-2012, 6:00 PM
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I've heard most prisons are filled with the same kind of people.
what are u trying to say? And yes!, I got ****ed over! I did nothing wrong except believe that the bill of sale i got was legit. I learned the hard way to always get the pink slip. U can never trust anyone, That's all I got from this ordeal.......

Last edited by srcsteven; 12-10-2012 at 6:05 PM..
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