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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 01-22-2013, 10:15 PM
De7x De7x is offline
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Default Legal question regarding restoring gun rights after felony conviction

Hello all,
I was convicted of a felony in Ca in November of 1994 for 11377 which is possession of methamphetamine. I spent a year in county jail and then was released. After release I was in trouble again and probate to a long 18 month drug rehab which I completed and I have been clean since. I have worked for the same company for the last 16 years and have not been in trouble since. In 2000 I had the felony vacated with a 1203.4 so I can vote and legally put no on a job application as to wether I was convicted of a felony. It is still accessible to law enforcement and I still have the 12021 prohibiting me from owning a firearm. My question is what can I do if anything to get my gun rights restored? I have seen two lawyers who turned out to be extremely liberal and I think they just did not want to help me. I am out of ideas and am frankly confused about how I should proceed at this point. The main reason I want this right back is I work nightshifts most of the time and I would like to have some kind of protection for my wife. The neighborhood I live in is not the best. Please if anyone can give me some advice or point me in a direction to follow I would greatly appreciate it. Thanks you

Brian
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Old 01-23-2013, 4:19 AM
OleCuss OleCuss is offline
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You probably need to contact a good lawyer with special expertise in firearms litigation.

If you let us know the general area where you live we can probably direct you to one in your area.

I'm not the expert on this and I don't know all the details about when it works and all, but the general procedure for fixing a felony conviction goes something like this:

The felony has to be a "wobbler" (could have been convicted as either a misdemeanor or a felony).

You get the felony reduced to a misdemeanor. Only then do you get the conviction expunged.

Getting a felony expunged (or whatever the proper term) doesn't get your RKBA back.

I do not know the procedure for restoration of the RKBA right if proper procedure was not followed. But others have outlined it in the past and a good firearms lawyer like Sean Brady, Jason Davis, Don Kilmer, etc. will know all the ins and outs of how to do that.
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Old 01-23-2013, 5:14 AM
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edwardm edwardm is offline
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Quote:
Originally Posted by De7x View Post
Hello all,
I was convicted of a felony in Ca in November of 1994 for 11377 which is possession of methamphetamine. I spent a year in county jail and then was released. After release I was in trouble again and probate to a long 18 month drug rehab which I completed and I have been clean since. I have worked for the same company for the last 16 years and have not been in trouble since. In 2000 I had the felony vacated with a 1203.4 so I can vote and legally put no on a job application as to wether I was convicted of a felony. It is still accessible to law enforcement and I still have the 12021 prohibiting me from owning a firearm. My question is what can I do if anything to get my gun rights restored? I have seen two lawyers who turned out to be extremely liberal and I think they just did not want to help me. I am out of ideas and am frankly confused about how I should proceed at this point. The main reason I want this right back is I work nightshifts most of the time and I would like to have some kind of protection for my wife. The neighborhood I live in is not the best. Please if anyone can give me some advice or point me in a direction to follow I would greatly appreciate it. Thanks you

Brian
PM me with geographic location within California and I'll get you relevant contact information.

On the upside, 11377 for possession is a reducible wobbler.
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Old 01-23-2013, 6:07 PM
De7x De7x is offline
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Thanks guys for the replies. I live in Contra Costa county in Ca but was convicted in Alameda County.
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Old 01-23-2013, 8:36 PM
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JoshuaS JoshuaS is offline
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There are actually at least two ways. Same for all of CA

Expungment does not restore this right. Further, the Feds do not recognizes California expungment. So even in a case where it would get you back 2a rights under CA law, it won't under Federal

Now if the charge was a wobbler (as described above), and the misdemeanor charge does not carry a maximum sentence of a year or more, AND it is not one of the misdemeanors that exclude you from possessing a gun (in CA some misdemeanors subject you to a ten year ban, others a life ban). If it is a wobbler, not a matter of domestic violence, and not one of those categories of prohibited misdeamenors, and the misdemeanor carries at max less than a year in jail, then just having it reduced automatically restores 2a rights. No expungment, pardon or any other action required.

The other way is to get a Certificate of Rehabilitation from a court, this will then be forwarded to the governor for pardon. Or you can directly appeal to the governor for pardon. This is the only way to restore 2a rights for a non-wobbler felony. However, if any felony involved the use of a "dangerous weapon" you are out of luck.

Contact an attorney. Either course of action means court time and costs, and an attorney would know which would be the better route.
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