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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 03-23-2008, 9:42 PM
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Default Regaining gun owner rights after a felony conviction

Has anyone had any experience with getting the right to own a gun back after a felony conviction? Was about 17 years ago I plead guilty to a burglary of my ex girlfriends house to steal back some expensive jewelry I'd given her over the years we were together. I'm not a criminal in the ordinary sense, and haven't been in any trouble with the law since then, but I'd like to legally possess a small gun for personal home protection. Illegal ownership seems dangerous considering California's current laws. What I'd like to know is exactly what's involved with getting rights restored. I'm currently collecting disability insurance and cannot afford a high priced attorney either. Any help would be much appreciated.
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  #2  
Old 03-23-2008, 9:49 PM
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can't be done. bill clinton saw to that. get a new identity, witness protection program?
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Old 03-23-2008, 9:54 PM
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It can be done and it's fairly simple... assuming it wasn't federal, which doesn't sound like your case.

If your offense was a "wobbler" (could have been charged as felony or misdemeanor) you need to get it reduced and expunged. If it was something that would be considered a strikeable offense you will need to apply for a pardon and then get the charge reduced and expunged. You must be off probation and not owe any restitution or court fines for anything.

A friend of mine just did this a few months back... it cost him $500 for the attorney, and it was done in a couple of weeks. If you need to apply for a pardon the time and cost will go up, but it shouldn't be much more. Call a criminal defense attorney and ask about it.
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Old 03-23-2008, 10:03 PM
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Originally Posted by LAK Supply View Post
It can be done and it's fairly simple... assuming it wasn't federal, which doesn't sound like your case.

If your offense was a "wobbler" (could have been charged as felony or misdemeanor) you need to get it reduced and expunged. If it was something that would be considered a strikeable offense you will need to apply for a pardon and then get the charge reduced and expunged. You must be off probation and not owe any restitution or court fines for anything.

A friend of mine just did this a few months back... it cost him $500 for the attorney, and it was done in a couple of weeks. If you need to apply for a pardon the time and cost will go up, but it shouldn't be much more. Call a criminal defense attorney and ask about it.
Lak is right. Courts do look a things in a clearer light after 17 years. You should contact an attorney. It will cost you about $3000.00. He will petition the court for a change of plea. Gets confusing with public and private record. A lawyer can explain better.
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Old 03-23-2008, 10:10 PM
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can't be done. bill clinton saw to that. get a new identity, witness protection program?
The court said at the time of sentencing that at some time in the future if I stayed out of trouble they would allow the charge to be reduced to a reasonably similar misdemeanor, but that was a long time ago. I wonder if I contacted the public defenders office here in Sacramento they could help me with it.

Oh btw thanks motorhead very funny
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Old 03-23-2008, 10:33 PM
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Just looking into what is and is not a strike able offense I came across this site that shows what is a strike in California. It seems to say that the burglary has to be at a place that is currently occupied. No one was home when I entered the home so I think that will help my cause somewhat. Thanks for your responses. http://209.85.173.104/search?q=cache...nk&cd=11&gl=us
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Old 03-23-2008, 10:59 PM
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Quote:
Originally Posted by rrjenn View Post
The court said at the time of sentencing that at some time in the future if I stayed out of trouble they would allow the charge to be reduced to a reasonably similar misdemeanor, but that was a long time ago. I wonder if I contacted the public defenders office here in Sacramento they could help me with it.

Oh btw thanks motorhead very funny
The PD can help you.... it may take many times longer though. My buddy's case would have taken 6-9 months if he'd used the PD's office. The private attorney cost him $500 and it was done in a couple weeks. All it took from the attorney was an hour's worth of obtaining records and getting him on calendar. From there it was a call to the DA's office for agreement and 5 minutes in court. I was shocked at how little it really took.... when he told me what he was doing I figured it would be drawn out for months.
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Old 03-23-2008, 11:04 PM
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Quote:
Originally Posted by rrjenn View Post
The court said at the time of sentencing that at some time in the future if I stayed out of trouble they would allow the charge to be reduced to a reasonably similar misdemeanor, but that was a long time ago.
I am sorry your situation occurred.

Do NOT try to possess any gun for now, though - as that's both a California AND Federal charge.

However this above is VERY GOOD NEWS and, combined with non violence, otherwise clean record, etc. this means you can apply for a 17(b) action.

After some song & dance you can get cleaned up. (It's unclear to my dim memory if you'll also need to apply for a Certificate of Rehabilitation or not.)

Oh - once it's a misdemenor, and rights restored etc. you should also be able to file for expungement. You'll even be able to answer on employment forms (except perhaps for certain gov't security or political jobs) "No" to have you ever been convicted of a crime" and because of the set-aside, you will always be able to answer "No" to "Have you ever been convicted of a felony?"

Quote:
I wonder if I contacted the public defenders office here in Sacramento they could help me with it.
No, get a private attorney. I think Pub Defs are a bit overloaded anyway dealing with trials etc.

I've known of one person that did do it by himself but I do NOT recommend this - this is something you don't wanna screw up.
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Old 03-23-2008, 11:35 PM
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First let me state that I am no expert and this is not legal advice. Just my experience.
It can be done! I was just in the same situation. 13 years ago, when i was 18 I was charged with possession of stolen property, I not going to explain the whole deal, but the situation was not as serious as the charge sounds. Anyways I was still charged with a felony. My Public Defender told me she was going to drop it down if I took a plea. Well come to find out when I tried to purchase a gun last year, the Public Defender never had such intentions, nothing was dropped. So I went to my court house, pulled my files, and went to the Probation Dept. They told me that 13 years was a long time and in those 13 years I have had no run in's with the law. So the Judge would probably drop it or expunge it. I paid $120 to the Probation Dept., they pulled all my files and history and sent it to the Judge with a request to drop charges. One month later I seen the Judge and I was cleared. I know this is just one case and it doesn't mean all cases will be treated that way, but I would start by going to your court house and start asking questions.
Hope this helps.
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Old 03-24-2008, 8:17 AM
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my bad. it was my understanding that that gun rights were not restored on a cert. of rehab or even a pardon. i have not kept abreast of developments in this area.
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Old 03-24-2008, 10:55 AM
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I was told that you would get all rights back but firearm rights. Has anyone on the list had firearm rights restored after conviction reduced or expunged ?
and have you bought a Firearm?

Bill you are up on this what section of the PC can we look up.
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Old 03-24-2008, 11:02 AM
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PC 1203.4 is a dissmissal of the charges. This does not apply to firearms or licensure by the state or application to public office.

PC 17(b)3 is a reduction to misdemeanor, and applies to firearms rights. A recent Court of Appeal settled that. It was People v Gilbreth and it clarifies that the reduction to misdemeaner is "for all purposes".

Many CA courts have standardized on a simple form from which you can apply to do both of these things. However, it would still be wise to hire an attorney to file the petition in court.
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Old 03-24-2008, 11:48 AM
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Thanks I will pass that on. I would still like to hear from anyone that has gone thru the process and been able to buy a firearm. And know what if any problems arose or was it smooth sailing.

I just don't trust the D.O. J.
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Old 03-24-2008, 12:11 PM
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Thanks I will pass that on. I would still like to hear from anyone that has gone thru the process and been able to buy a firearm. And know what if any problems arose or was it smooth sailing.

I just don't trust the D.O. J.
That same week after my felony was dropped I picked up my firearm. I faxed the paper I received from court to the DOJ and they faxed a release to my store in Riverside, the rest is history.
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Old 03-24-2008, 12:16 PM
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Originally Posted by I. M. Nobody View Post
Thanks I will pass that on. I would still like to hear from anyone that has gone thru the process and been able to buy a firearm. And know what if any problems arose or was it smooth sailing.

I just don't trust the D.O. J.
With something as serious as this I would definitely hire an attorney.

I am not an attorney and most of my experience is in traffic court but I have successfully appealed a traffic court decision in superior court. I have handled scores of tickets in court and if it were me I would still hire an attorney. Gun rights are very important and if you have a moderate judge you might find your petition thrown out on a technicality. Once you've applied and been denied, another judge is not likely to go against his ruling.

Save grief later and hire the attorney.
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Old 03-24-2008, 1:16 PM
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its possable if your best friend happens to be the president.
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Old 03-24-2008, 1:25 PM
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That same week after my felony was dropped I picked up my firearm. I faxed the paper I received from court to the DOJ and they faxed a release to my store in Riverside, the rest is history.
Thats great I will tell my customer he will be very happy. The DOJ told him they didn't care if the convicition was reduced or not. He didn't want to spend the money for an attorney if he would still be denied.

Thank you
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Old 03-24-2008, 1:31 PM
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Quote:
Originally Posted by I. M. Nobody View Post
I was told that you would get all rights back but firearm rights. Has anyone on the list had firearm rights restored after conviction reduced or expunged ?
and have you bought a Firearm?

Bill you are up on this what section of the PC can we look up.
It's called a 17(b) process.

I've met a young guy who did a stupid college prank that was turned into burglary charge (felony). (Nonviolent, unarmed, etc.)

He was later able to have it recast as a misdemeanor. Some drug charges would be like this too.

Once this is done, you are not a felon anymore.
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Old 03-24-2008, 2:51 PM
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Thats it 17(b)
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Old 03-24-2008, 4:33 PM
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Quote:
Originally Posted by rrjenn View Post
Just looking into what is and is not a strike able offense I came across this site that shows what is a strike in California. It seems to say that the burglary has to be at a place that is currently occupied. No one was home when I entered the home so I think that will help my cause somewhat. Thanks for your responses. http://209.85.173.104/search?q=cache...nk&cd=11&gl=us

Time out. First Degree burglary, or burglary of a residence/dwelling, etc.(whether or not a person is present) is a strike. And it's not a wobbler. However, if you ended up pleading to a 2nd degree burg, it is in fact a wobbler. Check your paperwork if you still have it.
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Old 03-24-2008, 6:05 PM
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Time out. First Degree burglary, or burglary of a residence/dwelling, etc.(whether or not a person is present) is a strike. And it's not a wobbler. However, if you ended up pleading to a 2nd degree burg, it is in fact a wobbler. Check your paperwork if you still have it.
Something interesting I found online searching for this 17(b) form several people have suggested. This has mainly to do with DUI convictions but mentions gun rights.http://www.californiaduihelp.com/pos...n/wobblers.asp

A qualified California criminal attorney can submit a written motion to the court to reduce a “wobbler” felony to a misdemeanor. If relief is granted, the crime is a misdemeanor “for all purposes,” with a few exceptions. The original conviction remains as a prior in any subsequent criminal action, meaning that if a person is arrested for a similar crime in the future, the punishment for that crime will be greater. Also, the right to possess firearms will continue to be restricted, because federal gun statutes supersede state law.
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Old 03-24-2008, 6:18 PM
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another interesting web page says this: Restoration of Civil Rights While federal legislation and legislation in many states prohibits anyone convicted of a felony from possessing a firearm, a restoration of civil rights, or an expungement or pardon of a convictionas a matter of State lawmay allow a felon to regain weapons possession rights (18 U.S.C. 921(a)(20)). Generally, a state restoration of rights may still impose restrictions on possessing certain types of weapons or may even retain federal mandates notwithstanding a state restoration or rights. In California, if a felon meets proper requirements, he or she may apply for the Certificate of Rehabilitation and Pardon or the Direct Application for Pardon, the latter made directly to the Governor. Under California Penal Code Section 12021, the person granted a full and unconditional pardon by the governor may lawfully own and possess any type of weapon that may be lawfully owned and possessed by other citizens in California.
http://www.criminalattorney.com/page...es_weapons.htm
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Old 03-24-2008, 7:40 PM
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Bill's right.... 17b is the reduction and 1203.4 is a dismissal or expungment. They are both the same for all purposes except for certain state contracts and positions.

You can expect problems with the FBI... they are great at putting bad stuff in your record and then not removing/updating your records when it changes. You will want to send them a VAF application... I just got done with this. When I was younger I drank too much and did something stupid; the charges were eventually dismissed and I never had a problem purchasing guns in CA.

When I moved out of state last year every one of my purchases were delayed for 72 hours.... never got held up other than that, but it was annoying. I sent the application and a letter to the FBI telling them to correct their records, and about 5-6 weeks later I got a letter saying it was fixed and that I now have a PIN I can use for future purchases. The PIN hasn't even been necessary; apparently they updated everything while they were creating the VAF.

This happened several years ago when I was in my teens... if they hadn't updated it on their own by now they weren't going to.
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Old 03-24-2008, 8:26 PM
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Quote:
Originally Posted by MudCamper View Post
PC 17(b)3 is a reduction to misdemeanor, and applies to firearms rights. A recent Court of Appeal settled that. It was People v Gilbreth and it clarifies that the reduction to misdemeaner is "for all purposes".

Many CA courts have standardized on a simple form from which you can apply to do both of these things. However, it would still be wise to hire an attorney to file the petition in court.
I don't know the answer as to whether a 17(b) reduction would qualify one to possess firearms.

I think a 17(b)(3) reduction would be stronger than any other 17(b) reduction because the court declares the case to be a misdemeanor at sentincing. Stronger still, would be the prosecution reducing the crime by amendment before the plea.

However, I would not be so sure about that case People v. Gilbreth. It has no official cite because it is an unpublished decision and cannot be cited in legal argument (from Lexis):

2007 Cal. App. Unpub. LEXIS 7572, *

THE PEOPLE, Plaintiff and Respondent, v. CHRIS THOMAS GILBRETH, Defendant and Appellant.

A112477

COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE

2007 Cal. App. Unpub. LEXIS 7572

September 19, 2007, Filed

NOTICE: NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115.
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Old 03-24-2008, 10:34 PM
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As of right now, any felony reduced to a misdemeanor (and not precluded under 12021(c)(1) PC [10 year prohibition] or DV related [federal lifetime prohibition misdo or fel]), does restore firearms rights, under operation of law (17(b) PC). Gilbreth, although a non-cite, is as far as this issue has gotten at the State appellate level. The language of the penal code still dictates.
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Old 03-24-2008, 10:41 PM
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http://login.findlaw.com/scripts/cal...7/a112477.html

Quote:
"[O]nce a court has reduced a wobbler to a misdemeanor pursuant to . . . section 17, the crime is thereafter regarded as a misdemeanor 'for all purposes.' This unambiguous language means what it says, and unless the Legislature states otherwise, a person such as [defendant] stands convicted of a misdemeanor, not a felony, for all purposes upon the court so declaring."
Most attorneys and even the courts get confused over the differences between 17(b) and 1203.4. 1203.4 is the most common form of expungement, but the one you want is 17(b) (17(b)(3) specifically).

Here's a CA court "self-help" page:

http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

You can see even they are confusing the various processes.

Here's a form they have:

http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf

And here's the most interesting part, the form under construction with notes from different judges as they were working on it:

http://www.courtinfo.ca.gov/jc/docum...004ItemA20.pdf

Some of them really know their stuff, but some don't.
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Old 03-25-2008, 12:04 PM
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The seminal case is People v Banks (CA Sup. Ct., 1959, cited in Gilbreth; read the Gilbreth opinion and then read Banks). Also Gilbreth is not the first intermediate appellate case to deal with 17(b)(3) and firearms. Gebremicael v California Commission on Teacher Credentialing predates Gilbreth, and may be cited instead (3rd District, 2004).

[QUOTE=scootergmc;1087971 Gilbreth, although a non-cite, is as far as this issue has gotten at the State appellate level. The language of the penal code still dictates.[/QUOTE]
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Old 03-25-2008, 7:03 PM
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Originally Posted by Shotgun Man View Post
[...]

However, I would not be so sure about that case People v. Gilbreth. It has no official cite because it is an unpublished decision and cannot be cited in legal argument (from Lexis):

2007 Cal. App. Unpub. LEXIS 7572, *

THE PEOPLE, Plaintiff and Respondent, v. CHRIS THOMAS GILBRETH, Defendant and Appellant.

A112477

COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE

2007 Cal. App. Unpub. LEXIS 7572

September 19, 2007, Filed

NOTICE: NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115.
I feel ridiculous. I just now checked out Gilbreth on Lexis and it now has a cite and says it is certified for partial publication:

"156 Cal. App. 4th 53, *; 67 Cal. Rptr. 3d 10, **;
2007 Cal. App. LEXIS 1711, ***


THE PEOPLE, Plaintiff and Respondent, v. CHRIS THOMAS GILBRETH, Defendant and Appellant.

A112477

COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE

156 Cal. App. 4th 53; 67 Cal. Rptr. 3d 10; 2007 Cal. App. LEXIS 1711


September 19, 2007, Filed

NOTICE: CERTIFIED FOR PARTIAL PUBLICATION*"

Parts B and C were not certified for publication, but it is part A that pertains to a 17b reduction.

So I stand corrected. Gilbreth is citable. Lexis suggests this occurred in October:

"The Publication Status of this Document has been changed by the Court from Unpublished to Partial Publication October 15, 2007.
Ordered published by, in part People v. Gilbreth, 2007 Cal. App. LEXIS 1710 (Cal. App. 1st Dist., Sept. 19, 2007)"
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Old 04-21-2008, 2:08 PM
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Here you go, free legal advice-

http://www.calgunlaws.com/article-494.html
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  #30  
Old 04-21-2008, 2:41 PM
mymonkeyman mymonkeyman is offline
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There may not be lots of 17(b) cases in state court but there are actually tons of published 17(b) cases in federal court. They make it pretty clear that if you follow any of the steps in 17(b), it is not a felony under state law and therefore not a felony for purposes of various federal statutes including the GCA.
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Old 04-22-2008, 2:45 PM
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Hello.
May I ask what is a VAF? My fiancee has the 17(b) and the 1203.4. We have a lawyer working on a 4852.17 (think that is correct) so he can gain back "more" of his rights.
Our main goal is trying to get his gun rights back. From what I glean from this posting that if he already has the 17(b) and 1203.4 then he can own,buy,etc. fireams now? How does one check to see if that is the case or not with out going down and trying to buy a gun?
I have taken some notes from what I have read here and we will be meeting soon with the attorney to go over some other things and I plan on asking these same questions of him.
Thank you for your time.

Beat wishes ~Amber





Quote:
Originally Posted by LAK Supply View Post
Bill's right.... 17b is the reduction and 1203.4 is a dismissal or expungment. They are both the same for all purposes except for certain state contracts and positions.

You can expect problems with the FBI... they are great at putting bad stuff in your record and then not removing/updating your records when it changes. You will want to send them a VAF application... I just got done with this. When I was younger I drank too much and did something stupid; the charges were eventually dismissed and I never had a problem purchasing guns in CA.

When I moved out of state last year every one of my purchases were delayed for 72 hours.... never got held up other than that, but it was annoying. I sent the application and a letter to the FBI telling them to correct their records, and about 5-6 weeks later I got a letter saying it was fixed and that I now have a PIN I can use for future purchases. The PIN hasn't even been necessary; apparently they updated everything while they were creating the VAF.

This happened several years ago when I was in my teens... if they hadn't updated it on their own by now they weren't going to.
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Old 04-22-2008, 3:02 PM
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Quote:
Originally Posted by Sweet_n_Spicy View Post
Hello.
May I ask what is a VAF? My fiancee has the 17(b) and the 1203.4. We have a lawyer working on a 4852.17 (think that is correct) so he can gain back "more" of his rights.
Our main goal is trying to get his gun rights back. From what I glean from this posting that if he already has the 17(b) and 1203.4 then he can own,buy,etc. fireams now? How does one check to see if that is the case or not with out going down and trying to buy a gun?
I have taken some notes from what I have read here and we will be meeting soon with the attorney to go over some other things and I plan on asking these same questions of him.
Thank you for your time.

Beat wishes ~Amber
Did you read the document I posted?
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Old 04-22-2008, 3:06 PM
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Quote:
Originally Posted by Sweet_n_Spicy View Post
How does one check to see if that is the case or not with out going down and trying to buy a gun?
Send this this form to the CA DOJ. It needs a copy of the CA ID/DL, a right thumbprint, and notarization, and $20. He or his lawyer might need to submit the court paperwork relating to the recent court proceedings under 17(b) and 1203.4.
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Old 04-22-2008, 4:13 PM
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Quote:
Originally Posted by Blackwater OPS View Post
Did you read the document I posted?

Hello Mr. Blackwater OPS. We have a very close friend who is in Iraq right now who works for Blackwater. Maybe you two know one another. Send me a PM and I will give you his name. He was a cop for 13 years and retired to work as a security contractor. He and Stan a very close. He also runs a resorce website for people in the secruity business and I would be glad to pass that along as well.
Yes I read the doc and we forwarded all of this to the attorney. Stan goes tomorrow to sign the DOJ form and thumbprint to be sent off. Very exciting stuff.

Best wishes ~Stan
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Old 04-22-2008, 5:45 PM
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There is still a chance after getting approved by the state using the Personal Firearms Eligibility Check that the Feds under NICS may deny a transaction. Here is some information about how one goes about appealing a NICS denial. Another alternative to find out if a NICS denial will occur ahead of time would to make a Privacy Act request for ones own record. However a Privacy Act request may take significantly longer than a NICS denial information request & appeal.
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Last edited by mymonkeyman; 04-22-2008 at 5:49 PM..
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Old 04-22-2008, 5:54 PM
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Quote:
Originally Posted by LAK Supply View Post
Bill's right.... 17b is the reduction and 1203.4 is a dismissal or expungment. They are both the same for all purposes except for certain state contracts and positions.
This is not true, 1203.4 explicitly says it does not affect firearms rights:
Quote:
Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Section 12021.
A 17(b) is the only useful mechanism in California to restore firearm rights taken away due to commission of a crime, and it only applies to crimes that were wobblers and not domestic violence crimes. If you committed a domestic violence crime in California, or you are ineligible for 17(b) (i.e. you actually got sentenced to prison), you are banned for life (under Federal Law) absent a Governor's pardon.
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Old 04-22-2008, 6:38 PM
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Hello monkey.
Stan was convicted of a 459 (2nd degree) in 1990. In 2003 he went and had it reduced to a misdemeanor under penal code 17(b) and 1203.4. Both codes are checked and are on the petition. So it was reduced and then setaside from what we are told by the attorney.
So it seems from all that is being said here and by the attorney that he should have his gun rights back within a couple of months. The attorney said DOJ has 30 days to respond to his paper work that will be mailed tomorrow. Along with it we have collected 18 letters from friends and family and the larger amount coming from folks working in law enforcment and the local court.
Stan is a great guy and is regarded by many people here in town pretty highly. Most of his cop buddies say he was just un-lucky and got caught being a dumb kid. Since then he has been a very productive member of this community. And most importantly of all is he treats me like a princess .

Best wishes ~Amber



Quote:
Originally Posted by mymonkeyman View Post
This is not true, 1203.4 explicitly says it does not affect firearms rights:


A 17(b) is the only useful mechanism in California to restore firearm rights taken away due to commission of a crime, and it only applies to crimes that were wobblers and not domestic violence crimes. If you committed a domestic violence crime in California, or you are ineligible for 17(b) (i.e. you actually got sentenced to prison), you are banned for life (under Federal Law) absent a Governor's pardon.
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  #38  
Old 04-22-2008, 7:55 PM
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Quote:
Originally Posted by mymonkeyman View Post
This is not true, 1203.4 explicitly says it does not affect firearms rights:


A 17(b) is the only useful mechanism in California to restore firearm rights taken away due to commission of a crime, and it only applies to crimes that were wobblers and not domestic violence crimes. If you committed a domestic violence crime in California, or you are ineligible for 17(b) (i.e. you actually got sentenced to prison), you are banned for life (under Federal Law) absent a Governor's pardon.
One would not be useful without the other..... used in concert they will fully restore firearms rights and expunge the misdemeanor. I already covered the pardon on crimes that are strikeable or result in prison sentences in the other thread. In that case a pardon would be necessary from the governor.... 7 years from the last date the individual was on probation is the earliest date to apply; usually 10 years from the crime.
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Old 04-22-2008, 7:57 PM
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If this is the case, HE IS GOOD TO GO on owning a gun. There is no further you can go with this case; it is technically no longer a conviction. HOWEVER, it can still be brought up as a prior in he's ever in trouble again. 459(2) is a wobbler.... 459(1) is not and would require a pardon.


Quote:
Originally Posted by Sweet_n_Spicy View Post
Hello monkey.
Stan was convicted of a 459 (2nd degree) in 1990. In 2003 he went and had it reduced to a misdemeanor under penal code 17(b) and 1203.4. Both codes are checked and are on the petition. So it was reduced and then setaside from what we are told by the attorney.
So it seems from all that is being said here and by the attorney that he should have his gun rights back within a couple of months. The attorney said DOJ has 30 days to respond to his paper work that will be mailed tomorrow. Along with it we have collected 18 letters from friends and family and the larger amount coming from folks working in law enforcment and the local court.
Stan is a great guy and is regarded by many people here in town pretty highly. Most of his cop buddies say he was just un-lucky and got caught being a dumb kid. Since then he has been a very productive member of this community. And most importantly of all is he treats me like a princess .

Best wishes ~Amber
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Old 04-22-2008, 8:28 PM
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Quote:
Originally Posted by LAK Supply View Post
One would not be useful without the other..... used in concert they will fully restore firearms rights and expunge the misdemeanor.
This isn't true. 17(b) gets a felony down to a misdemeanor, but if the misdemeanor would still be disqualifying, either under CA law as within the 10 years and the category of crime, or under Federal Law for a domestic violence misdemeanor, then 1203.4 won't help you. 1203.4 explicitly disclaims having any effect on firearms rights.
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