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  #41  
Old 09-01-2008, 10:28 PM
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Quote:
Originally Posted by egnilk66 View Post
So, what I don't understand is this....Does it only take a DV "Charge" or a DV Conviction to be banned? Because anyone can easily CHARGE something that didn't really ever happen. And, what if the DV Charge ended up in a "disturbing the peace" conviction??
If you are arrested or have a police report filed about you even if the prohibiting charges are dismissed but you plead down or plead to anything in the police report you can be banned for life.http://www.fbi.gov/hq/cjisd/nics/mcdvbrochure.pdf

The CAL doj will see that you have an arrest record and investigate further. Even if the FEDs say that you are not prohibited the clerk will look at the "police report" and "non court documents" and make a decision. They can determine that you acted with "boisterousness" in were "unreasonably loud" and will ban you for life even if the court says it was not Domestic Violence. I gave an accurate account in another thread of a guy who had the police called on him by someone who wanted to harm his relationship,not the victim,and was caught up in this. The DA dismissed the DV charges before his attorney even asked for a plea bargin and he is still banned.
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  #42  
Old 09-02-2008, 4:57 AM
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Well, that's similar to my case. It doesn't make a whole lot of sense to me. Guilty even after proven innocent, eh. I wonder if I can get a trial 8 years later.
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  #43  
Old 09-02-2008, 12:43 PM
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Background checks need to be eliminated completely. The bad guys who want a gun to commit violent crimes will buy them on the street, sans background check. These laws only make it easier for the criminals to find unarmed victims.
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It's been more than 50 years since the US Supreme Court declared it unconstitutional to require a test and a tax for people to exercise their right to vote. Why is my right to carry a gun any different? I don't want a permission slip from a bureaucrat; I don't want to pay a tax or take a test. "Shall issue" is NOT good enough.
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  #44  
Old 09-06-2008, 4:09 AM
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That may be....but how do we get our rights back until then? I can't get a pardon from the Governor because it's a misdemeanor that is not of a sexual nature. http://www.cdcr.ca.gov/Divisions_Boa...for_pardon.pdf

Can I withdraw my plea and go to trial? The case has no merit, will the DA even pick it up and try for a prosecution?

I am totally lost here. I can't believe that I plead to something lower and still have the same sentence.
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  #45  
Old 09-06-2008, 4:12 AM
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I believe I stand corrected:

The traditional pardon procedure is available to those who are not eligible for a Certificate of Rehabilitation. This procedure is used primarily by those who were convicted of felonies in California and now reside outside the state. The traditional pardon procedure is also available to individuals who are not eligible for a Certificate of Rehabilitation because they have been convicted of sex offenses under Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j), and those convicted of misdemeanor offenses. The traditional pardon procedure is covered by Penal Code sections 4800-4813.

Last edited by egnilk66; 09-06-2008 at 4:14 AM..
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  #46  
Old 09-16-2008, 11:23 AM
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Quote:
Originally Posted by Blackwater OPS View Post
It's down
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  #47  
Old 09-16-2008, 11:27 AM
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Yeah, I should have the new site up ASAP.
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  #48  
Old 09-16-2008, 1:37 PM
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Quote:
Originally Posted by Blackwater OPS View Post
Yeah, I should have the new site up ASAP.
The link has been dead for over 2 months. I can't find the PDF anywhere else on their site either.
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  #49  
Old 09-18-2008, 4:24 AM
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It pretty damn hard to get convicted of a Felony in California. Even non wobbler straight felonies are often filed as Misdemeanors by the DA's.

Ive seen 273.5 filed as a misd.
245 filed as a misd.
DUI with injuries or death filed as a misd.

What they hell are you guys doing that you were arrested, charged and convicted for a felony?
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  #50  
Old 09-18-2008, 12:02 PM
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.................
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"A fear of weapons is a sign of retarded sexual and emotional maturity."
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Originally Posted by ar15barrels View Post
It makes it bigger and longer.

Last edited by BigBamBoo; 08-03-2011 at 8:37 AM..
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  #51  
Old 09-18-2008, 12:14 PM
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Quote:
Originally Posted by SteveH View Post
It pretty damn hard to get convicted of a Felony in California. Even non wobbler straight felonies are often filed as Misdemeanors by the DA's.

Ive seen 273.5 filed as a misd.
245 filed as a misd.
DUI with injuries or death filed as a misd.

What they hell are you guys doing that you were arrested, charged and convicted for a felony?
There are 58 DAs, remember. Your mileage may vary. It also depends on whether or not your local LEOs have small-town-cop mentality. I've seen 496 and 12020 cases held on no-bail, with felony convitions.
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  #52  
Old 09-18-2008, 1:55 PM
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Quote:
Originally Posted by MudCamper View Post
There are 58 DAs, remember. Your mileage may vary. It also depends on whether or not your local LEOs have small-town-cop mentality. I've seen 496 and 12020 cases held on no-bail, with felony convitions.
Here 12020 is an OR offense and filed as a misdmenaor punishable by 1-year of information probation.

I've seen career crooks arrestd 30 or more times for grand theft, burglary, identity theft, ADW, ect never pick up a felony conviction.
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  #53  
Old 09-20-2008, 8:52 PM
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Ok, link in the OP works now.
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  #54  
Old 09-23-2008, 12:01 AM
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Quote:
Originally Posted by SteveH View Post
Here 12020 is an OR offense and filed as a misdmenaor punishable by 1-year of information probation.

I've seen career crooks arrestd 30 or more times for grand theft, burglary, identity theft, ADW, ect never pick up a felony conviction.
Where are you located? SF is like that with most crimes but if the cops are called on you by a neighbor for dv it's game over. They will spend 10s of thousands to get your rights banned.
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  #55  
Old 10-10-2008, 11:11 AM
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Quote:
Originally Posted by jondough View Post
Just thought I would chime in this thread, as I originally came here to read discussion on the DC vs Heller decision and spotted this thread.

Yes, Felons can get thier gun rights restored. I was convicted in 2002 of a felony, non-voilent, non-gun, non-drug related, the court even allowed me to transfer my guns that I had to a family member. who kept them for me until i completed probation (5yrs) upon succesfully completing probation, we petitioned to judge to reduce my felony to a misdemeanor, and for expungement which was granted.

2 days later, walked in gun shop, bought me my first gun in 6 years, cleared NICS. and walked out the door, 3 months later, I was issued my Concealed Weapons Permit.

So yes, some felons can have thier rights restored. Luckliy I live in a gun freindly state of Idaho.
You had your felony reduced to a misd that's why your rights were restored if it had remained a felony I doubt they would be!In CA there are misdemeanors that carry a lifetime ban on firearms ownership .
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  #56  
Old 10-10-2008, 11:22 AM
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Quote:
Originally Posted by SteveH View Post
It pretty damn hard to get convicted of a Felony in California. Even non wobbler straight felonies are often filed as Misdemeanors by the DA's.

Ive seen 273.5 filed as a misd.
245 filed as a misd.
DUI with injuries or death filed as a misd.

What they hell are you guys doing that you were arrested, charged and convicted for a felony?
I worked in the court systems in NYS & CA for 37 years saw lots of felony convictions that added to the corrections population. There are misdemeanor convictions in Cal that can cause a lifetime ban on firearms possession .
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  #57  
Old 10-26-2008, 9:58 PM
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I read this whole thread because a friend at work is going through this same thing.

His situation.

When he was 18 he committed an armed robbery with someone else and was convicted of aggravated robbery due to not having a weapon or making the threats. This was in Louisiana 34 years ago. He received a three year sentence, got out in one, received a pardon from the governor after five more years due to him becoming a minister and doing work with the prison lot.

Fast forward 34 years.

He is still ministering at his congregation, even gets to marry folks. He is very religious, works with drug addicts, never becomes angry. At his day job going hunting is popular so he thought why not and tried to buy a firearm. He filled out the form NO for felony conviction due to the governor's pardon.

He was denied but was not subject to perjury prosecution. He is trying to restore his rights himself and filled out lots of DOJ paperwork but no one at DOJ will answer him if he is even eligible for rights restoration. He had purchased firearms in Louisiana many years ago so it appears to be a DOJ thing and not a Fed thing. He gets the slack jaw stare when dealing with the government robotons.

So my question is???

Does a governor's pardon qualify someone in CA for restoration of firearms rights? Is there some rule that he must get a pardon from a CA governor to make this happen?

I read this thread and do not understand this and all this wobbler thing. It sounds like he may have been better off asking for a reduction to a misdemeanor rather than a pardon as those that had rights restored did this. I did not read anyone that received a governor's pardon getting his rights restored so is that even an option?

I would like all the highly learned (because they are members at all the gun/law forums and read it all day long) internet lawyers here at Calguns to chime in on this one so I can pass the information on like if it is worth him hiring a lawyer or if that's a waste of time and money.

Please help me help a friend who is the kind of person we want to be a firearms owner to stop those liberal ministers that preach firearms are evil.
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  #58  
Old 10-28-2008, 1:57 PM
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.................
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"A fear of weapons is a sign of retarded sexual and emotional maturity."
- Sigmund Freud

Quote:
Originally Posted by ar15barrels View Post
It makes it bigger and longer.

Last edited by BigBamBoo; 08-03-2011 at 8:37 AM..
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  #59  
Old 12-11-2008, 9:12 PM
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Does anyone know a good (affordable) attorney in San Diego who knows how to restore firearm rights?
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  #60  
Old 12-11-2008, 10:32 PM
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...............

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  #61  
Old 12-12-2008, 5:07 AM
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Quote:
Originally Posted by BigBamBoo View Post
Pretty much ANY attorney can file a 17(b)....getting your gun rights back depends on if your felony is a "wobbler" or not. Just look in the phone book and call one of the criminal lawyers....they will explain it all to you.

Good luck,Stan
Stan, you might be shocked to learn how many attorneys don't fully grasp the implications of a 17(b) reduction. I've run into criminal attorneys with more grey hairs than there are stars in the galaxy, and not one understood that 17(b) (all other things being equal) will restore firearms rights.

On the flip side, I even recall one instance where a judge granted a 17(b) motion but specifically stated in the written order and memorandum that the party still could not have firearms (written in as a warning/admonition), which in that case was plainly untrue.

There's lots of FUD out there re: 17(b) still. One reason is that plenty of attorneys confuse it with the 1203.4 motion. I don't know why, but they do.
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  #62  
Old 12-12-2008, 11:06 AM
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When laws become so appressive, then one is called an OUTLAW.
Because the system don't work anymore.
ALL rights like voting and all other rights might also be "taken away".
If its gun rights only then the laws are NOT equitable, and thats called
"Selective Discrimination". In other words to form an "Agenda".
Excluding personal liberty of anykind.
One way to restore gun rights is to move to a state that see's the laws differant, like Montana, Idaho, or Kentucky. After your time is done Probation
your rights will be restored.
The 2A was,an affermation as to a long standing understanding that one HAS
the right to self-defence, in all causes, with anything that works best guns
Included. The right to self-defence is a GOD given right.
No government has the right to deny a person to that, SO they are trying to deny the "TOOLS" one might use to help save their life or some one else's life.
In Australia when guns were banned, they started carrying swords, then the government started passing laws on swords also. A "No win situation".
In England long bows, also must be registered with serial numbers on them.

We must look to the legislators, making these laws to see if it was their Intent to bad X-felons from all their rights. If not then It was a "Commity" that has been deciding the fate and the laws of this state.
Thre US. Forest Service by commity makes its own laws now, asside from Congress. Just like the Calif fish & game do.

Good Luck ! Robin47
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  #63  
Old 01-04-2009, 3:53 PM
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Default This is my situation

This is my issue. I was granted the 17b and 1203.4 and my order had this warning. My reduction and expungement happended prior to some of the CA Court of Appeals rulings on the effects of reduction and expungement, so I am thinking that CA DOJ is the main roadblock for me.


On the flip side, I even recall one instance where a judge granted a 17(b) motion but specifically stated in the written order and memorandum that the party still could not have firearms (written in as a warning/admonition), which in that case was plainly untrue.

There's lots of FUD out there re: 17(b) still. One reason is that plenty of attorneys confuse it with the 1203.4 motion. I don't know why, but they do.[/QUOTE]
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  #64  
Old 01-05-2009, 9:03 AM
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.................

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  #65  
Old 01-05-2009, 9:40 AM
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rhvm, Do you mean to say that you have paperwork from the court that both grants a reduction to misdemeanor per 17(b) and also states that you cannot possess a firearm? Or is it the generic 1203.4 warning about disclosing convictions when applying for licensure by the state?
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  #66  
Old 01-22-2009, 12:32 AM
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Quote:
Originally Posted by Dark Water View Post
Is it even possible for a convicted felon to get there 2nd ammendment rights restored? This is all news to me.
A presidential pardon will do the trick. Bill Clinton granted clemency to a drug offender friend who needed guns to hunt in Arkansas. Don't even ask Obama, cuz he comes from an anti-gun hell called Chicago...
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  #67  
Old 01-22-2009, 12:08 PM
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Quote:
Originally Posted by cousinkix1953 View Post
A presidential pardon will do the trick. Bill Clinton granted clemency to a drug offender friend who needed guns to hunt in Arkansas. Don't even ask Obama, cuz he comes from an anti-gun hell called Chicago...
A presidential pardon is only for Federally convicted felons whos case was adjudicated in a US federal district court......otherwise state felons apply to the Governor of the state. That is as far California is concerned i dont know how other states operarate...well maybe Nevada! hope this helps
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  #68  
Old 01-22-2009, 1:22 PM
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In CA, even in cases where you cannot 17(b) (i.e. no wobbler) you can still apply for a certificate of rehabilitation which acts as an application for gubernatorial pardon which WILL restore 2A rights.
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  #69  
Old 01-24-2009, 4:36 PM
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Working link is here http://www.calgunlaws.com/index.php/...aries/530.html
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Old 01-31-2009, 7:59 PM
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Is it possible to have your gun rights restored in CA (or any state) if you've been convicted of felony assault with a deadly weapon? Now before everyone goes nuts let me explain the situation.

Back in 04 when my brother was 18 were were both fooling around with a knife (I know we were stupid) and I tripped over my feet and as I fell on him he was still holding onto the knife and when he put his hands up to protect himself I cut my arm on the blade. The next day I go to the doctor's office and explained how the cut happened but by law the dr. reported the incident and my brother was arrested a charged with felony assault with a dealdy weapon. I explaind the incident to the DA but they didn't want to drop the charges and he didn't have money for an attorney so he plead guilty. He was sentenced to only 3 months in county jail and released in 1 and a half for good behavior and under the deal the DA said he would not oppose to have the felony reduced to a misdomeanor once his probation was up and he paid his restitution fees all of which have been done and has not been in trouble since nor has he been in in trouble with the law prior to this.

Since we come from a family that is fairly big on guns, he understandably feels left out when we go hunting or do any sort of activity that involves firearms so would it be possible for him to have his gun rights restored?
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Old 01-31-2009, 8:06 PM
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Quote:
Originally Posted by SithLord3000 View Post
Is it possible to have your gun rights restored in CA (or any state) if you've been convicted of felony assault with a deadly weapon? Now before everyone goes nuts let me explain the situation.
Some misdemeanors are a 10 year prohibition on firearms, and I think some others are lifetime. I do not know exactly which ones though. I believe they are listed somewhere in PC 12021...
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  #72  
Old 02-06-2009, 12:14 AM
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Original URL doesn't work for me
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  #73  
Old 02-06-2009, 9:44 AM
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Quote:
Originally Posted by heyjerr View Post
Original URL doesn't work for me
Here is the original CDM 17(b) memo:

http://www.paul.net/guns/CDM_Memoran..._of_rights.pdf

I don't know why it's gone from their site. If I am not supposed to republish it, I will take it down if asked.
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  #74  
Old 02-06-2009, 10:12 AM
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Quote:
Originally Posted by MudCamper View Post
There are 58 DAs, remember. Your mileage may vary. It also depends on whether or not your local LEOs have small-town-cop mentality. I've seen 496 and 12020 cases held on no-bail, with felony convitions.
Please feel free to visit Orange County - you will see all sorts of unnecessary felony charges in cases involving all of the charges you mentioned and more. Apparently there is always lots of room in OC jails.
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  #75  
Old 03-10-2009, 1:55 PM
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Somewhat off-topic but on the same page as the 17(b) filing

The wording of 17(b) states

Quote:
Once a court has reduced a wobbler as a misdemeanor pursuant to section 17, the crime is thereafter regarded as a misdemeanor "for all purposes"
Would this also restore the chance of working as a LEO?
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  #76  
Old 03-10-2009, 3:09 PM
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Quote:
Originally Posted by booga View Post
Somewhat off-topic but on the same page as the 17(b) filing

The wording of 17(b) states



Would this also restore the chance of working as a LEO?
Maybe, maybe not. See Govt. Code 1029:

1029. (a) Except as provided in subdivision (b), (c), or (d), each
of the following persons is disqualified from holding office as a
peace officer or being employed as a peace officer of the state,
county, city, city and county or other political subdivision, whether
with or without compensation, and is disqualified from any office or
employment by the state, county, city, city and county or other
political subdivision,...which confers upon the holder or employee the powers and duties of a peace
officer:
...

(a)(3) Any person who, after January 1, 2004, has been convicted of a
crime based upon a verdict or finding of guilt of a felony by the
trier of fact, or upon the entry of a plea of guilty or nolo
contendere to a felony. This paragraph shall apply regardless of
whether, pursuant to subdivision (b) of Section 17 of the Penal Code,
the court declares the offense to be a misdemeanor or the offense
becomes a misdemeanor by operation of law.

But,...

(b)(2) A person who pleads guilty or nolo contendere to, or who is
found guilty by a trier of fact of, an alternate felony-misdemeanor
drug possession offense and successfully completes a program of
probation pursuant to Section 1210.1 of the Penal Code shall not be
disqualified from being a peace officer solely on the basis of the
plea or finding if the court deems the offense to be a misdemeanor or
reduces the offense to a misdemeanor.

From what I gather, POST wanted this change (along with other types of authority) in the recent past. Not being an LEO, I don't know the dynamics of 'why'.
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  #77  
Old 03-11-2009, 5:06 AM
booga booga is offline
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For those who have filed 17(b)

How long did it take from filing to letter of "approval"

Specify if filing with lawyer or without.
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  #78  
Old 03-24-2009, 5:22 PM
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BigBamBoo BigBamBoo is offline
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..............

Last edited by BigBamBoo; 08-03-2011 at 8:38 AM..
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  #79  
Old 03-24-2009, 10:07 PM
anthonyca anthonyca is offline
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Quote:
Originally Posted by BigBamBoo View Post
About a month for me. I used an attorney for my filing.

Good luck,Stan
I recomend using an attorney well versed in FIREARMS LAW when making and attempt to restore rights and not accidently make the situation worse.
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  #80  
Old 03-25-2009, 12:24 PM
tknc99 tknc99 is offline
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I'm curious, keep us informed
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