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#41
09-01-2008, 9:28 PM
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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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#43
09-02-2008, 11:43 AM
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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.
__________________
www.freestateproject.org - Liberty In Our Lifetime. www.madison-society.org - the people who brought us Nordyke and long-time litigation group. 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
09-06-2008, 3:09 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
09-06-2008, 3:12 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 3:14 AM..
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#46
09-16-2008, 10:23 AM
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__________________
False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. -- Cesare Beccaria http://www.a-human-right.com/
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#48
09-16-2008, 12:37 PM
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#49
09-18-2008, 3:24 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
09-18-2008, 11:02 AM
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.................
__________________
Bring hay for my horse....wine for my men....and mud for my turtle! What do you hear ???...... Nothing but the rain. Well grab your gun and bring in the cat. "A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud Quote:
Last edited by BigBamBoo; 08-03-2011 at 7:37 AM..
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#51
09-18-2008, 11:14 AM
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#52
09-18-2008, 12:55 PM
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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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#54
09-22-2008, 11:01 PM
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#55
10-10-2008, 10:11 AM
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#56
10-10-2008, 10:22 AM
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#57
10-26-2008, 8:58 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
10-28-2008, 12:57 PM
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.................
__________________
Bring hay for my horse....wine for my men....and mud for my turtle! What do you hear ???...... Nothing but the rain. Well grab your gun and bring in the cat. "A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud Quote:
Last edited by BigBamBoo; 08-03-2011 at 7:37 AM..
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#61
12-12-2008, 4:07 AM
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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.
__________________
More regimes have been brought, piecemeal, to their knees by what was once called “Irish Democracy”—the silent, dogged resistance, withdrawal, and truculence of millions of ordinary people—than by revolutionary vanguards or rioting mobs.
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#62
12-12-2008, 10:06 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
01-04-2009, 2:53 PM
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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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#65
01-05-2009, 8:40 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?
Last edited by MudCamper; 01-05-2009 at 8:43 AM..
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#66
01-21-2009, 11:32 PM
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#67
01-22-2009, 11:08 AM
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#68
01-22-2009, 12:22 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
01-24-2009, 3:36 PM
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Working link is here http://www.calgunlaws.com/index.php/...aries/530.html
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#70
01-31-2009, 6:59 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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#71
01-31-2009, 7:06 PM
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#73
02-06-2009, 8:44 AM
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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. Last edited by MudCamper; 02-06-2009 at 10:12 AM..
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#74
02-06-2009, 9:12 AM
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#75
03-10-2009, 12:55 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:
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#76
03-10-2009, 2:09 PM
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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'.
__________________
More regimes have been brought, piecemeal, to their knees by what was once called “Irish Democracy”—the silent, dogged resistance, withdrawal, and truculence of millions of ordinary people—than by revolutionary vanguards or rioting mobs.
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#79
03-24-2009, 9:07 PM
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