Restoring Firearms Possession Rights in California

[hierro]

Hello, I'm waiting for my pfec to come back from DOJ now. I have two questions, does the 17b motion clear up the Federal prohibition caused by the original California conviction? And how do you answer the question on the DROS form that asks have you ever been convicted of a felony, is it "Yes, but it was reduced to a misdemeanor", or "No" ? I can't wait, my original attorney told me there was no restoration of rights in California and anyone that told me different was wrong. So I have 5 wasted years from the date my DUI was reduced to a misdemeanor. Any advice would be appreciated.

Clint

[calnurse]

Clint,
I would contact a firearms attorney. My friend had a problem on whether or not he could own firearms. He contacted the ATF initially and their attorney would not give him a straight answer. He then contacted Gun Owners of America and they referred him to an attorney in California. He obtained all pertinent records of the case and had to pay about $500 (just an estimate) for attorney review; after about a year, it was determined he was eligible to own one. Of course each case is different and some individuals may not get their rights restored. That would be my advice. Good luck!!

[hierro]

Thanks for the advice. I have contacted an attorney recommended by the NRA-ILA. I am waiting on my PFEC to see what Cal DOJ has to say. Mainly I'm worried that the paperwork for my 17b reduction from the county was never forwarded to the DOJ 5 years ago.

Clint.

[egnilk66]

Has anyone used the Attorneys that sponsor this page? Trutanich, Michel, something?

[hierro]

egnilk66, I have spoken with them over the phone. They are the ones that convinced me that my original attorney is full of a substance coming out of the southfacing end of a northbound bull. If I need to hire an attorney after getting back my pfec, I will be hiring them even though I am in Northern California.

Clint.

[edwardm]

I'm not surprised that you can't get accurate and valid information from attorneys about 17(b) reductions and their effects on wobbler convictions. As I've stated before, for some reason many attorneys confused 1203.4 *expungements* with 17(b)-based *reductions* (technically it's a declaration by the court that the offense is thereafter a misdemeanor for "all purposes".)

17(b) reduces an offense to a misdemeanor and if the resulting misdemeanor is not a prohibiting offense on either the State or Federal levels, you're good to go.

Another problem that comes up is Cal DOJ either never receives the updated conviction disposition from the county court, or Cal DOJ gets the information, but never (or inaccurately) updates your record in the Automated Criminal History System.

Either way, you're wasting money away hiring big guns at the outset, even if the PFEC comes back negative. And ordering a PFEC is NOT the right/best way to start this process, for the record.

FIRST, you order a copy of your criminal history and make sure everything is current and updated, shows the 17(b), etc. THEN you file your PFEC and see what happens. It's quite possible your offense was not actually ever reduced, merely expunged and you'll see a 1203.4 entry, but not a 17(b) entry.

I'm so tired of lawyer FUD about 17(b), 1203.4, etc.

Originally Posted by hierro

egnilk66, I have spoken with them over the phone. They are the ones that convinced me that my original attorney is full of a substance coming out of the southfacing end of a northbound bull. If I need to hire an attorney after getting back my pfec, I will be hiring them even though I am in Northern California.

Clint.

[rustycase]

Originally Posted by 1911_sfca

I don't agree with having this thread sticky. It could give people the wrong impression that Calguns promotes granting/restoring gun rights to convicted felons. I don't have any problem with the information on the law being here, but do we really want to "promote" it? JMHO.

And I can understand that, yet what we should promote is rule of law.

If someone jumps through the hoops to satisfy law, so be it.

If another does not feel bound by what is obviously bad law on it's face,
well, I can understand that, also.

I have a God given right to own property.
...to the exclusion of all others.

[jggonzalez]

Originally Posted by 1911_sfca

I don't agree with having this thread sticky. It could give people the wrong impression that Calguns promotes granting/restoring gun rights to convicted felons. I don't have any problem with the information on the law being here, but do we really want to "promote" it? JMHO.

I'm with you. Except in rare circumstances, I figure if you've committed a felony, you can't be trusted with a gun. We need to start thinking about right/wrong instead of legal/illegal. Just because a lawyer can fix it doesn't make it right.

[jggonzalez]

I'm not going to beat up on you. You're entitled to your opinion and I respect that.

As for the rest of your point, I get what you're saying, but I've seen too many felonies involving murder, rape, and drugs get swept under the rug. If someone commits one of those, then I don't think they should be allowed to rejoin society so they can just do it again. I especially don't trust their judgement with a gun. If someone is busted for selling pot, then they deserve what they get. They made a conscious choice to disregard society's laws and now they will face consequences. If it affects their family, then maybe they should have thought of that before they committed the crime.

I've had family members and friends hurt by felons and it really gets me sick. I even had a 92 year-old grandfather beaten to death in his own home during a home invasion late at night. He gave them what little money he had, but was unable to find any more because it was all in the bank, so they beat him to death. Sorry, but for crimes like that I don't buy this "paid my debt to society and I'm clean now" argument. I know a gun would have given him a chance, and that's why I keep mine loaded in a mini-vault, but that still doesn't excuse the goblins who killed him.

[BHP FAN]

Wow.+1 for Freddie.

[B.D.Dubloon]

Holy ****, look at the size of that dog's head!

[scr83jp]

The following should lose they 2nd amendment rights for life:anyone armed while committing a crime, recidivistic dui drivers who injure or kill,sexual predators also should be emasculated.Calif has some laws for bangers who shoot at occupied residences conviction lose right to be armed for life.I met a lot of dangerous scary felons when I worked that I'd never want to see armed no matter how someone sees them as rehabilitated.

[scc1909]

Originally Posted by Blackwater OPS

The SD won't take me out of the system. I wish I had the money to sue them, but I don't so I have to wait.

I am trying to figure out what he's talking about, but don't understand the reference to "SD". Can someone clear this up for me? TIA!

[5150bronco]

thanks for the information and references.

[Timer]

Been down this road. The best thing to do is call the public defenders office and ask them. They are da's in training. they will try and help, if all goes well send the doj a pfec and see what it says. Hope this helps. helped me get past my mistake. You can also use google for a list of offenses that can be reduced and/or offenses that carry lifetime or 10 year ban. you can file all the paperwork yourself if you want.

[faterikcartman]

I know someone with a federal felony tax evasion conviction (no state crimes) -- any ideas if he could get his rights restored?

[slomofo]

Originally Posted by faterikcartman

I know someone with a federal felony tax evasion conviction (no state crimes) -- any ideas if he could get his rights restored?

http://en.wikipedia.org/wiki/Second_Chance_Act