Juvenile Record Question

[WillyKat]

Hi CalGunners, I have a question regarding a conviction. I have two convictions from when I was a juvenile, 243 (d) Felony and 236/237 PC Felony. Long story short, I was at a house party and some college guys came to the party and fought with a kid. When the guys took off everyone followed them outside and a big fight took place. Some of the college guys tried to get away and were beaten up. The high school kids were football players and more of a fight than the college guys thought it would be. Some people got hurt hence the aggravated battery charge. The holding of someone against their will was the guys trying to get away and beaten up. I never was in the fight but was there and apart of the house party. From what I understand everyone at the party was charged with the same charges and paid restitution for the guys medical bills. I'm not sure what happened to the guys, possibly broken nose.
Will this restrict me from obtaining a CCW in Placer County? This took place 23 years ago.
Thank you in advance for your responses. Please leave the negative comments to yourself. I already know I made bad choices when I was young.


Sincerely,

WillyKat

[Quiet]

Hi CalGunners, I have a question regarding a conviction. I have two convictions from when I was a juvenile, 243 (d) Felony and 236/237 PC Felony.

Long story short, I was at a house party and some college guys came to the party and fought with a kid. When the guys took off everyone followed them outside and a big fight took place. Some of the college guys tried to get away and were beaten up. The high school kids were football players and more of a fight than the college guys thought it would be. Some people got hurt hence the aggravated battery charge. The holding of someone against their will was the guys trying to get away and beaten up. I never was in the fight but was there and apart of the house party. From what I understand everyone at the party was charged with the same charges and paid restitution for the guys medical bills. I'm not sure what happened to the guys, possibly broken nose.

Will this restrict me from obtaining a CCW in Placer County? This took place 23 years ago.

Thank you in advance for your responses. Please leave the negative comments to yourself. I already know I made bad choices when I was young.

Sincerely,

WillyKat

Contrary to popular belief, in CA, juvenile records do not get automatically sealed when a person becomes an adult.

A person must petition the CA Courts to seal their juvenile records.

Felony conviction = cannot legally own/possess any firearm or ammunition under Federal laws [18 USC 922(g)(1)] and CA laws [PC 29800(a)(1)], even when the conviction occurred as a minor [PC 29800(b)].
^This is for life, unless the Courts reduce the felony conviction to a misdemeanor or expunge the felony conviction.

An applicant that lies on their CA CCW permit application about their past criminal convictions is guilty of a felony. [PC 26180(b)(2)]

Any felony convictions or lying on the application is grounds for denial. [PC 26195(a)]


You need to obtain a lawyer and get your criminal record resolved before you can legally own any firearms/ammunition or legally apply for a CA CCW permit.




Penal Code 242
A battery is any willful and unlawful use of force or violence upon the person of another.

Penal Code 243
(d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

Penal Code 236
False imprisonment is the unlawful violation of the personal liberty of another.

Penal Code 237
(a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170.

18 USC 922
(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
- to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Penal Code 29800
(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(3) Any person who has an outstanding warrant for any offense listed in this subdivision and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony.
(c) Subdivision (a) shall not apply to a conviction or warrant for a felony under the laws of the United States unless either of the following criteria, as applicable, is satisfied:
(1) Conviction of a like offense under California law can only result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

Penal Code 26180
(a) Any person who files an application required by Section 26175 knowing that any statement contained therein is false is guilty of a misdemeanor.
(b) Any person who knowingly makes a false statement on the application regarding any of the following is guilty of a felony:
(2) A criminal conviction.

Penal Code 26195
(a) A license under this chapter shall not be issued if the Department of Justice determines that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

[WillyKat]

I have been able to purchase firearms since 2012. No problem ever.

[WillyKat]

Contrary to popular belief, in CA, juvenile records do not get automatically sealed when a person becomes an adult.

A person must petition the CA Courts to seal their juvenile records.

Felony conviction = cannot legally own/possess any firearm or ammunition under Federal laws [18 USC 922(g)(1)] and CA laws [PC 29800(a)(1)], even when the conviction occurred as a minor [PC 29800(b)].
^This is for life, unless the Courts reduce the felony conviction to a misdemeanor or expunge the felony conviction.

An applicant that lies on their CA CCW permit application about their past criminal convictions is guilty of a felony. [PC 26180(b)(2)]

Any felony convictions or lying on the application is grounds for denial. [PC 26195(a)]


You need to obtain a lawyer and get your criminal record resolved before you can legally own any firearms/ammunition or legally apply for a CA CCW permit.




Penal Code 242
A battery is any willful and unlawful use of force or violence upon the person of another.

Penal Code 243
(d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

Penal Code 236
False imprisonment is the unlawful violation of the personal liberty of another.

Penal Code 237
(a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170.

18 USC 922
(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
- to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Penal Code 29800
(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(3) Any person who has an outstanding warrant for any offense listed in this subdivision and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony.
(c) Subdivision (a) shall not apply to a conviction or warrant for a felony under the laws of the United States unless either of the following criteria, as applicable, is satisfied:
(1) Conviction of a like offense under California law can only result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

Penal Code 26180
(a) Any person who files an application required by Section 26175 knowing that any statement contained therein is false is guilty of a misdemeanor.
(b) Any person who knowingly makes a false statement on the application regarding any of the following is guilty of a felony:
(2) A criminal conviction.

Penal Code 26195
(a) A license under this chapter shall not be issued if the Department of Justice determines that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

Back when you could call the DOJ they said I was good to go.

[Palmaris]

I do not have first hand experience. My friend?s son is in process getting CCW and he has two arrests. One of them for sure was juvenile-he stole game from store and got busted. I was thinking there was no conviction, but actually he was sentenced to 30 days in jail. Second arrest was-he was busted with his friend?s gun in the trunk, unloaded. Story is very complicated, but in short-his friend gifted him gun, but never transferred. Then he pass away and that moment kid was arrested. Back and forth-end up gun was transferred to my friend?s son and released by LAPD to him. No conviction was filed. He also got release paper from court and read it-he is not prohibited to own guns. After that he bought couple guns, one of them about month ago. He has couple speeding tickets. He went on interview with LAPD, he disclosed absolutely everything, including court papers and the rest. Detective sounded very happy that nothing was hidden and he said old issues should not affect decision on issue permit. For some reason his live scan took 50 days, but now everything clear. We will see how it will turn out. Now he is waiting approved/declined letter. I will post back once any result is available.

[WillyKat]

Thank you for the post.

[SDM44]

Felony conviction = cannot legally own/possess any firearm or ammunition under Federal laws [18 USC 922(g)(1)] and CA laws [PC 29800(a)(1)], even when the conviction occurred as a minor [PC 29800(b)].
^This is for life, unless the Courts reduce the felony conviction to a misdemeanor or expunge the felony conviction.

An applicant that lies on their CA CCW permit application about their past criminal convictions is guilty of a felony. [PC 26180(b)(2)]

Any felony convictions or lying on the application is grounds for denial. [PC 26195(a)]


You need to obtain a lawyer and get your criminal record resolved before you can legally own any firearms/ammunition or legally apply for a CA CCW permit.

I have been able to purchase firearms since 2012. No problem ever.

What you'll need to do is make sure your original cases were dismissed (felony charged reduced to a misdemeanor and then expunged). If not, then hire a lawyer to do this. Then once the petition for expungement is heard and granted, get a certified court copy of the order granting the dismissal/expungement PC 1203.4 / 1203.4a

This is what my friend had to go through for his ccw app and to get his FFL03 (DOJ required this), even though he's been able to vote and buy firearms for years.

[WillyKat]

What you'll need to do is make sure your original cases were dismissed (felony charged reduced to a misdemeanor and then expunged). If not, then hire a lawyer to do this. Then once the petition for expungement is heard and granted, get a certified court copy of the order granting the dismissal/expungement PC 1203.4 / 1203.4a

This is what my friend had to go through for his ccw app and to get his FFL03 (DOJ required this), even though he's been able to vote and buy firearms for years.

I spoke with juvenile probation today. I thought I was convicted of those charges but probation said they have zero record of this matter. They think the judge dismissed the case. I'm so confused but I will disclose it to the Sherriff's Dept. and see what happens. I'll keep you all posted so you're not scratching your heads wondering what happened. Many thanks to all who took the time to reply.

Have a blessed evening,

WillyKat

[dC0m]

FWIW;

The last class I took for an out-of-state CCW permit instructed everyone to detail any prior convictions no matter how long ago they were, or how minor the incident was. The rule was, it's better to be up front about it then having it come up during the background investigation (because it will come up) and having to explain to them that you were not trying to cover something up. The instructor gave an example of how he had a misdemeanor/felony as a minor and was upfront about it and still got his out of state CCW (compared to other students that tried to hide it and was outright denied).

Just my two cents...

[WillyKat]

FWIW;

The last class I took for an out-of-state CCW permit instructed everyone to detail any prior convictions no matter how long ago they were, or how minor the incident was. The rule was, it's better to be up front about it then having it come up during the background investigation (because it will come up) and having to explain to them that you were not trying to cover something up. The instructor gave an example of how he had a misdemeanor/felony as a minor and was upfront about it and still got his out of state CCW (compared to other students that tried to hide it and was outright denied).

Just my two cents...

Thank you for the info. I contacted the sherriffs ccw department and let them know about the juvenile past. They were very happy I disclosed it and said that shows I'm being upfront with them. Fingers crossed. My interview date is getting closer. I will keep you all posted.

[Palmaris]

Just want to give some update. Not sure if it is related to my friend’s son juvenile record. Detective called to all three references he provided and asked pretty much three questions-alcohol, narcotics and violence.

[Rickybillegas]

Just want to give some update. Not sure if it is related to my friend?s son juvenile record. Detective called to all three references he provided and asked pretty much three questions-alcohol, narcotics and violence.

Renewal or new application?
Which Agency?

[WillyKat]

New application in Placer.
The detective was nice but the 30 minutes was not enough time to be honest. I felt like what I explained was not written as I explained and was a bit confused. I don't blame the detective because we had a bit to go through. My past my fault. I hope it works out but if it doesn't it's God's will and I accept it.

[Ol'Chap]

New application in Placer.
The detective was nice but the 30 minutes was not enough time to be honest. I felt like what I explained was not written as I explained and was a bit confused. I don't blame the detective because we had a bit to go through. My past my fault. I hope it works out but if it doesn't it's God's will and I accept it.

Amen, WillyKat!

[Palmaris]

Renewal or new application?
Which Agency?

New applicant, LAPD.