Juvenile Record Question

[Bunnysloper]

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.

Is the 30 minutes you are referring to, is this your interview. If you had your interview already. I?m surprised they did not ask you a written statement detailing the matter along with court documents. Of course, all IA are different. I had a misdemeanor as an adult and was asked to do just that.

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.

Have your friend?s son completed his training. From what I have observed, turnaround time is about 30 days. Once you are given the go ahead for training, it?s an indication that you are approved.

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.

They ask for written statement and court documents.


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[WillyKat]

[QUOTE=Bunnysloper;28394781]Is the 30 minutes you are referring to, is this your interview. If you had your interview already. I?m surprised they did not ask you a written statement detailing the matter along with court documents. Of course, all IA are different. I had a misdemeanor as an adult and was asked to do just that.



The 30 minute interview was not enough time. I was only asked about one of my convictions. I included a livescan and written statements for each incident. Not a lot of talking as if the decision was already made. I cannot say that was the case but it felt like it. Like I said before, the detective was nice but I believe some of the information that was written down wasn't factual 100% on his behalf. I'm by no way stating it was malicious but there was a chunk to go through and not enough time to go through it in detail. My past my fault. I'm looking at appeal options with the court but I'm not sure if the judge can or will overturn the restricted person denial. Also would it become public information I go through the court for a petition of writ mandate?

[Palmaris]

Have your friend?s son completed his training. From what I have observed, turnaround time is about 30 days. Once you are given the go ahead for training, it?s an indication that you are approved.
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I was pushing him to do training, but he said he wants to wait for approval. I had my training done before interview and it speed up process tremendously, like 5-6 weeks faster. LAPD issues permits once in 3 weeks-go figure! I knew my pick up date 4 weeks after interview.

[Palmaris]

Now I can update-today that guy got approval letter. So, LAPD did what they suppose to do-no recent issues with law, whatever traffic tickets.

[RickD427]

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.

It's important to note the very few juvenile offenses result in a "Conviction." California law provides for the majority of juvenile criminal cases to be resolved without a conviction (please refer to WIC section 602 for the process).

In order for a juvenile to be convicted of an offense, the prosecutor must show that the juvenile is not suited for the non-criminal process of WIC 602 and that he/she/it/other is charged with an enumerated serious offense (please refer to WIC section 707 for the process.)

Only those juveniles who were convicted under the WIC 707 process are prohibited from firearms possession under PC section 29800(b). Juveniles whose criminal charges were resolved under the WIC 602 process are not prohibited under section 29800(b).

However please see Penal Code section 29820 which provides a firearms disability, to the age of 30, to persons who were the subject of sustained WIC 602 petitions for enumerated charges (primarily serious felonies).

I have very limited experience with the federal statutes in this area, but have found no violation of federal law imposing a firearms disability on a person who was the subject of a sustained WIC 602 petition on felony charges without there being a corresponding conviction under WIC 707.

[RickD427]

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.

You can't use PC 1203.4 for Juvenile Court cases.

Additionally, an expungment of an adult court conviction for a felony does not restore firearms rights.

Folks who have successfully ventured down that road seek to have felony convictions reduced to a misdemeanor under PC section 17. Most then additionally pursue the expungment to "clean up" the record, but its the reduction that restores the rights.

[Palmaris]

Final-that kid I was talking earlier got email to pick permit Tue next week.