DOJ CAME BACK PROHIBITED

[xjrand20]

So I finally heard back from Turners on my purchase attempt that is came back as "Prohibited". I believe it's because of a felony from 2000 that I went to court and had expunged after completing the probation. As I read section 11c on the application...isn't expungement an exception?

I look forward to your responses.

[vino68]

Well, while I have never personally had this happen it is my understanding from reading the many post about this is to first wait for the denial letter from the DOJ which will state the nature of the prohibition. Based on that information you can begin to plan a course.

[Dooder]

An old colleague of mine got his felony expunged but it had stipulations including denial of gun rights. Is there a way to check the details of your expungement?

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[vino68]

Not necessarily. An old colleague of mine got his felony expunged but it had stipulations including denial of gun rights. Is there a way to check the details of your expungement?

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He may need a lawyer in such a situation.

[CenterX]

contact your legal representative, i.e. lawyer whom helped you on the expungement. nobody here can help on this.

[9mmContagion]

So I finally heard back from Turners on my purchase attempt that is came back as "Prohibited". I believe it's because of a felony from 2000 that I went to court and had expunged after completing the probation. As I read section 11c on the application...isn't expungement an exception?

I look forward to your responses.

[RickD427]

So I finally heard back from Turners on my purchase attempt that is came back as "Prohibited". I believe it's because of a felony from 2000 that I went to court and had expunged after completing the probation. As I read section 11c on the application...isn't expungement an exception?

I look forward to your responses.

Nope. A California expungement of a felony conviction don't change nothing. You remain a prohibited person. Please refer to Penal Code section 1203.4(a)(2).

Sorry

[xjrand20]

My felony was none violent. Most of you are saying some things I've heard. I've reached out to a firearms atty. I know part of my expungement allows me to legally answer "NO" to the question of being convicted of a felony. My paperwork also states the felony was set aside. Thank you for the responses.

[????? ????]

A dismissal under Penal Code section 1203.4, or "expungement" as it commonly is known, does not restore a convicted felon's right to possess firearms. Penal Code section 1203.4, subdivision (a), paragraph (2) explicitly says:

(2) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.

Likewise, the official "Order for Dismissal" from the judge on Judicial Council form CR-181 says:

The dismissal does not permit a person to own, possess, or have in his control, a firearm if prevented by Penal Code sections 29800 or 29900 (formerly sections 12021 and 12021.1).

Often, a reduction to a misdemeanor under Penal Code section 17(b) is often sought in combination with the dismissal under Penal Code section 1203.4, and a reduction to a misdemeanor may in some circumstances restore a person's right to own a firearm.

If a reduction to a misdemeanor isn't possible, then a person will have to seek a pardon from the Governor in order to have one's rights to possess firearms restored.

[RickD427]

My felony was none violent. Most of you are saying some things I've heard. I've reached out to a firearms atty. I know part of my expungement allows me to legally answer "NO" to the question of being convicted of a felony. My paperwork also states the felony was set aside. Thank you for the responses.

Where did you get the idea that you could legally answer "no" to the question?

The California DROS form contains no such provision.

The federal Form 4473 does allow you to answer "no" to the felony conviction question (11c) if your pardon, expungement, or set aside, includes the restoration of firearms rights under state law. Assuming that your conviction was in California, the law makes no such provision and you therefore cannot legally answer "no" to the Form 4473 question.

[????? ????]

My felony was none violent. Most of you are saying some things I've heard. I've reached out to a firearms atty. I know part of my expungement allows me to legally answer "NO" to the question of being convicted of a felony. My paperwork also states the felony was set aside. Thank you for the responses.

Whether your felony was under the legal definition of "violent" doesn't matter. What matters is if you were convicted of a felony. For firearm purposes, the PC1203.4 "expungement" doesn't matter, because PC1203.4 specifically says it's not erased for firearm prohibition purposes.

PM me details and I can give you a better idea of what to do next.

[NorcalGSG]

Where did you get the idea that you could legally answer "no" to the question?

The California DROS form contains no such provision.

The federal Form 4473 does allow you to answer "no" to the felony conviction question (11c) if your pardon, expungement, or set aside, includes the restoration of firearms rights under state law. Assuming that your conviction was in California, the law makes no such provision and you therefore can legally answer "no" to the Form 4473 question.

Might double check this ^ it seems to be contradictory.

[ojisan]

What happened to a friend was his felony was reduced by the court to a misdemeanor and his gun rights were restored but he was denied on a inter-family transfer approval (gift of gun from out of state dad).
The court never notified DOJ of the change in his status.
My friend was able to contact the court and get them to update the DOJ info.
Three months later he tried to purchase and was approved.
Your problem could be something like this.

We worked off his paperwork copies, we did not use an attorney.
First thing to do is find your paperwork and go over it very carefully.
Research any and all codes or abbreviations to be sure you understand it completely.
Good luck!

[RickD427]

Might double check this ^ it seems to be contradictory.

Thanks, You're right. I was thinking faster than I was typing. Shoulda wrote "cannot" instead of "can" in the final sentence. I've edited the original post to correct.

[vino68]

OP, best of luck and hopefully you have changed your life from where you were when the felony was committed.