felon

[dayll]

Back when I was young (1960) and completely brain dead I was convicted of a felony. I have had absolutely nothing to do with weapons since then and now I find it might be prudent to purchase something for home protection. My wife says she would prefer a handgun over a shotgun. My question - Am I excluded from purchasing a gun because I was convicted of a felony even though it was over forty-five years ago? thanks - dayll

[Aluisious]

This is why it's a good reason not to commit felonies...forty-five years later, you still can't do anything.

Buy a baseball bat.

[sthornwall]

Back when I was young (1960) and completely brain dead I was convicted of a felony. I have had absolutely nothing to do with weapons since then and now I find it might be prudent to purchase something for home protection. My wife says she would prefer a handgun over a shotgun. My question - Am I excluded from purchasing a gun because I was convicted of a felony even though it was over forty-five years ago? thanks - dayll

Sorry man... as far as I know your are inelegible to purchase a firearm. You may want to speak with a lawyer who would be in a better position to advise you if there are any other options. Good luck

[sthornwall]

Another option you may have is to have your wife purchase a firearm in her name as long as she is clear of any felonies.

[gose]

Another option you may have is to have your wife purchase a firearm in her name as long as she is clear of any felonies.

But she would have to store it so that dayll can never access it, or she would get in trouble.

[paradox]

Back when I was young (1960) and completely brain dead I was convicted of a felony. I have had absolutely nothing to do with weapons since then and now I find it might be prudent to purchase something for home protection. My wife says she would prefer a handgun over a shotgun. My question - Am I excluded from purchasing a gun because I was convicted of a felony even though it was over forty-five years ago? thanks - dayll

[jaymz]

From DOJ's website:

A felony conviction refers to a conviction of an offense that can onlyPersonal Firearms Eligibility Check

[JPglee1]

He can and should file a 1203.4 motion to suppress/reduce to a misdemeanor.

If granted he'd be allowed long guns again.


JP

[CALI-gula]

I have heard of many people with non-violent felonies over 10 years old getting their right to purchase a firearm restored. You'll need a good lawyer though!!

Isn't there a guy that specifically pitches this with his business card in many of the gun stores in Souther California? I think his name is Bruce Colodny?

Sorry I can't be of more help, as I don't know anyone first hand that has had a felony in their background and tried this.

.

[bwiese]

There is a federal exemption (have to figure out how it affects state) for antitrust felonies.

If your felony was in this area you might have some luck.

[Richie Rich]

What year did felony convictions= loss of second amendment rights start?

I think it was in the early 60s and as such it might not apply to you.. Ex post facto and such..

May be wrong, I am not a lawyer and I don't play one on tv....

I would contact a lawyer specializing in 2a rights and ask. Might be worth it..

[dayll]

felony

Thanks for all the rapid responses. I was going to go do the expungement thing many years ago for employment reasons but my employer told me not to bother - they took me on without a bond and I worked for them for thirty-four years until I retired. I think what I'll do is just let the little woman go buy herself a pistol from the local gunshop. After all these years I think society is not in any danger if I live out my graying years with a handgun in the house. thanks again - dayll.
note: I spent two years in prison but knew my first night in jail that I was never coming back. Not all felons are recidivists - some learn although most never learn.

[Aluisious]

Two years eh...I hope whatever you did was fun.

[scootergmc]

Anytime I see posts about 1203.4 PC some things always get misrepresented... so let's clear some things up...

1203.4 PC does not "seal" any criminal record/rap sheet (P v. Sharman 17 Cal App. 3d. 550).
1203.4 PC does not reduce felonies to misdemeanors (17(b) PC does).
1203.4 PC is not a motion to suppress (1538.5 PC is).
1203.4 PC does not restore ANY firearms rights -concealable or not (read it).
1203.4 PC does not apply to anyone sentenced to State Prison (see below).

Also, whether 1203.4 PC is actually "expungement" is an ongoing debate. Again... P v. Frawley (82 Cal App. 4th 784) said 1203.4 does not meet the definition of expungement, excerpts here:

As used in the criminal law, "expungement" means the " ' "eradication of a record of conviction or adjudication upon the fulfillment of prescribed conditions . . . . It is not simply the lifting of disabilities attendant upon conviction and a restoration of civil rights . . . . It is rather a redefinition of status, a process of erasing the legal event of conviction or adjudication and thereby restoring to the regenerative offender his status quo ante."
and



blah blah blah... so on and so forth...

And of course, if you go to the State Court's website it references the 1203.4 PC "expungement" process.. interesting. More interesting, I believe the word "expungement" does not appear anywhere in the text of 1203.4 PC.

FWIW: Dayll does not qualify for 1203.4 PC. He went to State Prison. Assuming it was here in CA, he would have to make application under 4852.01 PC, Certificate of Rehabilitation, which would also automatically apply him for a governor's pardon. In a perfect world, the CoR would be granted, Arnold would review, and dayll would be granted the full governor's pardon. Then and only then would his State rights for firearms possession be restored, which would restore his federal rights.

[Can'thavenuthingood]

Yeah dayll, start the process to get Arnold's autograph, 2 guns are better than one. In the meantime send wife to local FFL and start her collection.

Can you still go to the range and observe?
Can you reload?
Can you get one of them Dillion 650's and build your wifes ammo?

Start the process to get your own rifle or handgun, be a headache to the anti's.

Vick