Need Advise..Denied firearms rights

[metooharley]

Hi Im new to this site so forgive me if this post is in the wrong place. I have a question. I'm retired from CDC (Prison Gaurd) was never arrested until I asked my Exwife for a divorce, long store short she tried to break my brand new big screen with her cell phone, I blocked it battery came out then she tried to kick tv so I stood in front of it and wouldnt let her hit. She calls cops, I get arrested and charged with Felonie disabling a phone, domestic violence, false imprisenment..I get a lawyer I have to plea to mis. disabling a phone. 30 days work release 1 year domestic violence classes ( no domestic violence ) 3 years probation...Now 3 years has passed and the DOJ is denying me the right to own any guns! I have no felonies no violent crimes and no violent mis...what can I do? I cant afford anymore lawyers and I read in Ca. if your arrested ( not even convicted ) for domestic violence you can lose your rights for life..Please anyone with info please help!

[Unit74]

I'd say your screwed. You entered a plea to charges in a DV case. One of the basic attachments to a DV related conviction is a firearms prohibition.

[blakdawg]

You need an attorney. The standard advice seems to be to PM one of the CalGuns Foundation honchos or to call Jason Davis if you're in Southern CA or Don Kilmer if you're in Northern CA. If you can't afford an attorney how were you planning to buy a gun & ammo?

[dantodd]

Sorry but you are now a life long prohibited person. This is something that can, hopefully, be attacked legally but for now you are screwed.

[Silverlake223]

Sorry for you troubles.. Actually, I think just the other day on here it was mentioned that you should not plead to the misdemeanor as its going to prohibit you from owning firearms I believe. I hope I'm wrong. It can happen to any of us.

[Librarian]

1 thread will be enough for this topic.

[five.five-six]

you could try and have the conviction exponged

[SigP510]

What penal code were you convicted under?

Here's a list of 10 year prohibition misdemeanors:

ag.ca.gov/firearms/forms/pdf/prohibcatmisd.pdf

Active restraining order in place ? They can be in effect for years, esp with DV cases

[metooharley]

I didnt plead guilty to domestic violence just to mis. Disabling a phone. The tro is over thats why I contacted the doj to get my gun back..

[RandyD]

Sorry to hear about your circumstance. I am an attorney and I recommend you find a good criminal attorney. It will most likely cost you, but the alternative is not having a Second Amendment right. I am not a criminal defense attorney but many of my friends are. I continually hear stories of how their clients won't spend the money to go to trial, and they are left with the next best option of pleading out their case. I assume you highly regret your decision and hope others learn from your misfortune. I encounter a very similar attitude, clients will not assert their rights and settle on less than favorable terms then regret their decision. It always costs more to correct an error in judgment than it costs to initially assert your rights. I hope it works out for you.

[SigP510]

One doesn't have to be convicted of anything, to have a restraining order placed on him.

[anthonyca]

you could try and have the conviction exponged

That DOES NOT restore firearms rights and can actually remove a proper challenge to remove the conviction.

[socal-shooter]

if its not d.v

then you have to wait 10 yrs..

i had to wait 10 long years because of some stupid fights i got into during high school parties.

twas a loooong time but it did pass.

pray that the zombocalypse doesnt happen until then

[metooharley]

I do regret it now, at the time I had to pay my lawyer $6500 to take the case but if it was for felonies then it was $20,000...I didnt have that kind of money but was told by my lawyer that since I have no felonies nor D V convictions that the state cant denie me but sometimes the feds do.. But without felonies or any DV they should be able to...Im stumped, cant believe this! It was ok for me to work with the mini 14 on a gun rail and carry a weapon but now I cant? Im so pissed

[Southpaw45]

It is my understanding that once one is charged with a domestic violence, no matter how minor it was, you loose your right to legally possess a firearm for the rest of your life. This law was put into affect by Clinton when he was president so you can thank him for that...