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QUESTIONS ABOUT OWNING A FIREARM

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  • #16
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Originally posted by 45DAVID1
    That BS. It doesn't take 7 years to seal the record. Once the judge orders the record sealed they will not wait 7 years to do it, what would be the point of waiting 7 years to do a lawful order of the courts? There wouldn't be one. Of course it's not going to be instantaneous and it may take a week or two but that's about the most you will wait. Infact once you get the records sealed you should get a nice printout from the courts stating when the records become sealed and another date (I believe 10 or 15 years but don't quote me on that) your records will become expundged. Once sealed a regular background check by the .gov and PD will show back as negative. Also, save your money and do not use an attorney. It's a very easy process to do. Just contact the juvi court system and they will give you instructions on what you need to do.
    Background investigators at my work (native american gaming agency) can still access sealed juvi records up to 7 years from when they are sealed.

    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

    Comment

    • #17
      45DAVID1
      Banned
      • Oct 2007
      • 12145

      Originally posted by Quiet
      Background investigators at my work (native american gaming agency) can still access sealed juvi records up to 7 years from when they are sealed.

      I call BS again. I worked for an Indian casino before and no they can't. They use standard online programs for their background checks that access only public records. Sealed juvi records are not made public and are not considered public record.

      Comment

      • #18
        mymonkeyman
        Senior Member
        • Jan 2008
        • 1049

        The correct answer is to find and talk to a lawyer experienced in expunging youth offenses and reducing them to misdemeanors. You would need a lawyer to do it anyway, so go talk to one. If you say you don't have money for one, well then you don't have money for guns either.
        The above does not constitute legal advice. I am not your lawyer.

        "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

        Comment

        • #19
          45DAVID1
          Banned
          • Oct 2007
          • 12145

          Originally posted by mymonkeyman
          The correct answer is to find and talk to a lawyer experienced in expunging youth offenses and reducing them to misdemeanors. You would need a lawyer to do it anyway, so go talk to one. If you say you don't have money for one, well then you don't have money for guns either.
          Why would he need to talk to an attorney. I'm living proof that he can own guns. I've been through exactly what he is talking about and had my conviction at 13 and records sealed at 18. He will have no problems owning guns because once the records are sealed you can answer no on questionaires for felony questions even if it asks about juvi records. Sealed is sealed and the only way to go back in to open them up is by another court order. BTW... mine wasn't reduced either.

          Comment

          • #20
            Dr. Peter Venkman
            Veteran Member
            • Oct 2006
            • 4899

            For starters, tell your DoJ boss that your trolling effort failed.
            sigpic
            "America is not at war. The Marine Corps is at war; America is at the mall."
            Originally posted by berto
            You're right. There's no possible way that CGN members marching alongside the Pink Pistols in the SF Pride Parade can do anything to dispel the stereotype that gun owners are conservative bigots clinging to their guns and bibles. Not a single person in the crowd is rational or reachable because the parade's for gay folks and it's in SF.

            Comment

            • #21
              45DAVID1
              Banned
              • Oct 2007
              • 12145

              Originally posted by Dr. Peter Venkman
              For starters, tell your DoJ boss that your trolling effort failed.
              I don't think he was trolling. Nothing in his posts suggest that he is trying to do anything illegal or unethical. My guess is he is trying to do exactly what he is asking about and doesn't want to try and buy a firearm just to get denied. Sounds like he is trying to find out if he can legally purchase one in which his answer is yeas as long as he follows the steps above with getting his records sealed.

              Comment

              • #22
                USN CHIEF
                I need a LIFE!!
                • Nov 2007
                • 11540

                If the OP follows the instructions, he should be o.k with buying a firearm..
                Originally posted by tankerman
                I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
                Originally posted by Douglas711
                Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

                Comment

                • #23
                  45DAVID1
                  Banned
                  • Oct 2007
                  • 12145

                  Originally posted by USN CHIEF
                  If the OP follows the instructions, he should be o.k with buying a firearm..
                  Chief were you also a young bad***?

                  Comment

                  • #24
                    USN CHIEF
                    I need a LIFE!!
                    • Nov 2007
                    • 11540

                    Originally posted by 45DAVID1
                    Chief were you also a young bad***?
                    Nope, I was too scared of my Dad, Remember, I grew up in MX... I would get the **** beat out of me every time I got in trouble or did some stupid crap
                    Originally posted by tankerman
                    I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
                    Originally posted by Douglas711
                    Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

                    Comment

                    • #25
                      45DAVID1
                      Banned
                      • Oct 2007
                      • 12145

                      Originally posted by USN CHIEF
                      Nope, I was too scared of my Dad, Remember, I grew up in MX... I would get the **** beat out of me every time I got in trouble or did some stupid crap
                      I never knew you were from MX. I always thought it was strange when you asked to be ridden like a donkey. You, Adelitas, donkey shows. It all makes sense now!

                      Comment

                      • #26
                        USN CHIEF
                        I need a LIFE!!
                        • Nov 2007
                        • 11540

                        Originally posted by 45DAVID1
                        I never knew you were from MX. I always thought it was strange when you asked to be ridden like a donkey. You, Adelitas, donkey shows. It all makes sense now!
                        Rigghhhhhtttttt...
                        Originally posted by tankerman
                        I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
                        Originally posted by Douglas711
                        Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

                        Comment

                        • #27
                          Stormfeather
                          Calguns Addict
                          • Jan 2006
                          • 7739

                          Originally posted by MISTER
                          . . . . MY PREDICAMENT IS THAT I HAVE 2 FELONY COUNTS AS A MINOR. THESE INCIDENTS OCCURRED SUMMER OF 1999 WHEN I WAS 13 YEARS OLD, I SERVED 45 DAYS IN JUVENILE HALL AND WAS ON PROBATION UNTIL 2004. THE FELONY CHARGES WERE "POSSESSION OF A DESTRUCTIVE DEVICE & POSSESSION OF AN EXPLOSIVE DEVICE" TOTALLY BOGUS CHARGES BECAUSE IT OCCURRED RIGHT AFTER THE COLUMBINE SHOOTINGS BUT REGARDLESS I WAS CHARGED AND CONVICTED. . . . .

                          ok, since we are throwing it all out in the open, was it dry ice bombs? pipe bombs? Flamethrowers? Suitcase nukes?
                          If you was charged, even if you was 13 years old, it doesnt mean it was bogus. The charges you are talking about arent silly accusations. Those are serious charges, with serious consequences. Imagine if you caught those charges as an adult. You would be Bubba's snuggle buddy for quite a long time. We are talking years, before you would be let out, then you would still have years of probation afterwards. I know we all was young once, and Im not saying I didnt do dumb stuff when I was a kid, lord knows I would be considered a felon several times over for some of the stuff I did as a kid. Flaming Stolen Three Wheelers should have been my native american name if you catch my drift. But thats all in the past. I never got caught, but I did make up for it as I grew more responsible in life.
                          Send DOJ a certified letter requesting your status, I believe there is a Letter of eligibility that you can fillout and send DoJ the funds. Basically, its like running a DROS without the legal ramifications if you are prohibited.

                          Oh, and turn the caps lock off.
                          Originally posted by Soldier415
                          I am naked except for seatless white chaps, a boonie hat and a tactical vest playing HALO.
                          Originally posted by oaklander
                          I don't like getting my butt kicked, but I would like to have it spanked by some big hairy guys!
                          Originally posted by ohsmily
                          I wouldn't put "mounting a weasel" past too many people on this forum.
                          Originally posted by hoffmang
                          Going after the NFA soon is like asking the girl you just met in the bar if she's into anal sex...
                          -Gene

                          Comment

                          • #28
                            MISTER
                            Junior Member
                            • Mar 2008
                            • 3

                            Thanks for all the advice folks. I printed out the form for Firearms Eligibility and need to get it notarized. My friends mom is a notary so that wont be a problem, however first and foremost I need to go to my local DMV and get a change of address and then go to the Juvenile court and get my record sealed and then I will send it my form and hopefully I will be able to purchase and start shooting my own guns at the range. Thanks a million folks. Oh and sorry for the whole CAP-LOCKS thing...I didn't get the memo that states when you TYPE LIKE THIS IT SEEMS LIKE YOU'RE YELLING.....hahaha...My fault. Oh and the charges were for having a plastic water bottle with gasoline in it that my friend made and when he got caught he stated that I was trying to build a pipe bomb...and it all occurred right after Columbine. That's why I said it was bogus because it wasn't my idea....he caught the grass on fire and I stomped it out and some lady said that I started it and what not. But like they said....it's not what you know....it's what you can prove!

                            Comment

                            • #29
                              USN CHIEF
                              I need a LIFE!!
                              • Nov 2007
                              • 11540

                              Originally posted by MISTER
                              But like they said....it's not who you know....it's who you blow!
                              There, fixed it for you...
                              Originally posted by tankerman
                              I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
                              Originally posted by Douglas711
                              Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

                              Comment

                              • #30
                                mymonkeyman
                                Senior Member
                                • Jan 2008
                                • 1049

                                Originally posted by 45DAVID1
                                Why would he need to talk to an attorney. I'm living proof that he can own guns. I've been through exactly what he is talking about and had my conviction at 13 and records sealed at 18. He will have no problems owning guns because once the records are sealed you can answer no on questionaires for felony questions even if it asks about juvi records. Sealed is sealed and the only way to go back in to open them up is by another court order. BTW... mine wasn't reduced either.
                                A few reasons: Many people are not comfortable with filling out the proper filings for expungement/sealing and for changing the felony to a misdemeanor. An attorney might be better equipped to argue that the charge should be changed to a misdemeanor. It's good to have an understanding of the relevant provisions of state and federal law of when you are allowed to state you have never been convicted of a felony/crime. The attorney could better assure that the expungement fufills the requirements of 18 USC 921(a)(20) and CA Penal Code 12021. Section 12021 (prohibiting possession/ownership of firearms for felons and certain misdemeanants) is very complex, and 1203.4 - the expungement section, specifically says "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 Section 12021."

                                Just look here for a case where someone used CA penal code 1203.4 to dismiss his conviction expecting to be able to use firearms and got convicted of lying on his 4473 and sentenced to 2 years in federal prison. I think that is why you want to talk to an attorney. In general 1203.4 isn't going to get you out of either the state or federal bar against a felon possessing (the federal bar wrt expungement relies on whether the state's expungement permits future firearm ownership, which 1203.4, by subjecting one to 12021, does not), only 17(b) will and only if the original offense was a wobbler.

                                If you ultimately failed to jump through the right legal hoops, relying on an attorney's advice would better show that you lacked intent to violate the laws. Also some Probation Departments or Public Defender's offices in CA will help or at least point you in the right direction.
                                Last edited by mymonkeyman; 03-19-2008, 5:21 PM.
                                The above does not constitute legal advice. I am not your lawyer.

                                "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

                                Comment

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