Assault charge purchase restriction

[goawayleftwing]

So my buddy punched a guy in the face for messing with his then girlfriend about 5 years ago. Long story short he is charged for the assault. He just got denied his long gun purchase today because of it. How long can he not possess or purchase firearms in this state because of it. The charge was a simple misdemeanor.

[bigbearbear]

DISCLAIMER: I'm not a lawyer, your friend should seek professional legal guidance.

[Mssr. Eleganté]

Was he charged and convicted or just charged?

[Beelzy]

There is no such thing as a simple Misdemeanor anymore.

[Hanniballs]

Was he charged and convicted or just charged?

This.

DISCLAIMER: I'm not a lawyer, your friend should seek professional legal guidance.

and this if convicted.

[goawayleftwing]

Only in America

He was convicted of the assault. Sadly, only in California's communistic bull**** can you punch a guy for inappropriately touching your wife and you are the bad guy, and then 6 years later not being able to buy a gun after serving in it's military and our freedom. Sad state of affairs we live in.

[goawayleftwing]

follow up question

Can his wife buy that gun in her name and store at the house, with her being the legal owner, or does that fall under the felon in the house no firearms logic?

[BakoJ]

Can his wife buy that gun in her name and store at the house, with her being the legal owner, or does that fall under the felon in the house no firearms logic?

She could purchase but if she is purchasing "for him" and he is the exclusive user, then it is a straw purchase and now she is a felon.

Best bet would be for your friend to contact an attorney and see if he can get the conviction expunged.

[RickD427]

She could purchase but if she is purchasing "for him" and he is the exclusive user, then it is a straw purchase and now she is a felon.

Best bet would be for your friend to contact an attorney and see if he can get the conviction expunged.

California's expungement statute does not provide for the restoration of firearms rights. The statute is quite lengthy, here is the pertinent part:

"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."

This is one where the OP's buddy really needs to consult with a qualified lawyer. Calgunners can do a good job of pointing the OP to relevant sources of information, but only a qualified attorney can best advise the OP (or his buddy)of how best to proceed.

[BakoJ]

Thanks for setting me straight, Rick. I've been fed some FUD!