Legal question

[psmith]

[Librarian]

A mess, indeed.

I think your best course is Real Lawyers here - too complex for Internet Lawyers™ - and I'm glad that's your plan.

At a guess, the cert of rehab seems the likely route. The bit about 'use' has come up before, and IIRC convictions have been upheld based on 'use' when the gun in question was used in payment for drugs!

[jaymz]

Contact CGF and see what can be done done to restore your 2A rights. As far as hunting with your friend goes, I'm fairly certain it's ok to tag along, you just can't be in possesion of a firearm.

[dantodd]

As Librarian said, you need a real lawyer.

To me it sounds like you had a non-prohibiting misdemeanor turned into a lifelong prohibition by a judge with no due process.

[psmith]

CFN? I am aware but unfamiliar with the site (if you mean Calguns Foundation Network). I know I need good legal assistance, at least for someone to tell me my choices at the very least (if any). Anyone care to point out a starting point? Solicit a advocate lawyer from this site, or the CFN site?

I was just looking over more of my 1203.4 prepared by the public defender (at the time, I couldn't afford council or to even miss work to come back to San Diego for the 1203.4 hearing). It almost looks to me like my P.D. just let it fly and pass. Where the judge decided to add on a lifetime ban, I am unsure.

From my 1203.4

" (Memorandum of points and authorities)

Defendant, (ME), by and through his attorney the Public Defender of the County of San Diego, respectfully submits the following Memorandum of Points and Authorities in support of his motion to set aside his plea of guilty and dismiss the information.

(Facts and Procedural History)

(ME) was convicted by plea on XX/XX/1997, of PC Section 12280(b), Possession of an Assault. At sentencing, XX/XX/1997, the charge was reduced to a misdemeanor and (ME) was granted three years summary probation. The terms of probation included that he pay a fine of $X (<$500) and restitution in the amount of $X (<$500) and not possess a firearm.

(HE) has fulfilled all the terms and conditions of his probation. He is not now serving a sentence for any offense, on probation for any offense, or charged with the commission of any new offense."

I can only assume that the judge decided that the verbiage constituted a lifetime ban, or just felt like it, and my PD didn't care? Although I really remember that them telling me my rights are suspended while on probation? And that this altercation was the only thing I had ever been in trouble for, the misdemeanor charge would allow my rights to be returned to me if I did good and stayed a model citizen. Nothing is stated explicitly one way or the other about lifetime ban, it just pops up in the additional notes on the 1203.4?

I look forward to anyone pointing me to a attorney that I can consult that has my interest at heart.

Thanks for the comments. I will go visit CFN and see what I can find, although I thought it was more of a wiki?

I'll save putting any more details out on the net, but figured this was enough to get conversation started and find someone with some recommendations on who to start to look for council.

[wildhawker]

Not sure where you are located, but there are two law firms (1 ea norcal/socal) at www.calgunsfoundation.org under "Hotline".

[psmith]

Not sure where you are located, but there are two law firms (1 ea norcal/socal) at www.calgunsfoundation.org under "Hotline".

San Deigo, East County

[frankDmole]

Give them a call or email, doesn't hurt to try.
If you have a firearm-related legal issue, please call us at (800) 556-2109

or send an email to hotline@calgunsfdn.org

[JSilvoso]

Determining your eligibility to possess firearms

If you have any doubt concerning your ability to possess firearms you can have Cal DOJ run your background and determine whether you can possess firearms using the Personal Firearms Eligibility Check (PFEC) form from the California Department of Justice website at http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

From what you are saying it sounds like your case was reduced to a misdemeanor from a felony 12280(b) conviction. In that instance you SHOULD be eligible.

A dismissal under 1203.4 does nothing to restore firearm rights.

[dantodd]

Joe's advice is excellent. First find out if you are, in fact, prohibited in the eyes of the DOJ. If so, you can then proceed to find an attorney to help you deal with the issue.

[psmith]

Thanks, did the scan on Tuesday for the AIT and will send the forms in.

[OleCuss]

BTW, in case you haven't figured it out, JSilvoso is one of the great lawyers with Michel and Associates. Good folk from everything I've seen and heard.

[psmith]

If you have any doubt concerning your ability to possess firearms you can have Cal DOJ run your background and determine whether you can possess firearms using the Personal Firearms Eligibility Check (PFEC) form from the California Department of Justice website at http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

From what you are saying it sounds like your case was reduced to a misdemeanor from a felony 12280(b) conviction. In that instance you SHOULD be eligible.

A dismissal under 1203.4 does nothing to restore firearm rights.

I know the expungement does nothing for 2a rights, what I am hoping to concentrate on is the fact that the original felony was reduced to a misdemeanor, which I understand that a clean record leading to the 12280(b) can help make a wobbler. At the time of the plea, I was under the impression that the firearms restrictions listed were part of the probation. And that eventually the misdemeanor reduction would be the difference over the felony.

The 1203.4 paperwork says on it that my plea is changed to not guilty but does not give me my rights back...., *BINGO*, I think I might have just understood this, the EXCEPT statement on the 1203.4 is NOT directed at me or my situation, but on the form so that people with felony's that get them expunged don't think they get their 2a rights back, its not on there validating or UN-validating my rights, the reduction to a misdemeanor is what gives me my rights back and thats implied rather than mentioned.?

One quick question, if my guilty plea was changed to a misdemeanor at sentencing, yet a 1203.4 was filed, that doesn't make sense? a 1203.4 is only valid for reducing a felony to a misdemeanor? or a 1203.4 is for changing a plea from guilty to not guilty.

Sounds like I have enough of a case here to warrant spending some money retaining someone, as opposed to having someone tell me I have no chance at all.

[bwiese]

Sounds like I have enough of a case here to warrant spending some money retaining someone....

Absolutely. I think you're in a resolvable Catch 22.

The AW charge from your writing a misdemeanor when you plead guilty as opposed to post-sentencing reduction. (Note however expungement doesn't restore rights.)

Since the most excellent Joe Silvoso has already courteously replied and now has some inkling of your matter and I'm sure has handled these matters with panache before, perhaps you two shoulld work together - you folks are not that far from each other.

[psmith]

If you have any doubt concerning your ability to possess firearms you can have Cal DOJ run your background and determine whether you can possess firearms using the Personal Firearms Eligibility Check (PFEC) form from the California Department of Justice website at http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

From what you are saying it sounds like your case was reduced to a misdemeanor from a felony 12280(b) conviction. In that instance you SHOULD be eligible.

A dismissal under 1203.4 does nothing to restore firearm rights.

quick scan question.

I did a scan Tuesday for a criminal background check for personal use. I went to the DOJ and got a certificate of elgibility form and filled it out, and then used the same lifescan # from the background check. OPPS, I should have read your post better and looked at the PFEC form.

Will they do the same thing? Or did I just waste 22 bucks on the COE form?

Joe. I am waiting for a check from my employer for a trip I did business on, once I have the cash, I will probably be giving you a call when I can afford a retainer.

Thank you everyone, I appreciate all the suggestions, I guess monitoring this thread is still a good idea, I spaced the PFEC and did a COE, so I dont know what the differences are, but my neighbor is a notary, so I also did the PFEC. Will let everyone know results. (I know it can take forever, but Im pretty sure if the criminal background comes back ONLY mentioning a misdemeanor, this is a slam dunk, and basically a lawyer will be able to fix)