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  • #31
    Decoligny
    I need a LIFE!!
    • Mar 2008
    • 10615

    Did you bother to look at the Penal Code under which the authority to "dismiss" your charges was granted? Those sections are listed on the bottom of your "proof one" document, specifically Penal Code 1203.4. Looks to me like any firearms prohibition levied under the original conviction remains in place regardless of the dismissal.

    The form also has a section where is says to list ALL the charges overturned and dismissed. The only charge listed is Vehicle Code 23103(A) which is reckless driving, not reckless discharge of a firearm. It looks to me like you still have the firearms conviction on the books.

    VC23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.


    PC1203.4. (a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.
    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.
    Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
    This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.
    (b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.
    (c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.
    (2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.
    (d) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person's eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision.
    (e) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days' notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section. It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
    (f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.
    (g) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.
    Last edited by Decoligny; 09-08-2011, 10:30 AM.
    sigpic
    If you haven't seen it with your own eyes,
    or heard it with your own ears,
    don't make it up with your small mind,
    or spread it with your big mouth.

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    • #32
      MudCamper
      Veteran Member
      • Mar 2007
      • 4593

      As Decoligny pointed out, a PC 1203.4 dismissal is worthless for firearms rights. If your conviction was plead as a felony, then you can't possess ever, unless and until you've had the charge reduced to misdemeanor per PC 17(b). If the conviction was plead as a misdemeanor, or if you had it reduced to one per 17(b), then you will be able to possess, but only after the 10 year prohibition expires.

      Comment

      • #33
        fonso
        Senior Member
        • Jan 2011
        • 838

        I believe the OP is out of luck because the Order specifically states that: "This order
        does NOT permit the defendant to own, possess, or have in his/her custody or control
        any concealable firearm."
        Although the moon is one-third the size of the earth, it is farther away.

        "The only reason people get lost in thought is because it's unfamiliar territory." -- Paul Fix

        Calguns Amazon.com donation Link:

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        • #34
          scootergmc
          Veteran Member
          • Mar 2006
          • 4089

          So what's the verdict? 23103 VC or 246.3 PC? Did you have another case? Big difference...

          Comment

          • #35
            Decoligny
            I need a LIFE!!
            • Mar 2008
            • 10615

            Plus, the only charge that was dismissed was a reckless driving charge.

            The OP said he was convicted of a reckless discharge of firearms charge.

            Something is fishy here. He never mentioned the VC 23103 (a) charge.
            sigpic
            If you haven't seen it with your own eyes,
            or heard it with your own ears,
            don't make it up with your small mind,
            or spread it with your big mouth.

            Comment

            • #36
              Decoligny
              I need a LIFE!!
              • Mar 2008
              • 10615

              Originally posted by fonso
              I believe the OP is out of luck because the Order specifically states that: "This order
              does NOT permit the defendant to own, possess, or have in his/her custody or control any concealable firearm."
              And the PC goes further and states "any firearm", not just "any concealable firearm".
              sigpic
              If you haven't seen it with your own eyes,
              or heard it with your own ears,
              don't make it up with your small mind,
              or spread it with your big mouth.

              Comment

              • #37
                jchung725
                Junior Member
                • Jun 2011
                • 24

                I apologize guys. I've paid $1300 to get my reckless driving (motorcycle different case, a bs case in fact) and the felony wobbler case (penal code 246.3). The "proof one" doc I've provided is the dismissal of the reckless driving. I was wondering why the case number wasn't matching last night. It was late and I only saw the dismissal court doc, so I thought that was it. I guess I have to look for the other documentation. I know for sure it was reduced and dismissed, but the best way to find out is to call my lawyer. Sorry for making this posts "fishy".

                Comment

                • #38
                  jchung725
                  Junior Member
                  • Jun 2011
                  • 24

                  I just spoke with my case manager and she confirmed that I still have the 10 year ban. This case happened back in 2002, but I was deployed to middle-east in 2003 for almost a year and I didn't get sentenced till 2004 January. Thanks for all your inputs and I guess I just have to wait till 2014 or move to a none "Nazi" state.

                  Comment

                  • #39
                    Decoligny
                    I need a LIFE!!
                    • Mar 2008
                    • 10615

                    Originally posted by jchung725
                    I apologize guys. I've paid $1300 to get my reckless driving (motorcycle different case, a bs case in fact) and the felony wobbler case (penal code 246.3). The "proof one" doc I've provided is the dismissal of the reckless driving. I was wondering why the case number wasn't matching last night. It was late and I only saw the dismissal court doc, so I thought that was it. I guess I have to look for the other documentation. I know for sure it was reduced and dismissed, but the best way to find out is to call my lawyer. Sorry for making this posts "fishy".
                    The answer is still located in the PC references at the bottom of the form, i.e. PC 1203.4.

                    Looks like you are on the hook for the full 10 years.

                    PC1203.4. (a) ... 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.
                    sigpic
                    If you haven't seen it with your own eyes,
                    or heard it with your own ears,
                    don't make it up with your small mind,
                    or spread it with your big mouth.

                    Comment

                    • #40
                      jchung725
                      Junior Member
                      • Jun 2011
                      • 24

                      I just spoke with my case manager and she confirmed that I still have the 10 year ban. This case happened back in 2002, but I was deployed to middle-east in 2003 for almost a year and I didn't get sentenced till 2004 January. Thanks for all your inputs and I guess I just have to wait till 2014 or move to a none "Nazi" state.

                      Comment

                      • #41
                        WTSGDYBBR
                        Senior Member
                        • Jun 2010
                        • 2159

                        "felony wobbler" Felony infractions that can swing to a misdemeanor should have been done at the time you plead guilty. It would be so much better to get it dropped in a plea barren deal because it was a infraction . Now lets say you get that Felony infractions dropped to a misdemeanor if that pc code for that infraction is listed on the DOJ you still cannot buy a firearm for 10 years now. Because the time it is reduced is when it starts counting. Now if you can get it sponged in 4 years you may be good to go. If your in Orange County I know of a lawyer who took a case on assault riffle Uzi Model B that was a Felony infractions that got it reduced to a misdemeanor and that client of his never had his rights took away.



                        William G Watson 714-871-1138


                        Originally posted by jchung725
                        Hi guys. Please don't shoot me for this for I have learned my lesson.

                        The story is, I've purchased a handgun on my 21st birthday and I was young and stupid. That being said, I was arrested for illegal discharge of firearms (felony wobbler). What had happened? On a Fourth of July night, my military friends and I decided to discharge our firearms in the air to celebrate the Independence day (very bad idea). The neighbors called the police and we were arrested. Well, now I'm 30 years old and would like purchase a shotgun to keep in my house for protection. I hired a lawyer to have the felony wobbler reduced to a misdemeanor and dismissed a few years back.

                        The million dollar question is, do I have my gun rights restored?

                        Or do I have to wait till the 10 year ban is over?

                        Since my felony was reduced to misdemeanor and dismissed, do I have to wait 10 years?

                        Please be gentle, guys. Thank you

                        Peter
                        sigpic

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                        • #42
                          jchung725
                          Junior Member
                          • Jun 2011
                          • 24

                          My charges have been reduced and dismissed but I still have to wait ten years, unfortunately.

                          Comment

                          • #43
                            dantodd
                            Calguns Addict
                            • Aug 2009
                            • 9360

                            only one more year right?
                            Coyote Point Armory
                            341 Beach Road
                            Burlingame CA 94010
                            650-315-2210
                            http://CoyotePointArmory.com

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                            • #44
                              jchung725
                              Junior Member
                              • Jun 2011
                              • 24

                              It happened in 2002 but was sentenced in 2004 so two more. But who's counting?

                              Comment

                              • #45
                                Mesa Tactical
                                Senior Member
                                • Oct 2004
                                • 1746

                                Is that all it takes to be a Nazi state now, lay down ten year firearms bans for people who do dangerous stupid **** with guns?
                                Lucy at www.mesatactical.com

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