Vet with misdemeanor record wants to purchase gun...

[daverp]

I don't think even moving to a more normal state will fix problems like this. I believe the progibition follows you to the other state. I could be wrong on this though.

If a resident of another state, I don't believe it would unless that state has the same law. California is the only state I know of that does. I know I've cautioned not only quite a few people on it, but remind myself constantly of this law as well. It can be hard in a city where people can be so self centered and rude to not want to take someone to task when they are in need of it, but it just is not worth it when the simple act of touching or grabbing someone and explaining to them that they could use a real attitude adjustment can lose you your gun rights in this state for 10 years. This law has made a real adjustment in not only my thinking, but others who are aware of it. Problem is that while many are aware of the domestic violence law, most are not aware of this one. Pleading "guilty" to such a seemingly insignificant offense as pushing someone can have such dire consequences on gun rights, and virtually nobody is aware of it.

[Oceanbob]

If a resident of another state, I don't believe it would unless that state has the same law. California is the only state I know of that does. I know I've cautioned not only quite a few people on it, but remind myself constantly of this law as well. It can be hard in a city where people can be so self centered and rude to not want to take someone to task when they are in need of it, but it just is not worth it when the simple act of touching or grabbing someone and explaining to them that they could use a real attitude adjustment can lose you your gun rights in this state for 10 years. This law has made a real adjustment in not only my thinking, but others who are aware of it. Problem is that while many are aware of the domestic violence law, most are not aware of this one. Pleading "guilty" to such a seemingly insignificant offense as pushing someone can have such dire consequences on gun rights, and virtually nobody is aware of it.

Yes..it sucks that a good man who actually worked hard for our Country is treated this way...

Too bad an attorney in this matter didn't inform him of these unfair laws.

Another unfair law is the Lautenberg amendment.

This law is Federal and even with an expungment from local government, it still prevents good men from ever owning guns. (lifetime ban).

Thousands of young men who were falsely accused of domestic battery by an angry, mentally ill girlfriend or wife (with no evidence except their word) took an easy Plea Bargain because they didn't have money for a proper defense attorney......later find out they have a lifetime ban on gun ownership. Nationwide.

These laws should be overturned. Right now.

[dieselpower]

if its not expunged, it will follow him. Its a national database accessible by any and all LEA as per the Patriot Act.

When filling out any job applications he needs to answer "yes" to "Have you been convicted of any crimes in the past 7 years?"

I am surprised his 4473 didn't pop on Question #11c
as per CA law...

PC243(d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for two, three, or four years

He needs a lawyer at ANY COST... treat this like a School tuition bill, is $30K worth this sons future?

[Doheny]

He's also looking to start a career in law enforcement...

... due to a battery charge he'd been arrested for about 5 years ago.

If he was arrested and convicted five years ago for battery, I'm guessing he can forget about being a cop anytime soon, regardless of what he did in the .mil

[vincewarde]

If he was arrested and convicted five years ago for battery, I'm guessing he can forget about being a cop anytime soon, regardless of what he did in the .mil

That would be my biggest concern if I were in his shoes. Too bad he doesn't have the funds right now to hire a lawyer.

Then there is the fact that given the economic situation, most departments won't be hiring anyone for a long, long time - they are most focused on keeping the people they have and hiring back those they have laid off. Some agencies actually have literally laid off people at graduation when they got their POST certificates.

If this young man were my son I would suggest that he take a long look at re-enlisting.

[stitchnicklas]

tell him to move to a free state before getting settled in at this crapoloa sate of ours...

[Seesm]

Hire the best attorney you (he) can afford....... I suspect he may have to wait till his time is up.

[parb]

if its been five years already isnt it only two more to go before this is no longer an issue for employment? i know that for some national security positions within DoD/DoJ agencies they look back farther but for a local pd leo job seven years makes this a non issue??

if so take some college classes (even distance/night classes) while doing private sector work to make sure the kid has a good explanation for the next two years. building skills for two years will cost as much as a lawyer and i suspect will be a better use of his time and money.

my few cents.

[jeep7081]

He can try to have it "sealed & destroyed". He may find a judge willing to do it.

Although, "battery" or PC242 alone wouldn't have made him a prohibited person. He was related to the person some how. Neighbor might not be giving you all the details.

As for a LEO career, he should look into something else, regardless if he can purchase after 5yrs, he's not going to get in with a PC243(e)(1).

On a lighter side, tell him thanks for what he has done for our country!

[daverp]

He can try to have it "sealed & destroyed". He may find a judge willing to do it.

Although, "battery" or PC242 alone wouldn't have made him a prohibited person. He was related to the person some how. Neighbor might not be giving you all the details.

As for a LEO career, he should look into something else, regardless if he can purchase after 5yrs, he's not going to get in with a PC243(e)(1).

On a lighter side, tell him thanks for what he has done for our country!

Thanks for all the replies. She's going to get him a lawyer and go from there.

And it was 242 cpc. She showed me the record on the county sheriff website yesterday. And yes, according to CA law, that does make him a prohibited person, regardless of who the battery was against. You don't even have to commit battery on a person in this state. A simple attempt and simple assault is all it takes, and there is no need for them to be related or be a domestic partner. 240 cpc assault (not even touching someone) can get you there. That is why arguments, road raging, threatening to kick some guy's *** who needs it....is just simply not worth it in this state.

[coltn46920]

A friend of mine has a 23 yr. old son who just returned from service in the army, to include combat tours in Afghanistan. Upon his return one of his first actions was to attempt to purchase a handgun he'd been eyeing for some time. He's also looking to start a career in law enforcement.

All that came to an abrupt stop yesterday when he found out he was a "prohibited person" under California law due to a battery charge he'd been arrested for about 5 years ago. Seems there was a neighborhood / school bully who was yet again thumping on some smaller kid (as I understand it), and my friend's son decided to take matters into his own hands and show said bully what it was like to engage someone more his own size and ability. Bully left with an azzbeating, and her son got a record. It was charged as a misdemeanor battery. That of course, made him a prohibited person, though he had no idea at the time.

As he was going into the army at that point, arrangements were made to have him go through diversion I believe, or have the record expunged, which it was. However, DOJ and law enforcement still have access to the expunged records (he had no idea this could happen when he agreed to settle for the expungement and diversion). He was able to enlist in the army, but now finds out upon returning 2 weeks ago when he attempted to buy the gun that he is a "prohibited person" for the next 5 or 6 years, cannot own a gun, and cannot get a job in law enforcement.

Now, the guy is a decorated combat vet, and has seen the worst Afghanistan had to offer, seeing heavy action daily in the Korengal Valley region. He was promoted quickly (leaving after 3 years as an E-5), received the ARCOM with Valor for actions in combat, and has a clean service record. He carried and used firearms daily in combat, shot at on nearly a daily basis, yet now that he's out, he cannot legally possess one as a civilian in California.

What are the chances he could get this changed? In some research I found he'd likely have to get a governor's pardon in order to get this erased from his record, and again be legally able to possess a firearm. I would hope his service to the country, service record and clean criminal record would make this a no-brainer and he could petition for and receive a pardon, but this is California after all, so I fear that this pardon process may be just so much empty talk.

What are the chances of this actually happening, or is there another alternative for him other than giving up on owning or possessing a gun, or pursing a career in law enforcement for the next 5 or 6 years?

Off topic but is the 23 year old son located in Ventura? I was in a gun shop and I overheard some guy saying the exact story when attempting to purchase a firearm.

[daverp]

Off topic but is the 23 year old son located in Ventura? I was in a gun shop and I overheard some guy saying the exact story when attempting to purchase a firearm.

Wasn't in the city of Ventura, but yes, Ventura County.