I have a friend.. gun rights question (now with document)

[email]

I have a friend from my childhood who I've recently reconnected with.

The situation: he was convicted of theft about 15 or 18 years ago. He says it was a felony because it was over 400 dollars. In any event, he was convicted of a felony (pc487).

Several years ago, he had an attorney to a reduction to misdemeanor and a 17(b) expunging of the misdemeanor. He did this in order to clear his record, not necessarily for gun rights.

I've seen the court papers for the reduction and expungement a few days ago and as I recall, they were dated about 2007 (edit 2008).

He states that he has no other criminal history.

He does not own or possess any firearms presently.

The question: Is there any harm, or legal jeopardy, if he were to go to a gun store and start the paperwork on a shotgun today?

Edit: The document link ---> http://i1224.photobucket.com/albums/...-59-26_342.jpg

Identifying info removed at his request.

[microwaveguy]

I would have him fill out this Personal Firearms Eligibility Check Application (revised January 2012) and send in the $20.00

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf

Most gun stores will charge a fee if the applicant is declined and they have to "restock" the firearm.

Edit : No harm is having him try to buy but it may cost him some $$$$

[taperxz]

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf

I put the wrong acronym the first time. This is the link you need.

As correctly stated above.

[email]

Thanks for the replies. Will push him to do the PFEC. I just don't want him to get in trouble for not doing one ( which he seems to think is not necessary). Oh well.

As for me, I just don't want to have to bail him out. :-D

[bigcalidave]

Good looking out for your friend. The PFEC is the way to go, and could verify that all paperwork was correctly handled. This is the .gov we are talking about, things get lost.

[goldrush]

I have a friend from my childhood who I've recently reconnected with.

The situation: he was convicted of theft about 15 or 18 years ago. He says it was a felony because it was over 400 dollars. In any event, he was convicted of a felony (pc487).

Several years ago, he had an attorney to a reduction to misdemeanor and a 17(b) expunging of the misdemeanor. He did this in order to clear his record, not necessarily for gun rights.

I've seen the court papers for the reduction and expungement a few days ago and as I recall, they were dated about 2007.

He states that he has no other criminal history.

He does not own or possess any firearms presently.

The question: Is there any harm, or legal jeopardy, if he were to go to a gun store and start the paperwork on a shotgun today?

If his attorney has informed him that he'd be clear on a NICS report, then, no. Given his past, he's probably looking at having to obtain a UPIN (Unique Personal Identification number), used in lieu of a SSN, to make his purchases a little quicker.

[taperxz]

If his attorney has informed him that he'd be clear on a NICS report, then, no. Given his past, he's probably looking at having to obtain a UPIN (Unique Personal Identification number), used in lieu of a SSN, to make his purchases a little quicker.

Social Security numbers are not required in this state. They are only voluntary.

[email]

I've asked him to call the attorney that did the reduction and expungement for him. I'll post later if you give me any feedback.

I will feel a lot better about us as friends if/when he purchases his own firearms. I almost took him to the range a few weeks ago and he told me his story, So I ended up not going. If what he's saying is true, I kind of feel a little bit bad about it. However for me , better safe than sorry.

[dantodd]

I will feel a lot better about us as friends if/when he purchases his own firearms. I almost took him to the range a few weeks ago and he told me his story, So I ended up not going. If what he's saying is true, I kind of feel a little bit bad about it. However for me , better safe than sorry.

the fact that he told you that he may be prohibited when you asked him to the range speaks volumes, in my mind, about the kind of guy he is. Getting the PFEC is also helpful for you as once he has it in hand you can feel more comfortable about letting him use your weapons on the range.

[bwiese]

The guy is probably OK to own firearms plus or minus the paperwork being moved 'thru the system' properly, which sometimes doesn't happen.

Also he does say '17(b)' reduction and then mentions expungement. Just to be clear the 17(b) is the required action - expungment really doesn't matter.

CA expungement is basically locking out your record from private employers. It is in no way a full 'wipe', and is why CA expungements don't count as fixups against Lautenberg matters.

[email]

He's going shotgun shopping tomorrow ...so I'll let everyone know in 11 or 12 days!

[email]

ttt with the document added.

The 12021 paragraph is a bit confusing.

His PC was #487.

[2nd Shot]

+1 for everything bweise said.

Relief under PC17 is really the make it or break it part of restoring firearm rights. That said, don't be surprised if the DOJ turns down your friends application due to incomplete or outdated records.

I won't speculate when it comes to the reasons why, but it doesn't seem uncommon at all for people granted relief under 17PC and expungement (1203.4? Don't quote me here) to call the DOJ and find that they have no record of 17PC on file, even though they have the expungement down. Submitting court certified records to the DOJ can fix the problem.

(The above is not to be considered legal advice. I am not a lawyer, and couldn't play one on TV. Consult qualified legal help before attempting to act on any of this information).

[edwardm]

+1 for everything bweise said.

Relief under PC17 is really the make it or break it part of restoring firearm rights. That said, don't be surprised if the DOJ turns down your friends application due to incomplete or outdated records.

I won't speculate when it comes to the reasons why, but it doesn't seem uncommon at all for people granted relief under 17PC and expungement (1203.4? Don't quote me here) to call the DOJ and find that they have no record of 17PC on file, even though they have the expungement down. Submitting court certified records to the DOJ can fix the problem.

(The above is not to be considered legal advice. I am not a lawyer, and couldn't play one on TV. Consult qualified legal help before attempting to act on any of this information).

Most of the 'routing' and 'update' issues for court orders spring from inefficiencies at the specific county court. Some *still* report dispositions by paper records, others use oddball electronic methods. I have no idea what L.A. County does.

[Kid Stanislaus]

Most of the 'routing' and 'update' issues for court orders spring from inefficiencies at the specific county court. Some *still* report dispositions by paper records, others use oddball electronic methods. I have no idea what L.A. County does.

Anybody care to speculate?!!