CPC 1210.1

[smokeysbandit]

A friend of mine recently got married, and when I asked him if he wanted to go to the rifle range this weekend he told me some interesting things. Apparently his wife had a substance abuse problem 8 years ago and managed to pick up 2 felonies. As such he moved his safe to his parents house when she moved in. The interesting part is that she was granted dismissal via 1210.1 The way 1210 reads to me is that all rights are restored and the conviction never occurred upon completion of a rehab program, with exception to firearms rights and a few other items like peace officer. The strange part is that subsection 2 only lists concealable firearms as prohibited. Can she purchase a rifle? What would a personal COE tell us? What would need to be done to restore her handgun rights? The subsection on firearms prohibition reads, "(2) Dismissal of an indictment, complaint, or information pursuant to paragraph (1) does not permit a person to own, possess, or have in his or her custody or control any firearm capable of being
concealed upon the person or prevent his or her conviction under
Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of
Part 6."

The relevant pc is here: http://leginfo.ca.gov/cgi-bin/displa...le=1191-1210.5

[OleCuss]

They should probably talk to Jason Davis.

I'm no expert, but it sort of sorts out like this:

If you were convicted of a felony but the offense was a "wobbler" (meaning that it could have been charged as either a misdemeanor or as a felony), the way that you get your RKBA back is to work with an attorney to first get the felony reduced to a misdemeanor and then get the expungement (although IIRC in California it's not technically an expungement).

If it wasn't a wobbler - it just isn't going to work until we've got more successful litigation. I think that particular litigation is a ways down the road although it is possible that Don Kilmer's MDV case may lay some of the groundwork for that (IANAL and don't know enough to have any certainty on that).

But if you get a felony "expunged" you are still prohibited.

People need to use a good lawyer for this stuff. Down there, Jason Davis may be their best bet.

[ruchik]

Even if a prior felony is expunged, that individual cannot ever own a gun of any sort ever again?

[paul0660]

File that form that tells if you are eligible. Don't have it handy right now.

[Ubermcoupe]

There was a similar thread that just passed that I commented on about similar PC.

FWIW:
The felony is the prohibiting part.
The only legal ways to regain firearm rights are through 17B & 1204.3 or Federal Pardon (state pardon works in the state, but federally its still recognized as a felony, thus prohibiting).

She will need to speak with an attorney to get her rights back.

If I am wrong please correct me and I will edit the post.

BTW: your friend (Husband) can still store the items in the house as long as they are always locked securely away and the wife has no way to gain access to the items.

[Ubermcoupe]

File that form that tells if you are eligible. Don't have it handy right now.

CA PFEC App

[OleCuss]

Even if a prior felony is expunged, that individual cannot ever own a gun of any sort ever again?

I'm not at all certain about how it works in other states, but here in California it is a bit worse than your question suggests.

An "expunged" felony is still prohibiting. But note that the prohibition goes beyond ownership to possession as well.

So you cannot let a felon who has had their offense "expunged" have access to a firearm at all. The only exception to this that I know of is that if they are defending life and limb they might get by with possession for the brief period of time during which they are actively defending said life and limb.

Of course, since they are normally prohibited from possession it is unlikely that a felon will have legal access to a firearm when they are at risk for life and limb - but it has happened. But the net effect is that if a home invasion is occurring you could probably legally give the former felon a firearm to use for that incident. And if the former felon should take a firearm away from an assailant they could probably make legal use of the firearm.

But I'd not be surprised if a former felon went to jail/prison even for a pretty clear case of possession only during a dire risk to life and limb. Do not trust a court to do what I might think to be "The Right Thing".