felony 496d (a) reduced to misdemeanor and expunged per 1203.4 and 17b

[wildhawker]

^^^This^^^ is the right answer. Seriously, you won't get a better answer from any attorney.

I agree that the PFEC is the cheapest, easiest option for a go/no-go but I wouldn't agree that you couldn't get a better answer from any attorney.

-Brandon

[stix213]

Fill this form out, send it and the fee in and see what they say.

http://oag.ca.gov/sites/all/files/pd...s/pfecapp.pdf?

I agree, it sounds like your firearms ban should be over. Send in this form with the fee. If they respond back that you are banned (which has happened many times as evidenced by numerous threads on this forum) then you may need an attorney to sort it out depending on what the problem is. You could speak to DOJ first to get them to tell you what the holdup is. Sometimes the info just hasn't gotten to where it needs to go, etc, etc.

[MudCamper]

I was charged with a 496d (a) possession of stolen propriety a (Wobbler) felony. It was a dirt bike. Anyways, I went to court and had it reduced to a misdemeanor (17b) and expunged (1203.4) My question is, since it was reduced and expunged do I have my gun rights restored? I live in California and I can't seem to find a straight answer.

Straight answer: The 17(b) restored your firearms rights. The 1203.4 did nothing for firearms rights but it didn't hurt anything.

http://www.paul.net/guns/CDM_Memorandum_on_restoration_of_rights.pdf

[joev2340]

Good look hope all goes well

[eltee]

Bear in mind that dismissals, reversals, expungement, and sealing orders are often not completed by the courts, the records keepers, automated records systems (i.e., PIN, CLETS, CII, NCIS, TECS, etc.). Along the way sometimes orders get lost. As a background investigator I can tell you that a check by LE can sometimes show an arrest / conviction that should have been dismissed / expunged per the court. I also know of BATFE finding something that had been dismissed but still triggered a red flag with them.

[srcsteven]

Straight answer: The 17(b) restored your firearms rights. The 1203.4 did nothing for firearms rights but it didn't hurt anything.

http://www.paul.net/guns/CDM_Memoran..._of_rights.pdf

Thx, Love the info... I'm also going to do a DOJ check as well.

[Oceanbob]

Thx, Love the info... I'm also going to do a DOJ check as well.

Hey, Welcome to Cal Guns..!

Yes, do the form. Getting CONVICTED of a Felony is the key. You were not convicted so I think you're good. But take the time and do the form anyway.

Good Luck..!

[winnre]

If you are CONVICTED of the felony and do a 17b it basically goes back in time and makes it a misdemeanor from the get-go.

[sierratangofoxtrotunion]

Bear in mind that dismissals, reversals, expungement, and sealing orders are often not completed by the courts, the records keepers, automated records systems (i.e., PIN, CLETS, CII, NCIS, TECS, etc.). Along the way sometimes orders get lost. As a background investigator I can tell you that a check by LE can sometimes show an arrest / conviction that should have been dismissed / expunged per the court. I also know of BATFE finding something that had been dismissed but still triggered a red flag with them.

A friend of mine experienced this. Did something dumb when he was 18, got nailed for a wobbler, got the court to reduce and expunge. Somewhere along the way, CADOJ never got the memo. He had moved out of the area by that time, and I went down to the court and got a copy of his entire file, found the one piece of paper that set him free, he called CADOJ and told them he had an expungement that they didn't get, I got a certified copy of that one paper, I faxed it to CADOJ, they called the court to confirm / verify, they cleared him and he now has his firearm rights restored.

[eltee]

A friend of mine experienced this. Did something dumb when he was 18, got nailed for a wobbler, got the court to reduce and expunge. Somewhere along the way, CADOJ never got the memo. He had moved out of the area by that time, and I went down to the court and got a copy of his entire file, found the one piece of paper that set him free, he called CADOJ and told them he had an expungement that they didn't get, I got a certified copy of that one paper, I faxed it to CADOJ, they called the court to confirm / verify, they cleared him and he now has his firearm rights restored.

He should consider following up so that it actually gets cleared in the "system" or it may come up again when somebody else runs him.

[donny douchebag]

I'M NOT A THIEF, I just got ****ed over.

I've heard most prisons are filled with the same kind of people.

[srcsteven]

I've heard most prisons are filled with the same kind of people.

what are u trying to say? And yes!, I got ****ed over! I did nothing wrong except believe that the bill of sale i got was legit. I learned the hard way to always get the pink slip. U can never trust anyone, That's all I got from this ordeal.......