PROP 64 reducing felony to a misdemeanor

[Tripper]

I am definitely not a lawyer, but work in LE in an area with a lot of marijuana cases. Prop 47 has specific wording stating a prop 47 reduction per PC 1170.18 does not grant 2A rights back.

And I've seen court orders reflecting exactly that


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[The Papa]

edwardm, I have read the wording in the link you posted concerning prop.64 resentencing procedures starting on pg.34 saying, "unlike prop.47, the resetencing does not preclude the right to own & possess firearms." That sounds legit. But will the DOJ firearms dept. honor this part of the new prop. law after i have had my judgment of reduction to reflect such on my DOJ adjusted criminal record & then DROS? Thanx

I know why you might "think" DOJ might not honor but it is law now. IMO... Prop 64 is different than prop 47 because what you, myself and many many others were charged with as a felony way back when could today only be charged with misdemeanor. After petition is granted and orders received it's as if we never received that felony charge because today that felony charge would be "unlawful". Some cases may very but I'd say for the majority this holds true.

Do you have your orders? If so go for it! I'm running another live scan for "record review" today to see if DOJ is current and then I'm hoping for a very nice Fathers Day gift... preferably something that needs a holster.

[grumeazy]

Right, basically if I did the exact same thing today with the exact same circumstances, I would be guilty of a misdemeanor. That's the caveat of prop 64 vs prop 47. Plus like coyote said, 47 had a specific clause that it would not restore firearm rights.
Like Papa said, its law they don't have a choice. Can they drag their feet and make it difficult? of course. Will they? probably.

Angeleno - you are saying the DOJ record already reflects the adjustment?

[Big Gorilla]

Years ago I had some issues over a sale on eBay. Long story but I ended up with a felony. 3 months before my probation was over my attorney got my probation terminated early, case reduced to a misdemeanor and a not guilty plea entered and then expunged. Not even a month later I purchased 3 firearms, 1 handgun and 2 longuns. About 3 months after I got a ffl license in my name.

I didn't read what your charge was but as long as it's not a violent crime, or drug charge, or firearms charge obviously you ghouls be good to go.

I have spoken with some attorneys in the past and they stated even though a felony gets reduced you can never own a firearm again. This is absolutely false. Pretty sure they were just anti-gun turds.

Best of luck to you and if you have any questions feel free to pm me

[csshih]

Years ago I had some issues over a sale on eBay. Long story but I ended up with a felony.

I would love the long story!

[Big Gorilla]

My apologies I didn't know what prop 64 was. Just looked it up. In this case I have no idea

[grumeazy]

Years ago I had some issues over a sale on eBay. Long story but I ended up with a felony.

Go on....

[losangeleno]

PAPA, Yeah i recieved my HS-11539 Reduction like 3 months ago. Then a little Over a Month ago i sent the DOJ Records Review & Challenge Unit a copy of the court judgement order along with the doj form to challenge the accuracy & completeness of my criminal record as to be adjusted to reflect the new misdemeanor conviction. I recived a letter from them (DOJ) that stated they are still in the process of reviewing my claim.

[losangeleno]

GRUMEAZY, I submitted a DOJ claim form to the DOJ records review unit with a copy of my felony reduction judgment order from the court to challenge the accuracy & completness of my criminal record to reflect the reduction. This was done a little over a month ago. about a week ago i emailed them for a status report and recived an email stating they are in the process of reviewing my claim. guess it should be showing up soon so i can move on with the next step. and i hope i don't have to get an attourny for any of this bull****.

[grumeazy]

GRUMEAZY, I submitted a DOJ claim form to the DOJ records review unit with a copy of my felony reduction judgment order from the court to challenge the accuracy & completness of my criminal record to reflect the reduction. This was done a little over a month ago. about a week ago i emailed them for a status report and recived an email stating they are in the process of reviewing my claim. guess it should be showing up soon so i can move on with the next step. and i hope i don't have to get an attourny for any of this bull****.

Well from what we have read and discussed, once they determine there is a need to investigate they then forward the request to the agency thatg furnished the information that is being challenged. That agency gas 30 days to respond to the doj. Then the doj has to make a decision. After they make a decision they have 30 days to inform you of the decision. There doesn't seem to be any place that says how long the doj has to forward the packet to the other agency or how long they have to make a decision after they receive the response. Only clock is in the other agency to respond to doj and then for doj to notify you of their decision. So minimum 60 days of clock time plus typical government lag in between. If I had to guess, all should be complete inside of 90 days. Don't count on them giving yuou a decision in 30, not going to happen. I've waited 16 years, I can wait a few months. Plus I can save up for a nice safe.

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[The Papa]

Let me ask you guys who are now "legal" because of court orders even though DOJ doesn't see it yet... would you or have you gone to the range and/or rented guns yet? Aren't we legal once the judge gives orders?

[grumeazy]

Let me ask you guys who are now "legal" because of court orders even though DOJ doesn't see it yet... would you or have you gone to the range and/or rented guns yet? Aren't we legal once the judge gives orders?

I have yes but I didn't rent anything.

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[homelessdude]

I had a friend just go thru it and after it was reduced the public defender who filed it told him he would have to ask the governor for a parden to get his gun rights back. After reading 64 and the replies here I think the PD was wrong. It looks like he has a chance to make it happen.

[grumeazy]

Heck yea. Have him do a live scan and see if DOJ records have actually updated.

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[losangeleno]

homelessdude, did he get a reduction via prop. 47 or 64?