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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 11884
Experience:  JD, MBA
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I was just granted a reduction from a felony case , to a Misdemeanor,

Customer Question

I was just granted a reduction from a felony case , to a Misdemeanor, and also aloud to trun my records to show my plea to a not guilty.. Can I own firearm's again? I would love to be able to take my son hunting for the first time...
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
Has the case been resolved yet or is it still pending?
Customer: replied 7 years ago.
what do you mean resolved... Far as i know i'm done...
Customer: replied 7 years ago.
Case has been resolved and I do beleive that i am done...thier is nothing pending.
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you. The other expert opted out, so I’ll try to answer your question.

Question: “the case is dismissed pursuant to provisions of penal code1203.4

Can I own firearm's again?”

Answer: I’m sorry to say that the answer is no. Penal Code Section 1203.4 specifically states:

Dismissal of an accusation or information pursuant to this section

does not permit a person to own, possess, or have in his or her

custody or control any firearm or prevent his or her conviction under

Section 12021.

I truly wish I had better news for you.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found some value in my answer. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 11884
Experience: JD, MBA
TJ, Esq. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Is thier any thing that i can do to get these right's back?
Expert:  TJ, Esq. replied 7 years ago.

It sounds like you’re going to have to petition the Governor for a pardon. Even with the pardon, however, you may not possess a firearm if the felony you were originally convicted of involved the use of a dangerous weapon. Penal Code 4854 states:

4854. In the granting of a pardon to a person, the Governor may

provide that the person is entitled to exercise the right to own,

possess and keep any type of firearm that may lawfully be owned and

possessed by other citizens; except that this right shall not be

restored, and Sections 12001 and 12021 shall apply, if the person was

ever convicted of a felony involving the use of a dangerous weapon.

Assuming your original conviction had nothing to do with dangerous weapons, and the Governor does grant you a full pardon with firearm rights, then you may lawfully possess a firearm under Federal law as well. However, if any restrictions are placed on your right to possess a firearm by California, then Federal law would outlaw it completely. For example, you were given the right to possess a rifle, but not a handgun, by California, then Federal law would even restrict your right to possess the rifle. So, there are two sets of laws to get past … California first, then Federal second.

There are two ways to get a pardon: (1) A Certificate of Rehabilitation, and (2) A Direct Pardon. The former involves petitioning the trial court, then waiting through the rehabilitation period, then the trial court sends the Governor a recommendation that you be pardoned. The latter method involves contacting the Governor directly. The former method is likely the more successful method. In order to get started, I suggest that you contact your attorney for help in drafting your petition.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

 

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