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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33072
Experience:  Began practicing law in 1992
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The DOJ sent me a letter after my firearm purchase stating

Customer Question

The DOJ sent me a letter after my firearm purchase stating denial is due to PC 243. I have a PC 243 (B) battery on a peace officer/ emergency personal/ ETC. A 243 is spousal abuse.
I was convicted on 7/25/08 and released early from probation 11/04/10 then later a order of dismissal PC 1203.4, 1203.4a on 11/19/10. Do I need to proceed with PC section 4852.01 et seq. or does my PC 243 (B) not fall under the California 10 year ban and if so is the attorney generals office wrong? what should be my next step?
Submitted: 10 months ago.
Category: Legal
Customer: replied 10 months ago.
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Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I'm a little confused by your facts. Were you convicted for spousal abuse or any crime involving domestic violence?

Customer: replied 10 months ago.
no I was convicted of PC 243 (B) battery on a peace officer/ emergency personal/ ETC. It was a misdemeanor that is now expunged
Expert:  Dwayne B. replied 10 months ago.

The CA statutes (PC 29805) state that a conviction of 243 results in a ten year ban.

The actual CA statutes that are relied on for the 10 year ban can be seen at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=29001-30000&file=29800-29830

So that would mean that you need to proceed with 4852.01 and get the Certificate of Rehabilitation.

Expert:  Dwayne B. replied 10 months ago.

I do understand the confusion and those sections of the Penal Code are some of the most poorly worded I have seen.