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I plead guilty to a misdemeanor charge of domestic violence…

I plead guilty to a...
I plead guilty to a misdemeanor charge of domestic violence in July 2001. Is it possible to get my 2nd amendment right reinstated?
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Answered in 5 minutes by:
12/8/2009
DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
Satisfied Customers: 25,285
Experience: Attorney
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Thank you for the post, in what state do you reside?

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Customer reply replied 8 years ago
California

Thankyou, yes you are eligible to obtain a permit to carry a firearm so long as the previous conviction did not involve the use of a firearm. See http://law.onecle.com/california/penal/12001.6.html

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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,152
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
This above answer is incorrect. A domestic violence offense will cost you your state and Federal gun rights unless or until California will expunge your misdemeanor. When you try to purchase a weapon, you will not clear the FBI check. If you carry one, you can be arrested and charged with a felony.

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This above answer is incorrect. A domestic violence offense will cost you your state and Federal gun rights unless or until California will expunge your misdemeanor. (See also PC 12021(c)(1))

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Customer reply replied 8 years ago
How does one go about getting this expunged?
Customer

California makes it fairly easy to apply for an expungement. I don't know that they are as free about granting one, but you can certainly find out. (See California Expungement law here) The state offers its own very handy free do-it-yourself expungement self-help center. I am linking it here for you. It includes directions and forms you can download so that you can apply. You can also check your eligibility for the dismissal before you invest too much time in the enterprise.

There are lawyers who specialize in expungement, but it's not necessary to retain one so long as you're comfortable with the process. If you do feel that it's over your head or that your chances of success might be better if a lawyer did this for you, you could get a low cost one-time 30-minute consultation with an expungement lawyer by contacting the California Bar Association's referral service. They license lawyers in the state so anyone they'd refer you to would be a member of the state bar in good standing.

Gun rights are very tricky because there are both state and Federal prohibitions that apply and they appear at times to conflict. Nobody will make it easy for you to get your gun rights back, and if you don't jump through all the hoops you could find yourself in trouble. There are lawyers who specialize in this sort of thing too, whom you could reach the same way.

Good luck!!
_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,152
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 8 years ago
Thank you very much for the info. The link for the self-help center did not work though.
Hmmmm.

Wonder why it didn't work. I'll embed it again here. If that doesn't do it, go to http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

Thanks and good luck!
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