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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Is it possible to restore my gun rights prior to the end of

Customer Question

Is it possible to restore my gun rights prior to the end of the 10 year ban in California if I was convicted of PC 246.3?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

When you refer to the 10 year ban - by what was that imposed?

Were you charged with a misdemeanor under PC 246.3 or as a felony?

Customer: replied 1 year ago.
I was convicted of misdemeanor PC 246.3. When I am able to I'm going to get this expunged. In Caifornia this charge carries a 10 year gun ban. I want to see if I can restore my rights to own firearms prior to the end of the 10 year ban.
Expert:  Samuel II replied 1 year ago.

Thank you.

That's interesting that as a misdemeanor that does not carry a possible sentence of MORE than 1 year would also have a gun ban.

Customer: replied 1 year ago.
There are several laws in California that are Misdemeanors that carry a 10 year gun ban. It is not a federal gun ban just california.
Expert:  Samuel II replied 1 year ago.

Yes. I am looking at my research now.

Expert:  Samuel II replied 1 year ago.

I am not finding any statutes that allow a person with a 10 year gun ban to petition the court to have the ban vacated.

Expert:  Samuel II replied 1 year ago.

I suggest, you could apply for a Pardon and if you get the pardon, then petition for expungment.

Now, you can petition for expungment without the pardon, but that will not vacate the conviction and thus the 10 year ban

Customer: replied 1 year ago.
Thanks
Expert:  Samuel II replied 1 year ago.

But if you apply for an get the Pardon, that essentially forgives the crime. That would be the only way I can see the ban could be lifted - via a pardon.