Re: CA PC 1203.4 and firearms prohibition??
Posted by kyle on 4/20/08
On 8/10/05, j.b. wrote: > Need information on how to acquire relief from the federal > firearms prohibition and information of a CA attorney that > is experienced on these types of cases. > > > Here's my scenario, I was charged with misdemeanor > domestic battery in 1999, after many months of pre-trial > arguments I accepted to plea no-contest, but only after > the prosecution offered me relief from the automatic 10- > year firearms ban {I believe the relief is under CA Penal > Code 12021(c)(2)}. I contacted the LA office of the ATF > to verify that the state waiver was recognized in fed law > and they assured me it was. I returned to court and > accepted the deal and the court granted me the waiver. > Well apparently ATF has recently decided that it would no > longer honor the CA state waivers. I have since had my > conviction dismissed/set-aside under PC 1203.4, but I am > not sure if this will reinstate my right to possess a > firearm. I have heard that a 1203.4 expungement does not > restore the right to possess a firearm, but I believe that > refers to the automatic 10-year ban imposed by the state. > > Does it matter that I was originally granted relief from > the firearms prohibition by the state court? What other > avenues do I have to pursue? > > I appreciate any info. hello this is kyle i belive that you know have to file a 851.8 to seal your record through the ca,doj or which state you live in at a federl level whitc is fbi record check sealent
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