Posted by j.b. on 8/10/05

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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.

Re: CA PC 1203.4 and firearms prohibition??, 4/20/08, by kyle.

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