Re: CA PC 1203.4 and firearms prohibition??

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You need to check with a California lawyer about that. I'm
going to going to look up out of state codes and research
the law in California.

But if your conviction was set aside, then you aren't
convicted. So whatever problems that conviction caused
should go away.

But you best make sure that's in fact what happened. I get
clients all the time telling me their conviction was
expunged, when in reality all they did was complete SIS
probation.

P.S. I just dredged up this old thread as a diversion to the
tag team going on with W and T.

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.