Re: CA PC 1203.4 and firearms prohibition??
Posted by j.b. on 8/30/05

Thanks, I did in fact get an expungement as I stated below. I
am still trying to find a lawyer in California that can assist
me.

Thx,

On 8/17/05, Ozarks Lawyer wrote:
>
>
> 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.

Posts on this thread, including this one

• CA PC 1203.4 and firearms prohibition??, 8/10/05, by j.b..
• Re: CA PC 1203.4 and firearms prohibition??, 8/17/05, by Ozarks Lawyer.
• Re: CA PC 1203.4 and firearms prohibition??, 8/30/05, by j.b..
• Re: CA PC 1203.4 and firearms prohibition??, 9/19/05, by M.G.H.
• Re: CA PC 1203.4 and firearms prohibition??, 11/05/07, by F.E..
• Re: CA PC 1203.4 and firearms prohibition??, 4/20/08, by kyle.