Follow us!

    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.


  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.