Can I buy a gun after a domestic violence crime? 10 Answers as of August 04, 2011

In my court papers it says: do not own, use, or possess any type of dangerous or deadly weapon for 10 years. Does that mean i can buy a gun after 10 years of my conviction date?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Unless there is some other reason you can't do so like a felony conviction.
Answer Applies to: California
Replied: 7/20/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
If it is a misdemeanor, check to make sure no other orders of the court have been issued, eg, TRO's. If nothing, then the safest thing to do is go back to court and ask for an order allowing you to have a gun. If it is a felony, you are barred for life under a separate statute which makes it illegal for a convicted felon to own a firearm.
Answer Applies to: California
Replied: 7/20/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
California law says you cannot purchase a gun for 10 years as you stated. However, the federal government will bar you for life because you have a domestic violence conviction. In other words, you will never pass the federal background check because of the California conviction. You would need a pardon from the governor, which is nearly impossible these days.
Answer Applies to: California
Replied: 7/20/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you now have a permanent RO imposed on you, not just the temporary request, the following applies. Under CA state law your court order only bans you for ten years, but under federal law you became a prohibited person, barred for life from buying, owning or possessing firearms or ammunition upon conviction of a felony or some violent misdemeanors, or upon having a DV permanent restraining order imposed on you. Federal law kicks in at the end of the ten years. There is no expungement or other mechanism for restoring firearms rights under federal law, even though there sometimes is under state law. The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes [PC 286(c), PC288, PC288a(c), PC288.5, PC289(j), PC261.5(d)], and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 7/20/2011
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