Can I own a gun in California after a domestic violence dispute? 2 Answers as of November 29, 2010

I was arrested for domestic violence while in the military. The judge said he did not want to interfere with my military career so he dismissed me from coming in contact with guns. My question is, can I own a gun in California if the judge dismissed me from the gun requirements and had my record expunged?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Dispute yes, conviction no.

Your question is not understandably worded: dismissed me from coming in contact with guns

If you have been convicted of any felony, or some violent misdemeanors, or have had a domestic violence restraining order permanently issued against you [whether it said anything about firearms or not], then you are barred for life from having firearms or ammunition in your possession or control. If the permanent restraining order was NOT entered, then you may not have lost your firearms rights because of a RO. Go back and read your court minute orders you were given, or get a copy from the court.

Expungement of criminal convictions does NOT restore lost firearms rights.

Ultimately, you can go to any gun store and pay to do a non-purchase background check to see if DOJ says you are barred.

If serious about consulting, feel free to contact me to arrange.
Answer Applies to: California
Replied: 11/29/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
That is a tough one. You were not convicted of a felony which would prohibit gun ownership either by California or the Feds. I believe you are also banned, for maybe 20 years, from gun ownership after a domestic violence case, but if the judge did not add that clause you might be o.k First you should go to the Clerk of that courthouse and check the record to see what he actually said. If he said something like "I am not going to ban you from gun ownership" I would get a certified copy of the minute order and have it with you whenever you have your gun. The expungment does not make a difference. It is what he said in the final judgment. Good luck.
Answer Applies to: California
Replied: 11/29/2010
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