If I got my misdemeanors expunged, can I own a gun again? 9 Answers as of August 22, 2011

I was guilty to theft back in 2004 (felony) and was sentenced to 180 days (county jail). I served 100 days with good time. I immediately paid all restitution, and successfully completed 3 years probation (completed in 2007). I have NOT been in trouble since and want to know if I get the felony reduced to a misdemeanor (which I should be able to do) and then have it expunged, will I be able to hunt again? I meet the criteria from all of the documentation I have read so far. Per Every Lawyers website I qualify to have my charges reduced to a misdemeanor and expunged. I didn't serve State Prison time, Not a Sexual crime, NOT a violent crime. I have had attorneys tell me that I would be able to own a gun again and others said I wouldn't. Isn't there a clarification somewhere in the law books? More Information:Violation Date: 12/20/2003.Violation: 368(d) PC. Disposition Date: 03/16/2004. Thank you for your time!

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
An expungement of a felony will not allow you to own a gun. You can try to reduce the felony to a misdemeanor and that might work. The best way to get your gun ownership rights back is get the expungement followed by a certificate of rehabilitation.
Answer Applies to: California
Replied: 8/22/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
If you were convicted of a felony you may not own or posses a firearm. Having it reduced to a misdemeanor and expunged will not change this.
Answer Applies to: California
Replied: 8/22/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Any person who (a) has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or (b) is addicted to any narcotic drug may not own or have in his or her possession, custody, or control any firearm . (Penal Code 12021(a).) It is unlawful for any person who is prohibited from possessing firearms, to possess ammunition. (Penal Code 12316(b).) If you get it reduced to a misdemeanor you should be good to go on owing a gun.
Answer Applies to: California
Replied: 8/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Under both CA state and US federal law you permanently lose your firearms rights if convicted of a felony, some violent misdemeanors, have a domestic violence restraining order issued against you, or are involuntarily committed for psychiatric treatment. Once permanently lost that way, a citizens firearms rights can not be restored. You can sometimes have firearms rights lost for a fixed period of time by specific court order or by conviction of some misdemeanors. When the time is up, you can get them back. Yes, your conviction can probably be 'expunged' from criminal records by proper application and Petition to the court, but expungement does NOT clear, 'remove' or erase the conviction, and does NOT restore lost firearms rights. Period. End of debate. This post sounds identical to several previous. If so, you cant rationally expect a different answer, no matter how many times you ask. The law is clear. It doesnt matter that you dont like it, or that others dont understand it. If you wont believe my answers or others, you can read to your hearts content Penal Code 12021, and Penal Code 1203.4. When all is said and done, Id be happy to represent you in getting an expungement, which would help in obtaining and keeping employment. Once that is done, you can get the absolute authoritative answer from DOJ about your post- expungement firearms rights by requesting a non-purchase background and eligibility check through a gun store. Maybe youll believe the DOJ. Now, Ill tell you what I tell others when they claim I dont know what I am talking about. If and when you find someone who manages to get your gun rights restored for you other than by a Governors Pardon which I already explained, I want you to contact me, explain exactly how they did it, and I will eat crow. Heck, Ill pay you $5 for that education. I have yet to have anyone able to take me up on that challenge.
Answer Applies to: California
Replied: 8/20/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
I do not believe this is correct. My understanding of the law is that an expungement is not good for all purposes, one of which is gun ownership. In the last expungement for which I got an order from the court, it stated "This order does not permit a person to own, possess or have in his custody or control any firearm or ammunition and does not preclude prosecution pursuant to Penal Code 12021. " There are firms which advertise they can restore gun rights for those who have suffered a felony conviction, I am not sure they can actually deliver.
Answer Applies to: California
Replied: 8/19/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The answer is no firearms and no ammunition. Even if the case is reduced to a misdemeanor, the ban on guns is for life. You may, however, hunt with a cross-bow.
    Answer Applies to: California
    Replied: 8/19/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Depends on the misdemeanors. There may asobe federal restrictions.
    Answer Applies to: California
    Replied: 8/19/2011
    The English Law Firm
    The English Law Firm | Robert English
    The expungement part doesn't matter. The only part that matters is reducing a wobbler felony to a misdemeanor. That should allow your rights to be restored as long as the misdemeanor is not one that prohibits firearm possession.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Offices of Dan Bacal | Dan Bacal
    PC 368(d) is reduceable to a misdemeanor, at which time your right to bear arms should be restored.
    Answer Applies to: California
    Replied: 8/19/2011
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