Is it legal for me to own a gun if I have a misdemeanor on my record? 11 Answers as of August 04, 2011

I am getting off probation in September. I had got a battery/assault misdemeanor 3 years ago. Can I own a gun? 1st offense, it was not domestic related. Can I get it expunged and own a gun?

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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
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
It will depend on the terms of your probation. You should go to the court clerk and request a copy of the minute order from the date you were sentenced, this will have your probation terms on it. From the conditions of probation you will be able to determine if you can own or possess a weapon. If that term is on there you will want to be absolutely positive you have completed probation before getting a gun. Misdemeanors by themselves do not prevent you from owning a gun, only felonies do that. Also, it will still be a good idea for the future to expunge your record once you have completed probation.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You cannot own gun for 10 years unless you obtain special relief from the court. I would consult an experienced certified criminal law specialist.
Answer Applies to: California
Replied: 7/26/2011
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Yes. You need to check the terms of your probation, but once you are off probation it should be legal for you to own a gun.
Answer Applies to: California
Replied: 7/25/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You would be a person prohibited from possessing firearms or ammo if convicted of any felony, or had a domestic violence restraining order against you, or been committed to a mental institution, among other disqualifiers. The law that may be more applicable to you is a 10 year firearms ban under CA law as follows: any person who has been convicted of a misdemeanor violation of some violent misdemeanors, Penal Code Section 71, 76, 136.1, 136.5, 140, 148(d), 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, 12023, 12024, 12034(b) or (d), 12040, 12072(b), former 12100(a), 12220, 12320, 12590, or Welfare and Institutions Code Section 8100, 8101, 8103, any firearm-related offense pursuant to Sections 871.5 and 1001.5, or Section 12072(g) (3), Youll have to check to see if your conviction was for one of those sections. You could also have a specific ban imposed by the convicting judge as part of sentencing or probation, so check your court file. The horses mouth answer will come from DOJ. Youll get it by going to a gun store [without touching any firearms] and requesting a non-purchase background check, which will generally take a few days. If DOJ issues a clearance letter, you are good to go. Keep the letter. If they say prohibited, dont so much as touch a gun again or even be in the presence of other peoples guns, like in a car or house. 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.
Answer Applies to: California
Replied: 7/25/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Can't own gun for 10 years after misd battery or assault conviction, something attorneys too often don't tell their clients. We don't have a real expungement in Cal, and the phony baloney thing we have that people call expungement does not assist gun possession.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Barry Melton
    Law Office of Barry Melton | Barry Melton
    A misdemeanor battery or assault conviction carries a 10-year prohibition for owning or possessing a firearm. A so-called "expungement," i.e., relief per Penal Code sections 1203.4 o04 1203.4, does not provide relief for the prohibition against owning or possessing a firearm.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Because of the 242 conviction, you are banned from owning or possessing a firearm for 10 years. An "expungement" (more correctly a dismissal) under Penal Code 1203.4 won't affect this 10 year ban.
    Answer Applies to: California
    Replied: 7/25/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Typically a misdemeanor does not take away ones gun rights. However the best answer will come from your previous attorney who knows what was in your plea agreement. If you cannot contact your old attorney go to court and look at the plea agreement.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Once you have successfully completed the terms of your probation, you can get an expungement if you haven't picked up a new criminal charge. However, a lot of the times, the Court will impose a 10 year gun restriction on assault/battery cases. An expungement will not terminate that restriction. Look at your minute order and guilty plea forms (you can find this online or at the courthouse) and if there is a gun restriction, it will be located on these documents.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    Yes, you can.
    Answer Applies to: California
    Replied: 7/25/2011
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