Discussion in 'Criminal Charges' started by rookie000, Jul 19, 2010.
in 2000 646.9b and then 2006 granted 1203.4 what is my next step to get my gun rights back? thanks
Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties
You must get the court to specifically restore your gun rights. So, a judge either has to append the 1203.4 or you must request a new expungement order - I am not sure of the specifics, only that the court-ordered expungement must specifically restore those rights.
restore gun rights
thanks for your reply. i have a question for anyone. Is Penal Code 646.9b a felony wobbler?
PC 646.9(b) is a felony. Apparently you were convicted of stalking while a restraining order was in place.
I have to say that the odds of a court granting a restoration of firearms rights under after a stalking conviction is slim. A court is going to be VERY leery unless your victim is a couple of thousand miles away now.
Is a criminal protective order currently in place? Any other restraining order?
Thank you officer for your time. There are no current protective orders in place or any restraing orders, im all done. i was told my offense is a straight felony and i have learn a hard lesson and the only chance i may have, if any, is go back to court and try to plea to another offense if that even would work.. I'm so bum. And there has only been 3 pardons granted this year in Calif. Please let me know if you have any other ideas. Thank you.
Dude, you're a free person.
You're not in prison.
So what, you can't own a gun?
Is gun ownership that important to you?
If gun ownership had been as important then, as it apparently has become now, you might not have gotten involved in whatever it was that caused you to sustain a felony conviction.
Count yourself a lucky person, there are those in confinement today that wish they had their freedom.
Some of those will never walk this earth as a free citizen again.
Some people are free and can't get decent employment.
All things considered, is a gun that important?
If it is, maybe you're better off NOT ever having a gun.
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If you want to have a firearm, try black powder weapons - they are not generally covered under CA or federal firearms restrictions. No, they are not great for self defense, but they can be fun as a hobby.
Thank you for your reply, but i think some people should be given another chance in life.
Thanks sarge, I'll look into the black powder idea, im disable and looking for a hobby.
I have some black powder weapons myself and they can be interesting ... but, the darn things need to be cleaned so often!! Aaargh!!
5 Steps to Restore Your Gun Rights in Washington State
In Washington State, there are 5 steps, or criteria, that must be satisfied to restore your right to possess a gun.
1. To be eligible to restore your right to possess a firearm, you cannot have any criminal charges pending against you. This means if you are currently charged with any crime in a court in Washington State, a federal court, or a court in any other state, you are ineligible to have your right to possess a gun restored.
2. The required amount of time has passed.
Your right to possess a firearm can be restored in Washington State if at least five consecutive years have passed without being convicted of any crime. The five year period applies if the conviction that suspended your right to possess a firearm was a class B or class C felony. If you were convicted of a misdemeanor that suspended your right to possess a gun, then three years must pass before you can have your right restored.
3. You were not convicted of a crime that permanently prohibits you from possessing a firearm.
Convictions for certain crimes take away your right to possess a gun permanently. In Washington State, if you were convicted of a class A felony (most serious), you cannot have your firearm possession right restored. Additionally, if you were convicted of a crime in another state or in federal court that would constitute a class A felony in Washington State, or which has a maximum sentence of twenty years or longer, Washington State law does not permit your gun rights to be restored. The last category is sex crimes. If you have a conviction for an offense classified as a sex crime under Washington law, then a Washington State court will not restore your right to possess a gun or other firearm.
4. There is no court order currently in force that prohibits you from possessing a firearm.
Conviction of a crime is not the only means by which your right to possess a gun in Washington State can be taken away. Some criminal court orders, and certain civil court orders such as a domestic violence protection order, will prohibit possessing a gun.
5. You have never been involuntarily committed to a mental health facility for treatment.
If you were ever committed to a mental health facility without your consent, then you are not eligible to have your right to possess a firearm restored in Washington State.
As you can see, you can have your right to possess a gun restored in Washington State if you meet the criteria. In most cases, these 5 steps take only a few weeks to complete.
Of course, the poster is not IN Washington state - he is in CA and will have to get a court to sign off on the restoration as it is not automatic under state law after one obtains an expungement here.
Jurisdiction/Place: USA - California
Police came on a Thursday, the day prior to the actual day in which they took the items that I am being charged with (1- shotgun and 1- 22 caliber rifle), at approximately 8AM. They stated to me that they were looking for a tenant of mine. They were told I unsure if he was in the room he rents from me and granted entry to look for him at this time they were directed to his room and I was told to remain downstairs while they poceeded upstatirs. The tenant was not in there room so they proceeded into my part of the house to search after being told clearly more than once that he was not in my part of the house. After this they proceeded back downstairs to search other tenants rooms whom also rent at my residence. They saw that he was not anywhere in the house and left shortly after this. They told me that they would be back and I had no problem with this matter, which was to arrest him for a warrant. For him to be in my house with a warrant was not acceptable to me and I had no problem for them to return when he returned home, and arrest him.
He returned home later that day in which I stood next to him while he made a call to the court about this. He told me that he was going to handle this immediately. I proceeded to evict him at this time due to this negilegence to handle this matter which created this incident to occur. I fealt violated due to the fact that after searching his area of occupancy, they continued into my space. My dogs had guns pointed to there head as well as officers stating “Get the dog someone, I’m going to shoot the fucker” He was inside my room and when they came into my room they came fact to face with my dog. This was the end of this subject, for this day only (again please remember this day was still Thursday)
Friday police appeared , they proceeded in the front door upstairs without announcement. I was washing dishes in in my kitchen upstairs. I heard a loud bang, at this time I turned to see officers rushing in shouting loud “get the dog or I will shoot him again” I did get the dogs.By the time I restrained the dogs, I noticed that the tenant whom which they were looking for was being taken downstairs. I was immediately told to go outside to my front yard while they continued to search my entire house including all my personal property upstairs which was not anyplace he had access to at anytime. There was a dog brought in shortly after, I was told the dog was a bomb sniffing dog of some sort. I was not restrained while waiting outside but told I could not re enter until they were done. It was about 2 hours before I was let back into my residence.Again this is after they had the tenant in custody. They told me that there was also a gun found in his room, I did not witness this for myself, nor did I see this firearm.
The police told me that I was to not proceed any further after this incident in anyway or else I would be
Sorry that I did that. The officer held up a shotgun I inherited from my grandfather and father ( This has been in my family many generations , I believe they are both antiques)The officer stated to me “ This is going to look real nice on my wall” The guns were taken at that time. I was reminded from the officer whom took them and stated that last statement to me “ If I don’t cause no problems , there would be none. He said he would make it ugly if I tried”.
I was never told that I was being charged with these firearms and after the police officers words with a reminder before he left, I sure did not want to have any further problems. Theses items have sentimental value tremendously and I fealt that there would be no way to track. I presumed they were not ever logged in due to the officer saying “ they would look real nice on his wall at home”
I was unanware these items were still inside the residence due to my inheritance of my mothers house when she passed away. She had boxes up to the ceiling as well as in all areas rooms of this house. These items were not knowingly possessed in any illegal way. I did not believe I was commiting a crime.
One important thing I the owner am a convicted felon approx. 6-7 years back for drugs Never any violent Crimes.
Is the warrant valid to search my personal area of residence as well as personal belongings?
Am I able to get theses items back in any way?
Are theses items considered antique?
Does it make a difference if they are antiques?
Why was there bomb dogs to search my entire house?
Why did they bash all doors in including my garage door after they had him in custody?(They could have asked me to open it instead of bashing it in)
Once he was detained they were to leave or continue into my personal area ?
Why don't you hire a lawyer and discuss these questions with the lawyer?
In fact, you can consult with a lawyer for free during the initial meeting.
No one on this forum can answer your questions properly.
I can tell you that as a convicted felon (doesn't mater what type of felony), you are not allowed to own or possess any type of firearm.
I can tell you that the firearms you described don't fit the one exception to that in your state, black powder firearms.
I find it very hard to believe that any police officer would make the asinine statements that you attribute to the ones that arrested the wanted felon on your property.
I think a court will have trouble believing that, too, especially coming from a convcted felon.