I had just recently applied for my guard card and firearms permit. I got approved for the Guard card but not the Fireamrs permit because of a conviction in 1999 being PC M273.5(A) inflicting corporal injury on spouse/co-habitant. I was told that even if I applied for a 1203.4/1203.4A expundgement I would still not be able to recieve my firearms permit. The Department of Justice (DOJ) told me that they used to have a 10 year limit but now it doesnt exist anymore. Is there a way to just get this off my record or dismissed so that it would be totally off my record?
I had just recently applied for my guard card and firearms permit. I got approved for the Guard card but not the Fireamrs permit because of a conviction in 1999 being PC M273.5(A) inflicting corporal injury on spouse/co-habitant. I was told that even if I applied for a 1203.4/1203.4A expundgement I would still not be able to recieve my firearms permit. The Department of Justice (DOJ) told me that they used to have a 10 year limit but now it doesnt exist anymore. Is there a way to just get this off my record or dismissed so that it would be totally off my record?
Pursuant to state and federal law, you will not be eligible to possess or own a firearm unless any state expungement order SPECIFICALLY restores your right to a firearm.
And I don't know who you spoke to at the Bureau of Firearms, but a conviction for PC 273.5 - even as a misdemeanor IS a disqualifying conviction for ten years pursuant to PC 12021(c)(1). And, pursuant to federal law (18 USC 922(g)(9)) a misdemeanor conviction for DV also prohibits you from possessing a firearm. The federal law is only waived if the state expungement specifically grants a restoration of firearms rights (and they typically do not), or - as I understand it - the time period of the prohibition has run (in the case of CA it is 10 years).
You might consider employing an attorney to help you negotiate this path.
