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Ca, Security Guard Denied for Firearms permit. PC M273.5(A) Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by securityguard, Nov 17, 2008.

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  1. securityguard

    securityguard Law Topic Starter New Member

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    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?
     
  2. CdwJava

    CdwJava Moderator

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    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.

    http://ag.ca.gov/firearms/

    - Carl
     

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