Criminal Records, Expungement Can ex-felons open carry after expungment?

[djelav8]

Hello I'm 24 and I had some trouble and made some bad choices in the past with a non-violent crime but I'm coming off probation in august and getting my felony expunged the same day, I'm trying to get my gun rights back and I was wondering if after I expunge my felony will my gun rights be reinstated and will I be able to Open carry.

Please if anyone has any information legal or not contact me or reply asap!

Thank You!

 

[army judge]

Hello I'm 24 and I had some trouble and made some bad choices in the past with a non-violent crime but I'm coming off probation in august and getting my felony expunged the same day, I'm trying to get my gun rights back and I was wondering if after I expunge my felony will my gun rights be reinstated and will I be able to Open carry.

Please if anyone has any information legal or not contact me or reply asap!

Thank You!

Gun laws are in California have been tightened.
Your expungement might not affect your carry rights, in so far as federal law is concerned.
State expungement often is not accpeted by the federal authorities.
You could have the right to carry, in some states, yet you might be unable to purchase a weapon from a licensed gun dealer.

You should speak with a lawyer if you want to do this.

You could even get arrested as an ex-felon in possession.
You might prevail in court after spending several weeks in jail.
Or, you might have to post large bonds to get released prior to trial.
That money, you will never recover, even if you beat the charge.
The prohibition on felons and guns makes no distinction between violent and non-violent crimes.
It distinguishes between felonies and misdemeanors, ONLY.
In the end, you have decide if your FREEDOM is worth risking to carry something that could cause you legal difficulties.

 

[CdwJava]

That depends on the expungement. It may have to specifically include a right to once again possess firearms.

Is the expungement per PC 1203.4? Is it a dismissal as a result of the successful conclusion of Prop 36? Or, is it as a result of the successful completion of a DEJ per PC 1000?

 

[djelav8]

No I'm gonna see if I could get it dropped to a misdemeanor then dismissed its not drug related its theft related.

Crime: Receiving Stolen Property
Date: 08/09/2007
Placer County,CA

Served 4 months
Took court ordered class
Off probation on 08/09/2010

Currently self employed
Attending college for AS degree
No probation violation on record

 

[CdwJava]

So, you will be petitioning for an expungement pursuant to PC 1203.4.

In that case, you will likely need the court to specifically rule that your firearms rights have been restored.

 

[jharris352]

I doubt SERIOUSLY that any judge is going to want to put a gun in your hand the day you finish your sentence. Why is it important to you?