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Restoring Firearms Rights

Discussion in 'Criminal Records, Expungement' started by JWylde, Apr 21, 2019.

  1. JWylde

    JWylde Law Topic Starter New Member

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    Jurisdiction:
    California
    I have a friend with a felony conviction for first degree burglary, PC 459. At the time of the incident, there was no one home and I believe she just made off with some of their expensive jewelry.

    The conviction occurred around 1997, not long after California enacted their "3 Strikes" law, and the conviction landed her a strike on her record.

    No prison time was served. The sentence was a 6 year suspended sentence and 3 years felony probation. She completed probation and never had to serve the suspended portion of the sentence.

    At the time of conviction, she was around 19 years of age. Around that time, she was into drugs and hanging out with very sketchy people. Upon having kids a couple of years later, she completely cleaned up her act and has been clean for well over 10 years and has had no contact with law enforcement (not even traffic tickets). She is now and has been for a long time an upstanding law abiding citizen and completely different from who she was at age 19.

    Due to the age of the felony, and her age at the time of conviction vs now, what are the odds/options of her getting it expunged/pardoned, and restoring her firearms rights? Is the strike something that can go away or is it stuck with her for life? Lastly, if the felony is expunged and the strike stays, will the strike prevent her firearms rights from being restored?
     
    Last edited: Apr 21, 2019
  2. adjusterjack

    adjusterjack Super Moderator

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    Pretty much zero. Felons are typically gun-free forever.

    If she wants to explore this further she should hire a gun rights lawyer.
     
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  3. justblue

    justblue Well-Known Member

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    California law does not permit felons from owning or possessing firearms.
     
  4. army judge

    army judge Super Moderator

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    Just to comment further -
    Even IF some state claims the felony was expunged, the FEDS never expunge felonies.
    Federal law is very clear, a convicted felon can never possess a firearm LEGALLY.

    <============================================================>

    A state by state comparison, if you care that much!!!

    50-State Comparison<BR /> Loss and Restoration of Civil Rights & Firearms Rights

    <============================================================>

    A convicted felon risks the wrath of the FEDS if the felon THINKS a state expuncnction/expungment restores the RIGHT to own or possess a firearm.

    First and foremost, many gun sales take place through federally licensed firearms dealers.

    This is the form one must swear under penalty of perjury that he/she isn't a convicted felon, addicted to illegal drugs - including marijuana, in some cases mentally impaired, or a person convicted of misdemeanor domestic violence.

    (In some sates, even alcoholics are banned by state law from owning a firearm - as in SC, for example.)

    Like it or hate it, it is the law of our land.

    The 12 Reasons Why Americans Fail Gun Background Checks

    https://www.atf.gov/firearms/docs/4...n-record-over-counter-atf-form-53009/download

    <============================================================>

    TAOS, N.M. (Reuters) - The FBI on Saturday said it had arrested Larry Hopkins, the leader of an armed group that is stopping undocumented migrants after they cross the U.S.-Mexico border into New Mexico.

    Hopkins, 69, also known as Johnny Horton, was arrested in Sunland Park, New Mexico, on a federal complaint charging him with being a felon in possession of firearms and ammunition, the Federal Bureau of Investigation said in a statement.

    “We’re not worried about it, he’s going to be cleared,” said Jim Benvie, a spokesman for the United Constitutional Patriots (UCP), blaming his arrest on political pressure from Lujan Grisham.

    Hopkins is the “national commander” of the UCP, which has had around half a dozen members camped out on a rotating basis near Sunland Park since late February.

    “Today’s arrest by the FBI indicates clearly that the rule of law should be in the hands of trained law enforcement officials, not armed vigilantes,” New Mexico Attorney General Hector Balderas said in a statement of Hopkins’s arrest.

    Hopkins was previously arrested in Oregon in 2006 on suspicion of impersonating a police officer and being a felon in possession of a firearm, according to the Southern Poverty Law Center.

    FBI arrests leader of armed group stopping migrants in New Mexico - Reuters
     
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  5. Tax Counsel

    Tax Counsel Active Member

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    She appears to be stuck unless she can get a pardon from the California governor. While under California law she might be eligible to get the crime expunged it appears that expungement of a felony still does not restore gun rights in California. (It would help her with employment and other things though.) A full pardon, however, would restore her gun rights in the state.

    Under federal law, felons are prohibited from possessing guns, too. But the federal ban on her owning a gun is removed if her gun rights are restored by the state in which the conviction was entered, in this case California.

    army judge is correct that if the felony had been a federal crime rather than a state crime it would be pretty much impossible to get the gun rights back because only a presidential pardon would accomplish that, and unless she was buddies with Trump that wouldn't happen. But since this was a state law conviction, it is the state that must restore her gun rights in this instance. Even that is not likely to be easy. Governor pardons typically are not easy to get either, though it's not clear yet what the new governor plans to do as a pardons policy.
     
  6. JWylde

    JWylde Law Topic Starter New Member

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    Thanks for the replies. It looks like a governor's pardon is the path to take.

    So the last question is...does a governor's pardon remove the strike on her record? If not, will this have any impact on restoring her gun rights?
     
  7. flyingron

    flyingron Active Member

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    The only time felonies get relief in California is when they're wobblers (chargeable as either felonies or misdemeanors) and the convict gets a subsequent reduction to a misdemeanor. Burglary is not a wobbler. First degree is always a felony, second degree is always a misdemeanor.
     

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