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-   -   lost gun right for 10 yrs but got them back (http://www.firearmstalk.com/forums/f97/lost-gun-right-10-yrs-but-got-them-back-25284/)

tiberius10721 03-28-2010 06:12 PM

lost gun right for 10 yrs but got them back
 
HI people I'm telling this personal story of mine so that people will learn from it and not make the same mistakes I did or so that if you do make the same mistake I did you can do something about it. Basically what happened is in 2006 I violated a restraining order not to see my ex wife. To make a long story short I was trying to get my car back from my wife and instead of having a lawyer do it for me like I should have I tried to do it myself and got arrested and convicted for violating a domestic restraining order. Now at the time I knew I was breaking the law but I had no Idea it came with a mandatory 10 year gun restriction. You see when I got the restraining order no one bothered to mention that to me.
So I ended up getting a lawyer to dig me out of the legal mess I had caused for myself . Luckily I hired a good lawyer because he cut a deal with the judge that if I followed all laws for three years me and my lawyer could file for a pc1385 which is a total dismissal of the charges in furtherance of justice. Well three yrs later I payed my lawyer 1500 more dollars and we went back to court and the judge granted the pc1385 and I got my gun rights back. needless to say the district attorney wasn't to happy about it but thank god the judge was a man of his word and granted it .
Now i'm not a lawyer but I can tell you all that if you end up in the same situation I was in pc 1385 is the only way you are going to get your gun rights restored .Pc 1203.4 will not work because it only sets the charges aside it is not a complete dismissal. Going through this experience made me grow up a lot and value my gun rights more. I learned two important lessons.
1.when the relationship goes bad with your spouse just pack your bags and leave and let the lawyers figure out everything.

2.Never ever violate a court order.

I can honestly say I will never violate a court order again and I will never take my 2nd amendment rights for granted again.

tomgodd 03-28-2010 06:45 PM

Great Advice!!!!!!!!!!!

m72law 03-28-2010 06:48 PM

good to know....congrats,welcome back :D

Jamesaritchie 03-28-2010 07:10 PM

Good advice, and congrats on getting things straightened out.

A friend of mine was charged with a felony and lost his right to own a weapon because he failed to pay court ordered child support. It took him several years to get his right back, as well.

DrumJunkie 03-28-2010 07:48 PM

Yeah..Just about any type of domestic charge and get you jacked up when going gun shopping. The child support deal can get you in a situation where they can deny a CCW in some states. It is that way here in my old Ky. home.

Many people don't think as clear as they should have in situations like yours OP. Hindsight is 20-20. I'm glad to hear that you got it straightened out. :)


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