So, I have a question....

Discussion in 'Legal and Activism' started by xian13, Sep 23, 2011.

  1. xian13

    xian13 New Member

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    about criminal convictions and gun rights. 20 years ago, I got arrested for possession of a controlled substance. I owned up to it and plead guilty to a felony charge. About 10 years ago, I went to court and got the felony charge reduced to a misdemeanor, then had the conviction set aside. This supposedly has restored my 2nd ammendment rights. Now, if I go to buy a long gun and get denied, can they charge me for the attempt? Any body who understands this section of the law point me in the right direction?:eek:
     
  2. cameronguyton

    cameronguyton New Member

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    You might need to go talk to a lawyer about legal advice.
     

  3. dunerunner

    dunerunner New Member

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    Or, just call DOJ in Sacramento and ask them. You may have to petition to have your record expunged...I think that is what they call it??
     
  4. Lessdragon

    Lessdragon New Member

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    My brother is/was in a similarbsituation where he plead guilty and that would get it down to a misdemeanor but what they didnt say is that was at state level but not fed sooo long story short is MAKE SURE yor record is clear on ALL levels before you do anything that gets u in trouble
     
  5. pagj17

    pagj17 New Member

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    My friend was in a different situation, he was put in an institution for 3 days (i called pd, had run out of other options) so we got his rights back about a year ago. Had he been put on a ten day hold, he would have had to also go to a federal court to restore his rights.
    On the doj's website, there's a form you can send in, along with 25 dollars, and they'll tell you if you're legal
     
  6. TekGreg

    TekGreg Lifetime Supporting Member Lifetime Supporter

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    Pagj17 is absolutely correct about the DOJ website. However, I have a problem in principal giving money to the government to simply tell me something that is a fact.

    First, when you fill out the form to apply, it asks if you have ever been charged. Answering "Yes" does not mean you do not get the gun if you have a misdemeanor, it only means the dealer must hold the gun until he gets an answer (I used to hold an FFL). But if you answer all of the questions honestly and the dealer releases the firearm to you, no, you cannot be charged with anything. You cam only be charged if you lie on the form.

    If you wish to play it ultra-safe, call an attorney specializing in firearms and have him run your record. This should only run about $50-75 and many attorneys will apply the fee to expunging your record if you decide to do so.
     
  7. pagj17

    pagj17 New Member

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    Oh yeah, i was going to say, the psychiatrist and judge both recommended that should he feel unsure about his rights, he should just buy a gun, and if he was rejected, contact them to fix it.