Can I own a gun with a juvenile felony in CA?

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Alpha13

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Hello,

I'm hoping there is someone here who could educate me of ownership laws in California with a JUVENILE felony. I've already found that adult felony convictions basically remove gun ownerships rights unless the conviction can be reduced to a misdemenor. My conviction can not be reduced, but I was sentenced as a juvenile. I can't have the record sealed but the offense has been dismissed (though at least for adults, a dismissal doesn't help) I'm interested only in ownerships rights because I don't think my purposes (recreational shooting and hunting) require anything else. Let me know if I'm wrong though.

any advice is appreciated
 
I could be wrong, but I don't remember seeing any thing where the law distinguishes between Felony Adult and Felony Juvenile. It simply states, Felony. Now add that to the fact that you are in California and I would say that you are swimming upstream.
 
Its totally unfair to ask this without giving us the juicy details about what you got convicted of. :neener:
 
It was my understanding that all juvinile records were expunged upon reaching the 21st birthday.

that being said I would write to the California DOJ and just ask them.
 
In Florida I think one's entire juvenile record is erased (or at least dismissed) when one turns 18 which allows the person to own firearms. I would give a call to your local clerk of the court, state (or district) attorney, or public defenders office and ask them.
 
I'd Google the CA DOJ and call them - I did that once to tell them I was moving and taking my nasty assault rifles with me. :) Talked to a nice guy who was knowledgable and that's why I'd try it.

I'm interested only in ownerships rights because I don't think my purposes (recreational shooting and hunting) require anything else.
Click to expand...

Don't you get the right of self defense? If you can buy guns I'd think about that also.
 
Valkman said:
Don't you get the right of self defense?
Click to expand...
The National Instant Check system was established so Felons, among others, could not buy a firearm. I would say that being unable to buy a firearm would be the same as unable to possess one, unless the Felon came into possession illegally through a straw purchase or a street buy. Nothing in the law speaks to defense.
 
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All I know is that I've heard "felon in possesion of a firearm" countless times on COPS.

-Dev
 
"My conviction can not be reduced, but I was sentenced as a juvenile. I can't have the record sealed but the offense has been dismissed (though at least for adults, a dismissal doesn't help).
Click to expand...

Huh? if charges were dismissed then no felony conviction? I know that in some cases, juvenile charges are dismissed, at some later date, providing no further problems.
 
a dismissal is not what it sounds like. what it does is add a line in my record under my conviction saying the conviction has been dismissed retroactively. It helps for emplyment because a standard DOJ "red flag" check will come up clean, but for gun possesion i think i'm still out of luck. I'll call the DOJ and see what they have to say though.

thanks
 
California has a partial restoration of rights statute which will retroactively reduce a felony to a misdemeanor, however there is a statutory exception carved out for firearms ownership and reporting on applicaitons for state agencies.

12021 has some pertinent infor for you...

12021. (a) (1) Any person who has been convicted of a felony under
the laws of the United States, of the State of California, or any
other state, government, or country, or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, who owns, purchases, receives, or
has in his or her possession or under his or her custody or control
any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
 
It was my understanding that all juvinile records were expunged upon reaching the 21st birthday.
Click to expand...

The form merely asks if you've ever been convicted of a felony. If you answer yes, you cannot buy a gun.

If you answer no, you've just committed a crime and cannot buy a gun.

It doesn't ask if "there is a record of your felony."
 
Pinned:

If you get a full blown expungement or pardon, in the eyes of the law, it is as if the conviction never happened.

It is the equivalent to a "debt to society paid in full" endorsement. ;)

You can therefore check "NO" on that question.


That being said, expungement is a highly technical area of the law requiring the services of an attorney to sort out.

Be aware that there are less than full expungements, and also expungements that lay certain conditions on them including lack of firearms.
 
Contact an attorney. I doubt that anyone here truly knows the answer to your question regarding your specific circumstances. I wouldn't trust any answer to a question this important to the collective wisdom of any net board.
 
Many states, and I believe California ais one, do not offer "full blown expungements" unless there is a later showing of actual innocence. California's expungment law is not an actual full expungement.
 
California DOJ has a test means to apply to see if you pass the firearms background. This was set up for people who were not sure if they were legal, and did not want to commit a violation by buying a weapon. I am sure some one here knows how to make an application to this program. It only cost a few dollars and will give you the answer your to your question.
 
http://ag.ca.gov/contact/index.htm

The National Instant Check system was established so Felons, among others, could not buy a firearm. I would say the being unable to buy a firearm would be the same as unable to possess one, unless the Felon came into possession illegally through a straw purchase or a street buy. Nothing in the law speaks to defense.
Click to expand...

Yep I know, that's why i also said "If you can buy guns I'd think about that also. " If he can't buy guns none of his reasons for owning them matters.
 
Well, I don't know about CA but I bought my first rifle in NY recently, and I have a juvie felony, (stupid thing, never again, been clean since). So, they rean the NICS, etc nothing came up and I have my rifle.

My uncle was rather angry at me at that point, as he yelled at me.. That if I did this again, I'd never ever own guns or whatever in the future so I think that's one of the biggest reasons why I stayed clean.
 
So, Hiaboo, you answered the question "Yes" on the 4473, regarding your having been convicted of a felony, and the deal still went through?
 
I'd ask someone schooled in your state and local laws

If it is expungend and no longer on your record then there shouldn't be a problem. If it is still there you can get a lawyer and try to have it removed depending on what it is you did.
 
Maybe I should clarify a little. CA DOJ has access to the instant check system, but do their own check with a 10 day wait. The Fed check is probably part of this. Fed DOJ is I believe, suing CA DOJ for using the federal system for other than it's intended uses.
 
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