Toxic Waste
Member
- Joined
- Sep 25, 2013
- Messages
- 6
I had a felony in 1995 from a California Penal Code 240 conviction. In 2000 I went to court to have it expunged. The court reviewed my case, and modified it. They said "Pursuant to Section 17 Penal Code offense is deemed a misdemeanor. Plea or guilty or conviction is set aside. A plea of not guilty is entered. Case is dismissed pursuant to section 1203.4 Penal Code. Probation is ordered terminated pursuant to section 1203.3 Penal Code
Next scheduled event
Upon motion of court
Proceedings Terminated"
I was told that Penal Code 17 makes my felony into a misdemeanor, which meant I was no longer convicted of a felony. <------ This is what should restore my gun rights.
The Penal Code 1203.4 takes the misdemeanor and expunges it from the record at the same time, so, technically, I should have no show of this on my record.
I had to wait until 2005, for the ten year gun restriction from the 240 conviction, which is what got me the 12021.1 conviction, which is known as a wobbler offense. It can be either a straight felony or a misdemeanor. I did not go to state prison, and completed my probation which is what made me eligible for this motion to be filed in court.
Starting in 2005, I started purchasing guns, I bought 6 guns total in the next 5 years. Each from a well known FFL licensed Gun Shop. I filled out the DROs and when I ask "Have you ever been convicted of a felony?" I put NO!
Each and every time, I received my fire arm purchase. They tell me that the Department Of Justice really does check on each and every fire arm purchase to see if you have a felony.
My fire arm purchases, and my Superior Court of California issued court modification paper tells me that I do not have a felony, and have the California State, and Federal right to own and purchase firearms.
This month, I had a hand gun stolen from my vehicle. It was locked in a metal container, and the ammunition was locked in a seperate container, and the L.A. County Sheriff was going to give my gun back, then did ran my rap sheet, and told me I have a felony and they will keep the gun. The D.A. doesn't want me to testify because he says I have a felony.
I live in Los Angeles County, California. If anybody here has any experience with a case like this, can you comment on this?
Thank You,
Mark ... The guy that thinks he does not have a felony!
I insist that if I had a felony,then none of the fire arms would have been released to me at time of purchase due to the DOJ background check.
Lawyers advertise that this is what they do to get your felony wobbler reducted to a misdemeanor, then dismissed, restoring your gun rights.
Next scheduled event
Upon motion of court
Proceedings Terminated"
I was told that Penal Code 17 makes my felony into a misdemeanor, which meant I was no longer convicted of a felony. <------ This is what should restore my gun rights.
The Penal Code 1203.4 takes the misdemeanor and expunges it from the record at the same time, so, technically, I should have no show of this on my record.
I had to wait until 2005, for the ten year gun restriction from the 240 conviction, which is what got me the 12021.1 conviction, which is known as a wobbler offense. It can be either a straight felony or a misdemeanor. I did not go to state prison, and completed my probation which is what made me eligible for this motion to be filed in court.
Starting in 2005, I started purchasing guns, I bought 6 guns total in the next 5 years. Each from a well known FFL licensed Gun Shop. I filled out the DROs and when I ask "Have you ever been convicted of a felony?" I put NO!
Each and every time, I received my fire arm purchase. They tell me that the Department Of Justice really does check on each and every fire arm purchase to see if you have a felony.
My fire arm purchases, and my Superior Court of California issued court modification paper tells me that I do not have a felony, and have the California State, and Federal right to own and purchase firearms.
This month, I had a hand gun stolen from my vehicle. It was locked in a metal container, and the ammunition was locked in a seperate container, and the L.A. County Sheriff was going to give my gun back, then did ran my rap sheet, and told me I have a felony and they will keep the gun. The D.A. doesn't want me to testify because he says I have a felony.
I live in Los Angeles County, California. If anybody here has any experience with a case like this, can you comment on this?
Thank You,
Mark ... The guy that thinks he does not have a felony!
I insist that if I had a felony,then none of the fire arms would have been released to me at time of purchase due to the DOJ background check.
Lawyers advertise that this is what they do to get your felony wobbler reducted to a misdemeanor, then dismissed, restoring your gun rights.