Court says my Felony dismissed - L.A. County D.A. says I have Felony

[Toxic Waste]

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.

 

[joeschmoe]

Let me be the first to tell you to find a gun friendly lawyer. Second, iirc they are not supposed to "run your rap sheet" for the return of property. Third I don't understand what the da has to do with the sheriff not giving you back your gun or why you need to testify. These sound like separate issues.

 

[NavyLCDR]

Didn't the California Department of Justice already know about every handgun you own because they were registered? If you really want your gun back, you will have to hire an attorney to file for a Writ of Mandamus which will be a court order to the Sheriff to return your firearm to you. You might be able to recoup your filing fees/court costs, but I wouldn't count on it. Calling an attorney is definitely the next step, if you want that particular gun back.

 

[Toxic Waste]

I did a public background check, it misses a misdemenor ,that the D.A. found, and it shows what I was arrested for, as a Felony Conviction, and then, I shows what I was really concvicted of, which is listed in both, 12021.1.

It doesn't show dates, and I should only have one conviction of 12021.1, not two.

Maybe this report is off, or maybe, they have inacurate information on my rap sheet.

Why was I able to purchase six different fire arms, witth DROS, and the DOJ background check?

If the DOJ really does check, then I was approved 6 times. And that shoud answer all questions.

I don't know what Lockheed checked me out on, they said they only went back 7 years. Nowhere near the conviction date, but I was approved. The report was quite extensive, several inches thick. Not sure what they actually checked for.

 

[NavyLCDR]

Have you actually read California Penal Code 1203.4?

http://law.onecle.com/california/penal/1203.4.html

(2) Dismissal of an accusation or information pursuant to this
section does not permit a person to own, possess, or have in his or
her custody or control any firearm or prevent his or her conviction
under Chapter 2 (commencing with Section 29800) of Division 9 of
Title 4 of Part 6.

 

[Toxic Waste]

Yes, I have read that penal code and you are correct, I had the felony reduced to a misdemeanor from penal code 17, then 1203.4 to dismiss the misdemeanor, which is irrelivient because, just having the felony reduced is enough to restore gun rights.ou

Penal code 17 states, that if you did not go to state prison, and the crime is a wobbler, one that can be charged as a felony or misdemeanor, then it is eligible to be reduced to misdemeanor with Penal Code 17.

This is what I got from an online background check.

The first offense, is what I got charged with, and the second is what I got convicted of.

It looks like I have two felony convictions, and only the second one is what I was convicted of.


1. CRIMINAL/TRAFFIC, FELONY, CRIMINAL FELONY
Name Name Goes Here
Date of Birth 07/1958
Gender 07/1958
Provider CA LOS ANGELES SUPERIOR COURT
Provider State CA
Crime County LOS ANGELES
Offense Code P 12021.C1 P 236 P 422
Court Name M
2. UNSPECIFIED
FELONY, CRIMINAL FELONY
Name Name Goes Here
Date of Birth 07/1958
Gender 07/1958
Provider LOS ANGELES COUNTY
Provider State CA
Crime County LOS ANGELES
Offense Code P 12021.C1
New Search

 

[NavyLCDR]

I did a public background check, it misses a misdemenor ,that the D.A. found, and it shows what I was arrested for, as a Felony Conviction, and then, I shows what I was really concvicted of, which is listed in both, 12021.1.

It doesn't show dates, and I should only have one conviction of 12021.1, not two.

OK, so you say you were convicted of 12021.1, where does the conviction under 12021.1 come into all of this?:

http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/2/s12021.1

(a)Notwithstanding subdivision (a) of Section 12021, any person who has been previously convicted of any of the offenses listed in subdivision (b) and who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony. A dismissal of an accusatory pleading pursuant to Section 1203.4a involving an offense set forth in subdivision (b) does not affect the finding of a previous conviction. If probation is granted, or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the defendant serve at least six months in a county jail.

 

[Toxic Waste]

I was on probation for misdemeanor 240 PC, which states that for 10 years you cannot own a firearm. I got caught with 14 firearms while on misdemeanor probation. So they charged me with that which is penal code 12021.1.

 

[NavyLCDR]

I was on probation for misdemeanor 240 PC, which states that for 10 years you cannot own a firearm. I got caught with 14 firearms while on misdemeanor probation. So they charged me with that which is penal code 12021.1.

K. So now why do you think that the conviction for 12021.1 should not prohibit you from possessing firearms? Only the assault charge of Penal Code 240 was expunged. It appears as if the probation violation resulting in the conviction under 12021.1 was not, which is a felony.

 

[Toxic Waste]

The 240 caused the 12021.1, and it was a felony until penal code 17 reduced it to a misdemeanor, and then it was dismissed. P.C. 240 was a misdemeanot, and that prohibited me from ownning firearms for a 10 year period which ended in 2005.

The expungement occured in 2000, but still had to wait 5 years for the 10 year period to end.

Then I bought six fire arms, at six different times, and six different gun shops, all which said the DOJ would check felony status, which is why I think there is a problem here at the state level, but at Federal level, they see the expungement.

12021.1 was dismissed/expunged, 240 P.C. misdemeanor still exist from 1995, but now does not prohibit fire arm ownership.

Don't tell me the D.O.J. background check failed on their end six times just because I answered no on the "have you ever been convicted of a felony" question. Thats six times, I bough some choice fire arms, not junk. All registered to me.

 

[NavyLCDR]

Seems to me like the problem is the conviction under 12021.1. I think this is pretty much done for THR discussion - I would call a lawyer.

 

[Midwest]

You need to hire a lawyer now. Good Luck

 

[9w1911]

yes lawyer up buddy, in fact ALWAYS lawyer up: never represent yourself in any matter,

 

[Revolver Ocelot]

Here ya go:

http://www.shouselaw.com/firearm-offenses.html

 

[Sam1911]

Let's just leave this at the advice to "get a lawyer."

You need help and advice we can't give you. You can't go any farther without a lawyer and nothing we say here is going to help your case.

 

[Toxic Waste]

I'm gonna contact a lawyer and find out what is happening, thanks for all the replies.

 

[9mmepiphany]

I just opened this to add that you should also check into the Calguns forum for referrals...they have lawyers who specialize in firearms rights cases.

The other thing I'll point out is I'd be more concerned about the Terrorist Threats charge (PC 422) than the firearms change.