Legal Question in Wills and Trusts in California

can i buy a gun if i was in jail 7 years ago? i was in jail for 6 months because i tried to sale drugs, i plea guilty and finished my probation Never got in trouble again, and i want to see if i can buy a fire arm


Asked on 7/14/11, 7:56 pm

2 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

Depends on whether it was a felony or misdemeanor. Also, at sentencing, you would have been told. Finally, check with your public defender or attorney if you do not recall

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Answered on 7/15/11, 8:01 am
Anthony Roach Law Office of Anthony A. Roach

This isn't a probate question. Probate concerns issues involving wills, trusts, and other matters of property distribution after a person has died. You have confused probate with the word, probation. I'm not picking on you, but when you post a question like this in the probate category, you tend to get responses from attorneys who specialize in probate, rather than criminal defense law.

Ms. Johnson is thinking only of the prohibitions against a felon owning a firearm. But there are other prohibitions in California, other than felonies, that will bar you from owning a firearm. For example, Penal Code section 12021, subdivision (a)(1), not only prohibits possession of firearms by felons, but also by people addicted to narcotics. There are also some misdemeanors that carry a 10 year bar on the possession or ownership of firearms. It would help to know what specific charge you were convicted of.

If you want further information, one of the best sources on firearm information in California is "How to Own A Gun & Stay Out of Jail" by attorney John Machtinger. Copies are sold in gun stores and outdoor sporting goods stores all over California.

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Answered on 7/15/11, 12:14 pm


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