Legal Question in Criminal Law in California

If I was convicted of a felony that was later reduced to a misdemeanor and expunged upon completion of probation, can I legally own a handgun?


Asked on 1/12/11, 9:38 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I seriously doubt it, but you could try looking up the California Attorney General web site for information on how to submit yourself for a firearms background check.

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Answered on 1/17/11, 10:28 pm
Terry A. Nelson Nelson & Lawless

NO. Absolutely not. Conviction of any felony bars you for life from possessing firearms or ammunition. Expungement does not change that.

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Answered on 1/18/11, 11:06 am
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Nelson and Mr. Stone. A convicted felon can never own a gun, but California law considers you to be a convicted felon if the offense could only be punished as a felony, or you were sentenced to a federal correctional facility for more than 30 days or to a fine of more than $1000, or both.

If you had the felony reduced to a misdemeanor, and then expunged, it must have been a wobbler. In that particular case, I would have to know what the specific charge was to advise you of when you could own a gun, as some misdemeanors also carry a restriction on firearms ownership in California.

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Answered on 1/19/11, 12:04 pm


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