Legal Question in Criminal Law in California

Hi. I have been convicted of a PC 246.3M in california. the arrest date was Dec. 23 2005 the conviction date was 07/01/2006. I want to know if I am able to purchase a firearm for home defense and because I have a job offer as a personal security personel. Please help


Asked on 7/30/14, 5:24 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No, you may not lawfully possess a firearm for that conviction. You may not lawfully possess a firearm for a ten (10) year period following the date of conviction. (See Penal Code section 12021, subdivision (c)(1).)

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Answered on 7/31/14, 8:12 am
Terry A. Nelson Nelson & Lawless

Anyone convicted of any felony is barred for LIFE from possessing or owning any firearm or ammunition. A felony conviction under Penal Code 246 PC necessarily triggers that LIFETIME firearms ban. A convicted felon found in possession of a firearm is guilty of another felony. Any attempt by a convicted felon to purchase a firearm constitutes another felony.

Check your court sentencing record to verify whether you were sentenced to the felony rather than the misdemeanor 'wobbler' available under that section. The misdemeanor might include a sentenced firearm ban less than lifetime, either five or ten years.

Other than info, there is little 'help' for you. Little can be done to undo the consequences of the conviction and actions. However, it may be possible to get the conviction expunged if you were not sentenced to any prison time, whether you served any or not. But expungement would not affect the firearms ban. It would help in most private employment, allowing you to legally say 'no' to convictions'. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 7/31/14, 11:01 am


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