Legal Question in Criminal Law in California

I am a felon in California. Served 90 days in county jail in 2004 @ 18 years old, and haven't been back since. My crime was embezzlement from a financial institution. According to the lautenberg law I am still eligible to own a registered firearm, but in California I can't as a felon. Has there been any exceptions? How as a non violent felon can I protect my family?


Asked on 7/20/10, 5:37 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

As a convicted felon, you cannot own or possess a firearm.

However, embezzlement is a "wobbler" that can be a felony or a misdemeanor. As long as your probation didn't include a suspended prison sentence, you can file a motion to reduce your felony to a misdemeanor. If your felony is reduced, that would restore your gun rights.

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Answered on 7/20/10, 8:58 pm
Terry A. Nelson Nelson & Lawless

You are misinformed. As a convicted felon, both state and federal law prohibits you from owning or possessing any firearm or ammunition. To do so is a felony. You became a 'prohibited person', for life, upon felony conviction. Retroactively obtaining reduction to misdemeanor or even fully 'expunging' your record does not change that status or prohibition. The expungement law in CA explicitly states that it does not restore firearm rights. You could prove the point the hard way, by obtaining expungement, which may be possible and desirable in your case, then applying for a 'non purchase' record check to DOJ. There is a form that your local FFL gun store can submit to DOJ for a check of your eligibility to purchase firearms, without you submitting actual firearm purchase forms. It is a felony for a 'prohibited person' to even attempt or apply to purchase a firearm. IF you are serious about seeking expungement, see the following rules:

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 7/21/10, 11:19 am
Anthony Roach Law Office of Anthony A. Roach

You can't own a firearm. If you wanted to keep your civil rights, you should not have committed a felony or at least fought the charges. The "Lautenberg law" applies to domestic violence, and has no application to your situation.

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Answered on 7/21/10, 6:11 pm


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