bear/felon

What is the name of your state? CA I live in the high sierras. Was issued a permit to kill a rogue bear, at night the bear chased my wife she tried to shoot it but didnt know how I took the shotgun and killed it! Sierra County knew I had a permit, but days later after a tree hugger complained the sheriff came and said I was a felon in posession of a firearm!!! This alleged felony occured 23 years ago. They took the firearm and i am awaiting arrest as it is with the DA now! Any hope for me? BTW i have paid $2k to have this felony expunged please LMK TY ED

You need to get a lawyer right away. I went through the Cal Penal Codes and they are so extensive that I couldn't find the correct statute. Some states have a limitation on how many years after a conviction. Feds saw a felony conviction is a life-time prohibition.

Were you issed the permit even thought they knew you had a felony conviction? Do you have a felony conviction, or was it set aside, sealed, etc.?

got a lawyer just to expunge that felony IF there is one! It's been 23 years seems to me that felony should have reduced by now maybe, i just DO NOT KNOW TY ED

[TYRIS]

PC§ 12021. Possession of Firearm by a Felon
(a) (1) Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a),(b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 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.
(b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 12001.6, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, who owns or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5, 273.6, 417, 417.1, 417.2, 417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. However, the prohibition in this paragraph may be reduced, eliminated, or conditioned as provided in paragraph (2) or (3).


you said "alledged felony"? were you convicted? if yes, the above section will apply. the code section is too long to put here, i suggest yould look the rest of it up.

TYRIS

the Sheriff showed me that i was a felon 23 years ago when i was a minor, for recieving stolen property. I was not guilty of this but went to the judges chambers and he pretty much told me to plead guilty. The case # the Sheriff showed me came back to my brother. If i remember the judge sentenced me to 100 hours of community servive and probation. Doesnt sound like a felony to me. So it is still in the Da's hands and i wait. the shotgun i used to kill the bear belonged to my wife**************.she tried to shoot the bear as it was coming but didnt know how to work the safetys. I took the gun and killed it. What choice did I have Let it eat her? The Sierra County Sheriffs office NEW I had a permit to kill this bear, 2 people complained, and they ran my record. Seems to me that because they NEW I had the permit, why would they have even fielded a complaint, should have said sorry but he had a permit! Am I way off base here? Someone LMK ASAP TY ED

[TYRIS]

possesion of stolen property is a felony, however, they usually handle it differently when your a juvenile. how old were you?

what you need to do is check with the local courthouse and see what convictions you have on record. that will tell you what you were convicted of. it sounds like whoever issued you the permit did not conduct a check of you rap sheet. the sheriff's dept only found out about the conviction because of the complaint.

Tyris

i was 19 at the time in 1977 still a minor then**************..was there a ban on firearms? I have went through DOJ and have recieved permits to carry or posess firearms......as of today there is NO filing from the DA 23 years you would think this "felony" should have been reduced clarification? I was a young kid not even guilty but plead nolo contendre because the judge said my wife would testify against me**************.to save her ASS i wasnt home when this property was stolen....my brother lived in my attatched garage i was just REAMED by the courts and No i still do not know I am a felon but ty for your advice I am going NUTS
ED

[stephenk]

In what state did this conviction happen? If California, 19 is not a juvenile.

But your description of the punishment is not a felony. Typically a felony involves a state prison sentence. You dont even mention if you were put on probation.

You may want to check with your brother since you said the case number came up with his case(?).

the State is California. and yes the records show that I was a minor at age 19 21 was of adult age then! The record also shows that my brother at age 20 was a minor and was sent to California Youth Authority. See above**************i did mention i got probation 3 years. Another court session in downieville has come and gone and NO chargees have yet to be filed**************.they are killing me!!!!!!!!!!!!!!!!!!!!!!!!! And again my point being the Sheriffs NEW i had a permit....therfore they should NOT have fielded a complaint! Thanks for all the help Keep it up ED

[stephenk]

regarding the bear hunting permit. Does the permit specify how you can kill the bear. For example, shotgun, rifle, bow or trap?

If no specification, the issue regarding the permit may not be relevant since you could kill a bear without using a firearm.

I suggest you pool whatever money you have and hire a criminal defense attorney who can unravel your history and clear up the mess.

Your first post mentioned paying $2k to an attorney to get your felony expunged. What happened with that attorney's work? Do you have any document confirming the felony was expunged?

good luck

Yes the permit said to take the bear by center fire rifle or shotgun! I took it with the shotgun they want 10K to represent me through this....and as to the felony they have started the expungement but do not know at this point what stage it is in I have a call in to the ATTORNEY but havent heard and shouldnt this felony as a minor have been reduced and I dont remember ever signing anything banning me for life from posessing a firearm TY ED

[stephenk]

you wouldn't be presented with anything to sign regarding being banned from owning a firearm. The felony conviction is the ban.

If you cant afford an attorney for the present charges, go with the public defender. Despite the opinion of some posters, PDs have quick access to court records and are dedicated to their jobs. (No I am not a PD). A PD can work through the red tape and possibly help the attorney you hired to get the old conviction expunged.

good luck.

[I AM ALWAYS LIABLE]

My response:

One of the initial problems I see with our writer's post is that he believes that back in 1979 he was a minor. Not so. He was an "adult."

United States Constitution
Amendment XXVI
(1971)
Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

The "age of majority" is a term describing the time in life after which a person is legally no longer considered a child. In essence, it is an arbitrary time when a child becomes an adult in the eyes of the law. Until fairly recently, the age of majority was set at the age of 21 in most states. Following the ratification of the Twenty-sixth Amendment to the U.S. Constitution giving 18-year-olds the right to vote in federal elections, all but a few states lowered their age of majority to 18, including California.

In 1972, the California Legislature adopted Amendment 26 of the U.S. Constitution, above, and enacted Family Code section 6502, defining "age of majority."

Family Code section 6502.
(a) The use of or reference to the words "age of majority," "age of minority," "adult," "minor," or words of similar intent in any instrument, order, transfer, or governmental communication made in this state: (1) Before March 4, 1972, makes reference to individuals 21 years of age and older, or younger than 21 years of age. (2) On or after March 4, 1972, makes reference to individuals 18 years of age and older, or younger than 18 years of age. (b) Nothing in subdivision (a) or in Chapter 1748 of the Statutes of 1971 prevents amendment of any court order, will, trust, contract, transfer, or instrument to refer to the 18-year-old age of majority if the court order, will, trust, contract, transfer, or instrument satisfies all of the following conditions: (1) It was in existence on March 4, 1972. (2) It is subject to amendment by law, and amendment is allowable or not prohibited by its terms. (3) It is otherwise subject to the laws of this state.

IAAL

in all court transcripts it says we were both minors at the time...my bro was sent to CYA and I got probation and community service TY ED

The DOJ had NO record of a felony on me at all. And the case # the Sheriff gave me was my Brother's case. Could it just be the courts screwed something up? Wouldnt be the first time. And still no word as to any charges as yet for killing the bear! TY ED