Getting my gun privileges restored...

What is the name of your state (only U.S. law)? CA

I'm almost done with my Domestic Violence Recovery Program (DVRP) classes and will be seeing the judge for the first time in almost a year. By the way, I was charged with simple battery (PC243(A)). Also my rights to bear arms have been taken away because of it.

Now because I work for the government, my job deals with having to work with firearms. The judge wrote on my minutes form that I can use firearms only while at work, but the government sees it differently and for the last year I have been placed in a probationary status until all my court issues are complete.

So my question is, when I go to see the judge can I respectfully request that she restore my gun privileges so that i can continue on with my profession that I've been at for now for 15 years? I plan on getting the ex-pungent process underway after my dealings with the court, but I've been told because you expunge it doesn't guarantee you will get your gun rights back. Also is this true?

What must I do to get my rights back in regards to firearms?

Also, I have no prior convictions nor have I had any dealings with the law. This was my first and last confrontation with the law. Thanks and I hope someone will be able to provide me with some worthy information.What is the name of your state (only U.S. law)?

You've lost your firearm rights for 10 years per CA law and the Judge can't change that. If you get it expunged at some point the order must specifically restore your firearm rights.

so, even if i was not charged for a domestic violence crime this still can stick? what's the likelihood that expungment will restore my gun rights?

What crime have you been convicted of? You indicate domestic violence, so I am assuming the conviction is for PC 243(e)(1)?

Any DV conviction will hold a 10 year prohibition. An expungement ought to do the trick, but you would want it to specifically restore those gun rights if you are eligible for an expungement at all.

California Courts: Self-Help Center: More Topics: Criminal Law: Clean Up Your Criminal Record

243(a) is simple battery.
243(e) is domestic violence.

Big difference in effect of conviction.

garrula lingua said:

243(a) is simple battery.
243(e) is domestic violence.

Big difference in effect of conviction.

Click to expand...

But, being that he is in a batterer's program, there appears to be a DV component here and that seems to be the issue. I do not recall ever seeing a conviction pursuant to 243(a), only pursuant to 242 for simple battery. I am wondering if he might be confusing a police report reference to 243(a) and not the formal charges or the conviction.

Thanks for all the info guys! Now, looking at my court documents it says, under charge(s) 'PC243(A)'. that's it. This is the reason I had questions concerning the matter.

Also one more question....the incident occurred over two years now and I've been charged with this just over one year. Now can I personally request a reduction/ termination, in my three year probation, from the judge at my very last court date?

Again, thanks!

Frogman04 said:

Thanks for all the info guys! Now, looking at my court documents it says, under charge(s) 'PC243(A)'. that's it. This is the reason I had questions concerning the matter.

Also one more question....the incident occurred over two years now and I've been charged with this just over one year. Now can I personally request a reduction/ termination, in my three year probation, from the judge at my very last court date?

Again, thanks!

Click to expand...

**A: where was/is your attorney? You should have one.

Frogman04 said:

Thanks for all the info guys! Now, looking at my court documents it says, under charge(s) 'PC243(A)'. that's it. This is the reason I had questions concerning the matter.

Also one more question....the incident occurred over two years now and I've been charged with this just over one year. Now can I personally request a reduction/ termination, in my three year probation, from the judge at my very last court date?

Again, thanks!

Click to expand...

CA Penal Code section 12021(c)(1) indicates that a person convicted of 243 will have a 10 year prohibition from owning or possessing a firearm.

It would be best to have your attorney address the probation question, but you can ASK the court most anything ... not sure they will grant it, but you might be given a chance to ask.