Legal Question

[Spicy McHaggis]

Here's the quick way to find out. Fill out this form, send it to the CA DOJ, and they will tell you if you are eligible or not.

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf


Title 18 § 922(g) explains if you can own one or not. The first line there, explains what CCWInstructor said in an earlier post.

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

[cksh8me]

I have no idea what a 452 is. I do have a friend that was got a felony conviction for growing a large amount of an herb like substance. He was able to get that conviction expunged and this last week has passed the DOJ check for a firearms purchase.

[MrClamperSir]

Originally Posted by brightside

Not to brag, but looks like I knew this one BEFORE even looking at the penal code.

Congratulations, you must have been born with a gift.

[Rob P.]

Originally Posted by cksh8me

I have no idea what a 452 is. I do have a friend that was got a felony conviction for growing a large amount of an herb like substance. He was able to get that conviction expunged and this last week has passed the DOJ check for a firearms purchase.

PC 452(b) is arson of an inhabited dwelling.

[Aurelius]

From People v. Ansell(2001) 256 Cal..4th 868 (that's the California Supreme Court):

"With certain exceptions discussed as relevant below, the certificate of rehabilitation procedure is available to convicted felons who have successfully completed their sentences, and who have undergone an additional and sustained “period of rehabilitation” in California. (§ 4852.03, subd. (a) [imposing general minimum requirement of five years' residence in this state, plus an additional period typically ranging between two and five years depending upon the conviction]; see §§ 4852.01, subds. (a)-(c), 4852.06.) During the period of rehabilitation, the person must display good moral character, and must behave in an honest, industrious, and law-abiding manner. (§ 4852.05; see § 4852.06.) Several provisions make clear that a person is “ineligible to ... petition for a certificate of rehabilitation” (§ 4852.03, subd. (b)), and that no such petition “shall be filed” (§ 4852.06), unless and until the foregoing requirements are met. (See § 4852.01, subds. (a)-(c) [describing who “may file” a petition].)


Proceedings begin when a qualified person petitions for a certificate of rehabilitation in the superior court of the county in which he lives. (§ 4852.06; see § 4852.07 [requiring notice to the Governor and to the district attorney in the county or counties where the petition is filed and the petitioner was convicted].) Other provisions allow the petitioner to pursue a certificate of rehabilitation without personal expense and with professional assistance. (§§ 4852.04 [establishing a right to counsel and to assistance from rehabilitative agencies, including probation and parole officers], 4852.08 [authorizing representation by the public defender or other appointed counsel], 4852.09 [prohibiting court fees of any kind], 4852.1 [authorizing the production of official records at no charge], 4852.18 [making the petition and other necessary forms available at no charge].)


The superior court holds a hearing and considers testimonial and documentary evidence bearing on the petition. (§§ 4852.1, 4852.11.) To this end, the court may compel the production of judicial, correctional, ***151 and law enforcement records concerning the crimes of which petitioner was convicted, his performance in custody and on supervised release, and his conduct during the period of rehabilitation, including all violations of the law known to any peace officer. ( Ibid.) The **1179 district attorney may be directed to investigate and report on relevant matters. (§ 4852.12.)


To enter an order known as a certificate of rehabilitation, the superior court must find that the petitioner is both rehabilitated and fit to exercise the *876 rights and privileges lost by reason of his conviction. (§ 4852.13, subd. (a).) FN12 The issuing court transmits certified copies of the certificate of rehabilitation to the Governor, the Board of Prison Terms, the Department of Justice, and-in the case of persons twice convicted of a felony-the Supreme Court. (§ 4852.14.)


FN12. Section 4852.13, subdivision (a) (section 4852.13(a)) states: “[i]f after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his or her rehabilitation and his or her fitness to exercise all of the civil and political rights of citizenship, the court may make an order declaring that the petitioner has been rehabilitated, and recommending that the Governor grant a full pardon to the petitioner. This order shall be filed with the clerk of the court, and shall be known as a certificate of rehabilitation.” By way of contrast, the Legislature recently added language to the same statute identifying at least one circumstance under which convicted sex offenders cannot obtain relief: “No certificate of rehabilitation shall be granted to a person convicted of any offense specified in Section 290[, the sex offender registration statute,] if the court determines that the petitioner presents a continuing threat to minors of committing any of the offenses specified in Section 290.” (§ 4852.13, subd. (b), added by Stats.1996, ch. 981, § 6 (section 4852.13(b)).) Another provision has long provided that the court “may deny” a certificate of rehabilitation for any “violations of law” committed during the period of rehabilitation. (§ 4852.11.)



A certificate of rehabilitation issued and transmitted in the foregoing manner serves two functions under the language of the statutory scheme. First, it has the effect of “recommending that the Governor grant a full pardon to the petitioner.” (§ 4852.13(a).) Second, the certificate of rehabilitation constitutes “an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein, except that, pursuant to Section 8 of Article V of the Constitution, the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court.” (§ 4852.16.)


Whether a certificate of rehabilitation and automatic application for a pardon issues under section 4852.01 et seq., or whether a pardon is sought by direct application under section 4800 et seq., certain civil rights and privileges are restored if the Governor acts favorably on the request. FN13 General statements of this ameliorative principle appear in section 4852.17, concerning “a full and unconditional pardon by the Governor, based upon a ***152 *877 certificate of rehabilitation,” FN14 and in section 4853, concerning all other cases “in which a full pardon has been granted by the Governor.” FN15


FN13. Nothing in either pardon application scheme authorizes the removal of a conviction from a felon's criminal record or the sealing of a record of conviction. Rather, the fact that a certificate of rehabilitation has issued or a pardon has been granted “shall be immediately reported to the Department of Justice by the court, Governor, officer, or governmental agency by whose official action the certificate is issued or the pardon granted. The Department of Justice shall immediately record the facts so reported on the former criminal record of the person, and transmit those facts to the Federal Bureau of Investigation at Washington, D.C. When the criminal record is thereafter reported by the department, it shall also report the fact that the person has received a certificate of rehabilitation, or pardon, or both.” (§ 4852.17.)



FN14. Section 4852.17 states, in pertinent part, “Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.”



FN15. Section 4853 states, in pertinent part, “In all cases in which a full pardon has been granted by the Governor of this state or will hereafter be granted by the Governor to a person convicted of an offense to which the pardon applies, it shall operate to restore to the convicted person, all the rights, privileges, and franchises of which he or she has been deprived in consequence of that conviction or by reason of any matter involved therein.”



More specific statutes in various codes and schemes confirm that a pardon removes or alleviates particular disabilities, including **1180 those cited earlier in the opinion.FN16 With respect to some disabilities, relief may be available based on the convicted felon's receipt of a certificate of rehabilitation, even where no pardon has been obtained.FN17


FN16. For example, under the Code of Civil Procedure, convicted felons are eligible to serve on trial juries if their “civil rights” have “been restored.” ( Id., § 203, subd. (a)(5).) Under Evidence Code section 788, impeachment with a felony conviction is barred if the witness has obtained either a “pardon based on his innocence” ( id., subd. (a)), or a “certificate of rehabilitation and pardon” ( id., subd. (b)). Likewise, a “pardon ... based upon a certificate of rehabilitation” restores “the right to own, possess, and keep any type of [lawful] firearm,” except where “the person was ever convicted of a felony involving the use of a dangerous weapon.” (Pen.Code, § 4852.17; see id., § 4854 [establishing similar firearm rule in any case in which the Governor “grant [s] a pardon”].) Under a recent amendment to Penal Code section 290.5, persons convicted of committing certain serious sex crimes against children and adults can no longer use a certificate of rehabilitation to remove the duty to register under section 290; such duty does not end “until that person has obtained a full pardon” by proceeding either under Penal Code section 4800 et seq. or under section 4852.01 et seq. ( Id., § 290.5, subd. (b)(1), as amended by Stats.1996, ch. 129, § 1.) Finally, a pardon may enhance certain employment and professional opportunities otherwise unavailable to convicted felons. (E.g., Gov.Code, § 1029, subd. (b) [allowing convicted felons to work as parole or probation officers where “a full and unconditional pardon” has been obtained]; but see Pen.Code, §§ 4852.15 [cautioning that a certificate of rehabilitation does not compel reinstatement of any license, permit, or certificate needed “to practice or carry on any profession or occupation,” including the practice of medicine or law], 4853 [establishing similar cautionary rule where a pardon has been granted].)



FN17. (E.g., Bus. & Prof.Code, § 480, subd. (b) [stating that no license to practice a profession or vocation regulated by this code shall be denied “solely on the basis” of a felony conviction where the applicant “has obtained a certificate of rehabilitation” under Penal Code section 4852.01 et seq.]; Pen.Code, § 290.5, subd. (a) [relieving persons convicted of less serious sex crimes of the duty to register under § 290 if they have “obtain[ed] a certificate of rehabilitation” and are “not in custody, on parole, or on probation”].)"

[Keith92555]

We need a yawning or a cross-eyed smiley. Could you just give us the Reader's Digest condensed version of this...or maybe highlight the portions relevant to the OP???

Originally Posted by Aurelius

From People v. Ansell(2001) 256 Cal..4th 868 (that's the California Supreme Court):

"With certain exceptions discussed as relevant below, the certificate of rehabilitation procedure is available to convicted felons who have successfully completed their sentences, and who have undergone an additional and sustained “period of rehabilitation” in California. (§ 4852.03, subd. (a) [imposing general minimum requirement of five years' residence in this state, plus an additional period typically ranging between two and five years depending upon the conviction]; see §§ 4852.01, subds. (a)-(c), 4852.06.) During the period of rehabilitation, the person must display good moral character, and must behave in an honest, industrious, and law-abiding manner. (§ 4852.05; see § 4852.06.) Several provisions make clear that a person is “ineligible to ... petition for a certificate of rehabilitation” (§ 4852.03, subd. (b)), and that no such petition “shall be filed” (§ 4852.06), unless and until the foregoing requirements are met. (See § 4852.01, subds. (a)-(c) [describing who “may file” a petition].)


Proceedings begin when a qualified person petitions for a certificate of rehabilitation in the superior court of the county in which he lives. (§ 4852.06; see § 4852.07 [requiring notice to the Governor and to the district attorney in the county or counties where the petition is filed and the petitioner was convicted].) Other provisions allow the petitioner to pursue a certificate of rehabilitation without personal expense and with professional assistance. (§§ 4852.04 [establishing a right to counsel and to assistance from rehabilitative agencies, including probation and parole officers], 4852.08 [authorizing representation by the public defender or other appointed counsel], 4852.09 [prohibiting court fees of any kind], 4852.1 [authorizing the production of official records at no charge], 4852.18 [making the petition and other necessary forms available at no charge].)


The superior court holds a hearing and considers testimonial and documentary evidence bearing on the petition. (§§ 4852.1, 4852.11.) To this end, the court may compel the production of judicial, correctional, ***151 and law enforcement records concerning the crimes of which petitioner was convicted, his performance in custody and on supervised release, and his conduct during the period of rehabilitation, including all violations of the law known to any peace officer. ( Ibid.) The **1179 district attorney may be directed to investigate and report on relevant matters. (§ 4852.12.)


To enter an order known as a certificate of rehabilitation, the superior court must find that the petitioner is both rehabilitated and fit to exercise the *876 rights and privileges lost by reason of his conviction. (§ 4852.13, subd. (a).) FN12 The issuing court transmits certified copies of the certificate of rehabilitation to the Governor, the Board of Prison Terms, the Department of Justice, and-in the case of persons twice convicted of a felony-the Supreme Court. (§ 4852.14.)


FN12. Section 4852.13, subdivision (a) (section 4852.13(a)) states: “[i]f after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his or her rehabilitation and his or her fitness to exercise all of the civil and political rights of citizenship, the court may make an order declaring that the petitioner has been rehabilitated, and recommending that the Governor grant a full pardon to the petitioner. This order shall be filed with the clerk of the court, and shall be known as a certificate of rehabilitation.” By way of contrast, the Legislature recently added language to the same statute identifying at least one circumstance under which convicted sex offenders cannot obtain relief: “No certificate of rehabilitation shall be granted to a person convicted of any offense specified in Section 290[, the sex offender registration statute,] if the court determines that the petitioner presents a continuing threat to minors of committing any of the offenses specified in Section 290.” (§ 4852.13, subd. (b), added by Stats.1996, ch. 981, § 6 (section 4852.13(b)).) Another provision has long provided that the court “may deny” a certificate of rehabilitation for any “violations of law” committed during the period of rehabilitation. (§ 4852.11.)



A certificate of rehabilitation issued and transmitted in the foregoing manner serves two functions under the language of the statutory scheme. First, it has the effect of “recommending that the Governor grant a full pardon to the petitioner.” (§ 4852.13(a).) Second, the certificate of rehabilitation constitutes “an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein, except that, pursuant to Section 8 of Article V of the Constitution, the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court.” (§ 4852.16.)


Whether a certificate of rehabilitation and automatic application for a pardon issues under section 4852.01 et seq., or whether a pardon is sought by direct application under section 4800 et seq., certain civil rights and privileges are restored if the Governor acts favorably on the request. FN13 General statements of this ameliorative principle appear in section 4852.17, concerning “a full and unconditional pardon by the Governor, based upon a ***152 *877 certificate of rehabilitation,” FN14 and in section 4853, concerning all other cases “in which a full pardon has been granted by the Governor.” FN15


FN13. Nothing in either pardon application scheme authorizes the removal of a conviction from a felon's criminal record or the sealing of a record of conviction. Rather, the fact that a certificate of rehabilitation has issued or a pardon has been granted “shall be immediately reported to the Department of Justice by the court, Governor, officer, or governmental agency by whose official action the certificate is issued or the pardon granted. The Department of Justice shall immediately record the facts so reported on the former criminal record of the person, and transmit those facts to the Federal Bureau of Investigation at Washington, D.C. When the criminal record is thereafter reported by the department, it shall also report the fact that the person has received a certificate of rehabilitation, or pardon, or both.” (§ 4852.17.)



FN14. Section 4852.17 states, in pertinent part, “Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.”



FN15. Section 4853 states, in pertinent part, “In all cases in which a full pardon has been granted by the Governor of this state or will hereafter be granted by the Governor to a person convicted of an offense to which the pardon applies, it shall operate to restore to the convicted person, all the rights, privileges, and franchises of which he or she has been deprived in consequence of that conviction or by reason of any matter involved therein.”



More specific statutes in various codes and schemes confirm that a pardon removes or alleviates particular disabilities, including **1180 those cited earlier in the opinion.FN16 With respect to some disabilities, relief may be available based on the convicted felon's receipt of a certificate of rehabilitation, even where no pardon has been obtained.FN17


FN16. For example, under the Code of Civil Procedure, convicted felons are eligible to serve on trial juries if their “civil rights” have “been restored.” ( Id., § 203, subd. (a)(5).) Under Evidence Code section 788, impeachment with a felony conviction is barred if the witness has obtained either a “pardon based on his innocence” ( id., subd. (a)), or a “certificate of rehabilitation and pardon” ( id., subd. (b)). Likewise, a “pardon ... based upon a certificate of rehabilitation” restores “the right to own, possess, and keep any type of [lawful] firearm,” except where “the person was ever convicted of a felony involving the use of a dangerous weapon.” (Pen.Code, § 4852.17; see id., § 4854 [establishing similar firearm rule in any case in which the Governor “grant [s] a pardon”].) Under a recent amendment to Penal Code section 290.5, persons convicted of committing certain serious sex crimes against children and adults can no longer use a certificate of rehabilitation to remove the duty to register under section 290; such duty does not end “until that person has obtained a full pardon” by proceeding either under Penal Code section 4800 et seq. or under section 4852.01 et seq. ( Id., § 290.5, subd. (b)(1), as amended by Stats.1996, ch. 129, § 1.) Finally, a pardon may enhance certain employment and professional opportunities otherwise unavailable to convicted felons. (E.g., Gov.Code, § 1029, subd. (b) [allowing convicted felons to work as parole or probation officers where “a full and unconditional pardon” has been obtained]; but see Pen.Code, §§ 4852.15 [cautioning that a certificate of rehabilitation does not compel reinstatement of any license, permit, or certificate needed “to practice or carry on any profession or occupation,” including the practice of medicine or law], 4853 [establishing similar cautionary rule where a pardon has been granted].)



FN17. (E.g., Bus. & Prof.Code, § 480, subd. (b) [stating that no license to practice a profession or vocation regulated by this code shall be denied “solely on the basis” of a felony conviction where the applicant “has obtained a certificate of rehabilitation” under Penal Code section 4852.01 et seq.]; Pen.Code, § 290.5, subd. (a) [relieving persons convicted of less serious sex crimes of the duty to register under § 290 if they have “obtain[ed] a certificate of rehabilitation” and are “not in custody, on parole, or on probation”].)"

[Rob P.]

Originally Posted by Aurelius

From People v. Ansell(2001) 256 Cal..4th 868 (that's the California Supreme Court):

[snippity do dah]

FN16. For example, under the Code of Civil Procedure, convicted felons are eligible to serve on trial juries if their “civil rights” have “been restored.” ( Id., § 203, subd. (a)(5).) Under Evidence Code section 788, impeachment with a felony conviction is barred if the witness has obtained either a “pardon based on his innocence” ( id., subd. (a)), or a “certificate of rehabilitation and pardon” ( id., subd. (b)). Likewise, a “pardon ... based upon a certificate of rehabilitation” restores “the right to own, possess, and keep any type of [lawful] firearm,” except where “the person was ever convicted of a felony involving the use of a dangerous weapon.” (Pen.Code, § 4852.17; see id., § 4854 [establishing similar firearm rule in any case in which the Governor “grant [s] a pardon”].) Under a recent amendment to Penal Code section 290.5, persons convicted of committing certain serious sex crimes against children and adults can no longer use a certificate of rehabilitation to remove the duty to register under section 290; such duty does not end “until that person has obtained a full pardon” by proceeding either under Penal Code section 4800 et seq. or under section 4852.01 et seq. ( Id., § 290.5, subd. (b)(1), as amended by Stats.1996, ch. 129, § 1.) Finally, a pardon may enhance certain employment and professional opportunities otherwise unavailable to convicted felons. (E.g., Gov.Code, § 1029, subd. (b) [allowing convicted felons to work as parole or probation officers where “a full and unconditional pardon” has been obtained]; but see Pen.Code, §§ 4852.15 [cautioning that a certificate of rehabilitation does not compel reinstatement of any license, permit, or certificate needed “to practice or carry on any profession or occupation,” including the practice of medicine or law], 4853 [establishing similar cautionary rule where a pardon has been granted].)

The cliff notes version. And, something I did not know.

What you also have to realize is that the gov usually does NOT issue "pardons" in most cases. I do not know if the cert of rehab falls within that category.

[Aurelius]

Now you know why it costs so much money to hire a lawyer: a) they have t read this stuff and b) why one sentence when ten will do just fine?