Does a pc11350a felony conviction set aside/dismissed under pc1210.1 prevent party from possesing a "Non Concealable" Firearm

Asked over 2 years ago - Redondo Beach, CA

1210.1:
(2) Dismissal of an indictment, complaint, or information pursuant
to paragraph (1) does not permit a person to own, possess, or have
in his or her custody or control any firearm capable of being
concealed upon the person or prevent his or her conviction under
Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of
Part 6.

Attorney answers (2)

  1. Joseph Anthony Silvoso III

    Contributor Level 7

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    Answered . It actually prevents a person from possessing ALL firearms. PC 1210.1 (aka Prop 36) does not restore firearm rights, and a person convicted for a felony drug offense and receives relief under this section is still prohibited from possessing firearms under California and federal law.

    You are prohibited from possessing firearms (and ammunition) under California law because this section still allows you to be convicted under "under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6" which is California's firearm prohibited persons section.

    Because this section does not restore firearm rights under California law a person is still considered prohibited under federal law too. 18 USC 921.

    Joe Silvoso
    Michel & Associates
    Firearms Lawyers
    (562) 216-4444

  2. John M. Kaman

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . You've discovered a distinction in the text that is overcome by the reference to PC 29800 which prohibits anyone ever convicted of a felony or who is addicted to a controlled substance from every owning or possessing ANY firearm.

    So the short answer is yes, Pc 1210.1 does prohibit someone who has had a felony PC 11350 conviction set aside from owning or possessing, etc., a firearm.

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