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How can I get my gun rights back? I was convicted of a class 6 undesignated dui felony but got it down to misdemeanor.

Santa Ana, CA |

I reside in California but was arrested in Arizona for aggravated dui and eventually got it down to a misdemeanor. I purchased a fire arm in 2008 with no problems and when I tried to purchase a firearm in 2012 i was denied and was told I had to get a "pardon" from Arizona. I heard that rarely happens. Please help me get my gun rights back.

Semper FI

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Attorney answers 3

Posted

If you were convicted of a felony before you got the reduction you may well have to get a pardon in AZ to get your gun rights back. If however the crime was reduced to a misdemeanor before sentencing you should not face any gun restrictions. Your best answer on this one will, come from an AZ attorney.

Posted

You should submit a Personal Firearms Eligibility Check form (PFEC) to the California Department of Justice along with $20 and see what they say. If they tell you that you are prohibited due to your AZ conviction, then you need to speak with an AZ attorney about whether your conviction is considered a felony conviction or not. Felony convictions bar you from firearm possession for life under federal law.

If it is a felony conviction, you need to speak with an AZ attorney about whether your conviction can be "expunged" or "set-aside" so that you are no longer considered to have a felolny conviction under federal law. Attorney David Hardy is Of-Counsel with our firm and is an expert on firearm related matters. He should be able to help you with AZ matters or point you to someone who can.

If your AZ conviction is NOT considered a felony conviction then DOJ may be making a mistake and you may need a California attorney familiar with firearm laws to assist you in clarifying the matter with them. Our firm specializes in firearm related matters. If this becomes an issue feel free to contact me.

Additionally, you mentioned that you purchased a firearm in 2008. If you are considered a prohibited person you should speak with an attorney immediately about how to get rid of that firearm. The CA DOJ has ramped up its efforts to go after people in the system who they know have firearms and have since become prohibited from possessing them. They just announced a huge sweep in Fresno, and another one I forget where. They just got a huge source of funding to do these types of sweeps, so don't get busted with a firearm. That would be a felony that would bar you for life from ever touching a gun. Good luck and thank you for your service to our country.

Michel & Associates, PC
(562) 216-4444

All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.

Asker

Posted

Just want to add. My conviction was in 2004. What number can I reach Mr Hardy?

Sean Anthony Brady

Sean Anthony Brady

Posted

His e-mails are: dthardy@mindspring.com DHardy@michellawyers.com

Sean Anthony Brady

Sean Anthony Brady

Posted

The date of your conviction is irrelevant, other than for some reason you were able to buy a gun at least once after it. That means they either missed it before or they are mistaken now. If it is the former, you better speak with an attorney. If you lawfully bought the gun through a dealer you have a defense, but you don't want to have to make that argument.

Posted

You should contact your attorney in Arizona. Either the codes have been incorrectly inputted by Arizona for the CA Department of Justice to prohibit you from owning a gun in CA or you pled to a felony in Arizona and do not realize it. The correction must come from the Arizona Court if that is the only case you have. However, until this occurs you cannot own, possess or be in control of any guns so make sure you do not have any guns or you may be charged with a new felony in California.

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