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Thread: Q about a "legal resident"

  1. #1
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    We have a friend of the familythat has question about firearms and don't know who to ask and hoping someone here might know the answer or at least know where or who to ask.

    He's apermanent resident of the US and had a run in with the law when he was a young man in college and got charged with a felony. He was being "haised' by the frat he had joined and proceded to take their stuff and hide it in the basement in retaliation. Well, you don't do that to the frat :quirky.They charged him with a felony burglary and got it to stick.

    Since the last 20 some years, he'sbeen able to expunge the felony and is now a high school teacher. He is still apermanent resident."Short story" about why he never got citenzenship. ... he was in a major auto accident that nearly killed him (he was actually pronounced dead at the scene) while he was in the process of obtaining citizenship the first time and did a couple more attemps, but each time some major life altering event ocurrs in the midle of the process and he finally figured "God is trying to tell me not to worry about that," and has just remained apermanent resident.

    It seems, even thoughthe felonyis expunged, it will still show up when the schools do a background check and he has to provide the school with document showing it is expunged and a written explanation from the court.

    Well, after my long winded summery ofhis history, the "$64,000 question" is: can he legally own a firearm in the state of California being only apermanent resident and having a felony in his past?

  2. #2
    Campaign Veteran marshaul's Avatar
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    Hmm, former member of a frat, and believes God speaks to him? Doesn't sound like a good candidate for firearms ownership to me.


    Hah, sorry, I couldn't resist. I'll step out now so someone can actually answer your question. :P

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    :P

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    I believe there's a process for having your rights restored that is additional to getting the felony expunged. I would recommend finding an attorney that specializes in this sort of thing.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
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    Don't Tread On Me.

  5. #5
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    Thanks CA_Libertarian.

    Maybe he can contact the original lawyer that handled the case, I know he contacted him afew years back for a copy of the original documents, so he is probibly still in the same old office, lol.

    I'll follow up when I find out any more info.

  6. #6
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    I did a google search after your reply and it seems permanent residents can own firearms, but the expunged felony seems a bit trickier.

    I'm posting what I found here for the state of California...

    http://www.recordgone.com/commonexpu...tquestions.htm

    Does expungement restore my Second Amendment Rights?

    Possibly. The two most common reasons for a person to lose their right to own or possess a firearm are (1) being convicted of a felony or (2) being convicted of domestic violence.

    If you were convicted of a felony, expungement will not restore your right to own a firearm. However, it may be possible to reduce your felony to a misdemeanor, which will restore your right to own a firearem...
    Will reducing my felony to a misdemeanor restore my right to own a gun or other firearm? Yes, in most cases.
    So, according to this law firm, if he his felony was reduced to a misdemeanor before being expunged, then hecan most likelylegally own a firearm, but probably needs to confirm this with his lawyer.

  7. #7
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    I was looking for something else and found this on the CA DOJ website. Hope it helps:

    Any person may request directly from the Department of Justice a determination as to whether he or she is eligible to possess firearms. The application form and instructions to request a personal firearms eligibility check is on the DOJ Bureau of Firearms website at http://www.ag.ca.gov/firearms/forms/. The cost for such an eligibility check is $20. (PC ยง 12077.5.)

    Page 26 of the doc at http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

    May be cheaper than an attorney. Good luck!

  8. #8
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    perm residents get same gun rights as us citizens under equal prot. doctrine, however, weirdly, ATF wants 60 days of "proof of residency" in a state before he buys gun from dealers in that state.

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    Awesome Mechanic, thanks! I doubt a lawyer could beat the $20 eligibility check, lol

    Thanks Mike, there will be no problem there, he's lived inCali since he was a young kid.

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