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Thread: Can Ex-Felons Carry Openly In California?

  1. #1
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    Hello I'm 24 and I had some trouble and made some bad choices in the past with a non-violent crime but I'm coming off probation in august and getting my felony expunged the same day according to my lawyer I believe I will be getting my gun rights back and I was wondering if after I expunge my felony would I be able to Open carry.

    Please if anyone has any information legal or not contact me or reply asap!

    Thank You!

  2. #2
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    If you have a lawyer, your best bet is to ask him this exact question.

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    Aaron1124 wrote:
    If you have a lawyer, your best bet is to ask him this exact question.
    This. That questions is WAY out of the scope of this forum, and none of us here can provide legal advice.
    Why open carry? Because 1911 > 911.

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    djelav8 wrote:
    if after I expunge my felony would I be able to Open carry.
    I am not a lawyer and a coward, but I can and do read closely. If you use those words properly then your rights will be restored. When and what are less certain.

  5. #5
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    Your record will be expunged? Your lawyer should ask you about that and check to make sure you used the correct word for what happened in your case. That's why none of us here should pretend to be able to answer your question: We cannot check on all of the pertinent details of your unique situation.

    For the love of all that is holy, do not accept legal advice about your unique situation from folks on a message board.

  6. #6
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    eye95 wrote:
    For the love of all that is holy, do not accept legal advice about your unique situation from folks on a message board.
    "He who gives legal advice on a forum has a fool for a client."?
    Why open carry? Because 1911 > 911.

  7. #7
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    AbNo wrote:
    eye95 wrote:
    For the love of all that is holy, do not accept legal advice about your unique situation from folks on a message board.
    "He who gives legal advice on a forum has a fool for a client."?
    And he who takes legal advice on a forum is a foolish client ...

    I am still trying to figure out why this "person" asked this question on this forum. I am wondering if this is not a TROLL in some way.
    cheers - okboomer
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    Exercising my 2A Rights does NOT make me a CRIMINAL! Infringing on the exercise of those rights makes YOU one!

  8. #8
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    Eh, I'm not so quick to raise the troll flag unless it's pretty blatant.

    I reserve my skepticism, but I think calling out "ZOMG TROLL!!!111" on every poster seems a bit much.

    Then again, as I like to say, I'm just some guy on the internet.
    Why open carry? Because 1911 > 911.

  9. #9
    Regular Member Brimstone Baritone's Avatar
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    You have the right not to incriminate yourself. If you firmly believe the lawyer that told you you were okay to carry, then do so, but if questioned or arrested by police politely refuse to answer their questions without your lawyer.

    I have heard stories of warrants that never went away even after they were 'cleared up', and I would imagine it would be more likely with something like a felony.

    IANAL, YMMV, IMHO, TINLA, etc.
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

  10. #10
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    I cannot give you a definitive answer for your particular case, but I can give you a little encouragement.
    In my case, I was convicted of a felony gun crime, spent time in jail, 3 years probation, monetary fines and community service.
    After my probation was completed I filed a petition for expungement with the court clerk. I represented myself at the hearing, answered all of the judge's questions honestly and he granted my petition.
    Since then I have received an FFL, purchased many firearms, and openly carried a handgun.
    The first time I was stopped by police for carrying, they ran my ID through the system and had all of my records in front of them. They asked some questions about my felony conviction which I declined to answer. They gave me back my handgun and sent me on my way.
    If your lawyer is confident, go for it.

    I think the test should be: if you can legally purchase a handgun/firearm in your state, then you should be able to carry it any way it is legal in your state.

  11. #11
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    Use your common sense. Without giving an answer.....think.

    If a record is expunged......does it not mean there is no record anymore?

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