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PC 243(A) Simple Battery and Firearms Rights

On Lawyer & Legal » criminal law & procedure

6,683 words with 5 Comments; publish: Fri, 17 Apr 2009 05:50:00 GMT; (80093.75, « »)

My question involves criminal law for the state of: CA

Can anyone tell me if PC243(A) Simple Battery affects me as a current military member who has to use firearms for employment? My case was reduced from Domestic Battery to Simple battery. CA Court provoked my rights to own a private firearm, but noted that I could use it for my duties in the military. Now I know about the Luttenberg Amendment in regards to a conviction of a Domestic Violence Conviction.

I was sentenced with 3 years of probation. I don't need a probation officer or anyone I need to check into with. I'm also required to take a DVRP class. I guess my real underlying question is, how does it affect me in a Federal sense?

Also, since it wasn't a MCDV conviction can i get it expunged and restore my 2nd amendment right on the federal level?

Thank you

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  • 5 Comments
    • Quoting
      okay i understand. i was told that i could initiate the expungement process two years after the incident (2-Feb-08) and not from the date i convicted, is this true?
      That depends on whether you have completed probation or not.

      Check this link for further info:

      http://www.courtinfo.ca.gov/selfhelp...n.htm#eligible

      - Carl

      #1; Sat, 18 Apr 2009 12:26:00 GMT
    • Quoting
      so i have to wait ten years even for a simple battery charge?
      Yep.

      Quote:
      Now is it true if i expunge a MCDV from my record it doesn't give me the right to own a gun?
      What is a "MCDV"?

      In general, if you expunge a misdemeanor, it will only restore firearms rights if the expungement specifically states it.

      PC 12021(c):

      (c) (1) Except as provided in subdivision (a) or paragraph (2) of

      this subdivision, any person who has been convicted of a misdemeanor

      violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of

      Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,

      243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422,

      626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section

      12034, Section 12040, subdivision (b) of Section 12072, subdivision

      (a) of former Section 12100, Section 12220, 12320, or 12590, or

      Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any

      firearm-related offense pursuant to Sections 871.5 and 1001.5 of the

      Welfare and Institutions Code, or of the conduct punished in

      paragraph (3) of subdivision (g) of Section 12072, and who, within 10

      years of the conviction, owns, purchases, receives, or has in his or

      her possession or under his or her custody or control, any firearm

      is guilty of a public offense, which shall be punishable by

      imprisonment in a county jail not exceeding one year or in the state

      prison, by a fine not exceeding one thousand dollars ($1,000), or by

      both that imprisonment and fine. The court, on forms prescribed by

      the Department of Justice, shall notify the department of persons

      subject to this subdivision. However, the prohibition in this

      paragraph may be reduced, eliminated, or conditioned as provided in

      paragraph (2) or (3).

      Quote:
      If I expunge a simple battery will I be able to own a gun?
      Generally, no. Unless the expungement order specifically grants it. are both of these considered federal offenses which will invoke my gun right?[/quote]

      I know the DV is, but I am not sure of the simple battery and how it efected by federal law. However, if it is indicated as domestic violence related, the prohibition should still stand at the fed. level as well.

      Quote:
      basically since this occured in CA and CA say's I can't own a gun...can I own a gun in AZ or TX for example?
      As I understand it, no. Not as long as the DV conviction remains and is not expunged with a notification to restore your gun rights.

      - Carl

      #2; Fri, 17 Apr 2009 15:57:00 GMT
    • Quoting
      Can anyone tell me if PC243(A) Simple Battery affects me as a current military member who has to use firearms for employment? My case was reduced from Domestic Battery to Simple battery.
      If you were convicted of either PC 242 ("simple" battery) or PC 243(a) (misdemeanor domestic violence battery) then you have a ten year exclusion from firearms.

      You will need to check with the military on whether you are exempted while on duty or not.

      Quote:
      Also, since it wasn't a MCDV conviction can i get it expunged and restore my 2nd amendment right on the federal level?
      Yes, you can seek an expungement, but that will not automatically restore your rights. The expungement order must specifically restore your firearms rights.

      - Carl

      #3; Fri, 17 Apr 2009 11:38:00 GMT
    • okay i understand. i was told that i could initiate the expungement process two years after the incident (2-Feb-08) and not from the date i convicted, is this true?
      #4; Sat, 18 Apr 2009 11:06:00 GMT
    • so i have to wait ten years even for a simple battery charge?

      Now is it true if i expunge a MCDV from my record it doesn't give me the right to own a gun?

      If I expunge a simple battery will I be able to own a gun? are both of these considered federal offenses which will invoke my gun right? basically since this occured in CA and CA say's I can't own a gun...can I own a gun in AZ or TX for example?

      #5; Fri, 17 Apr 2009 15:31:00 GMT