The Firing Line Forums - View Single Post - Holder and the Feds Sued Over Lifetime MCDV Prohibition: Lautenberg

American Made · October 3, 2011, 01:52 PM

Bobw88,

Are you still looking for info? There are several MAJOR problems with California expungement law. The first being, it is not a full expungement under federal standards. You need one of the better firearm attorneys! Most 'legal minds' don't understand this area of law well enough.

The misdemeanor under California law is only ten year firearm ban. Then you have the federal issue at play here - which is lifetime. I believe there is a lawsuit about this CURRENTLY. If you would have pled down further ( something that was reducible ) then you could ask the judge to reduce the charge. But.... Ca PC 273 ()ect are not reducible.

You COULD spend tons of money and see if you could re-fight the whole case. This is very hard though.

What was your plea? What for..Penal code?

EDIT:

Run this by your attorney. Have your charge ( I believe this can happen with the D.A's permission ) reduced to CA penal code 415(2). The whole subject is "element" of force under federal law. I believe this is your best hope..

Here is CA penal code 415

Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.

October 3, 2011, 01:52 PM	#40
American Made Member Join Date: September 21, 2011 Location: Idaho Posts: 92	Bobw88, Are you still looking for info? There are several MAJOR problems with California expungement law. The first being, it is not a full expungement under federal standards. You need one of the better firearm attorneys! Most 'legal minds' don't understand this area of law well enough. The misdemeanor under California law is only ten year firearm ban. Then you have the federal issue at play here - which is lifetime. I believe there is a lawsuit about this CURRENTLY. If you would have pled down further ( something that was reducible ) then you could ask the judge to reduce the charge. But.... Ca PC 273 ()ect are not reducible. You COULD spend tons of money and see if you could re-fight the whole case. This is very hard though. What was your plea? What for..Penal code? EDIT: Run this by your attorney. Have your charge ( I believe this can happen with the D.A's permission ) reduced to CA penal code 415(2). The whole subject is "element" of force under federal law. I believe this is your best hope.. Here is CA penal code 415 Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction. Last edited by American Made; October 3, 2011 at 02:05 PM.