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Old November 20, 2013, 09:08 PM   #112
Cosmo
Junior Member
 
Join Date: July 31, 2012
Posts: 6
Set Aside?

In the attachment to post #109, Al, it says:

Section 922(g)(9) establishes two exceptions under which the statute will no longer apply: (1) “if the conviction has been expunged or set aside”; or (2) if the offender “has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense).” 18 U.S.C. § 921(a)(33)(B)(ii)."


On my CA 1203.4 documents, the judge wrote "plea set aside, probation terminated".

This, I think, is what we need to go after -- why CA 1203.4 is not considered to be relief as described in 921(a)(33)(B)(ii).

Last edited by Cosmo; November 20, 2013 at 09:13 PM.
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