Looking for direction with FBI / CHL issue.

[fb_stork]

I'm hoping someone may have some insight here, and it may just be "hire a lawyer". My wife has a CHL, issued last year, and she had to send in paperwork from 3 very old felonies, all 3 which now say convictions set aside & dismissed; reduced to misdemeanors. Texas was fine with the paperwork & issued the CHL. She recently tried to buy me a P-38 for my birthday, and the salesman mistakenly sent her paperwork to the Feds, who declined the purchase. She then appealed the denial, and the latest letter from the FBI still says no, Here is their bottom line: " The NICS Section Appeal Team has been advised the the California Penal Code Section 1203.4 does not "expunge" the prior conviction and does not restore an individual's right to own, possess, or have in her custody any firearm."

So she has a CHL, but she can't carry? What risk does she and I currently face by us having several guns in the house? I think the bottom line is she will have to get the old convictions expunged, but what is her current situation now with owning guns?

Thanks for your thoughts.

fb_stork

[Jumping Frog]

Seems to me your should post your question over on Calguns, since they are going to know California law. I don't think there is anything a Texas court can do to help you with California convictions.

[fb_stork]

Yes, but Texas issued the CHL after reviewing the CA charges. So what is her legal status now?

[RPBrown]

You might want to PM Charles and ask for some guidence in the matter

[The Annoyed Man]

I'm hoping someone may have some insight here, and it may just be "hire a lawyer".

Without trying to sound like a smarty-pants.....Hire a lawyer. That's what I would do if this were my problem—and not just because of the potential liabilities to your wife for carrying a firearm, but also for your own. Apparently, case law is not entirely clear as to whether or not the "non-felonious spouse" may legally keep firearms in the home for his/her own purposes when the other spouse is a convicted felon. The main question is whether you should hire a member of the Texas Bar, the California Bar, or both.

I agree that Calguns.net would be a very good place to start. I have a long time friend of mine who is retired LEO and posts over there as "BigDogatPlay." He is very knowledgeable about California law, and would probably be able to suggest the best ways to proceed with these kinds of things. You should join that forum and seek him out. Tell him I referred you, using my screen name here (he'll know who I am by that name), and he might be able to help. Also, Calguns.net has a strong base of California Bar attorneys who are involved in California RKBA issues, and they may be able to help also.

Good luck with that.


Edited to add: I have sent a PM to BigDogatPlay on Calguns.net to keep an eye out for a PM from you. Again, good luck.

[Jumping Frog]

Yes, but Texas issued the CHL after reviewing the CA charges. So what is her legal status now?

Is the feds decline her purchase because they consider her under federal disability, it doesn't matter what Texas thinks. Federal charges apply no matter what state.

[SwimFan85]

I don't think a Texas CHL will hold much water if she's prosecuted in Federal Court as a felon in possession of a firearm.

[i8godzilla]

http://leginfo.ca.gov/cgi-bin/displayco ... 191-1210.5" onclick="window.open(this.href);return false;

1203.4. (a) (1) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted
by the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code. The probationer shall be informed, in his or her
probation papers, of this right and privilege and his or her right,
if any, to petition for a certificate of rehabilitation and pardon.
The probationer may make the application and change of plea in person
or by attorney, or by the probation officer authorized in writing.
However, in any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if probation had not been granted or the
accusation or information dismissed. The order shall state, and the
probationer shall be informed, that the order does not relieve him or
her of the obligation to disclose the conviction in response to any
direct question contained in any questionnaire or application for
public office, for licensure by any state or local agency, or for
contracting with the California State Lottery Commission.

(2) Dismissal of an accusation or information pursuant to this
section does not permit a person to own, possess, or have in his or
her custody or control any firearm or prevent his or her conviction
under Chapter 2 (commencing with Section 29800) of Division 9 of
Title 4 of Part 6

[The Annoyed Man]

b_stork,

I sent my friend at Calguns.net a PM warning him that you might be contacting him (see my post above). He replied:

Happy to help. There are threads here on exactly that point. The bottom line is that simple expungement is not a magic pill. The convictions need to be knocked down to misdemeanors and then expunged.

I'll take a look at the thread and if they contact me I can put them in touch with very knowledgeable people.

This really is an offer you should take advantage of.

[gigag04]

I don't think a Texas CHL will hold much water if she's prosecuted in Federal Court as a felon in possession of a firearm.

I can assure you that her chances of being subject off a federal investigation are non-zero, but they are rapidly approaching it. The govt only has so many dollars earmarked for LE salaries - a US prosecutor couldn't give a hill of beans if that case came to their desk. That said, get a lawyer and do it right, I wouldnt let fears of prosecution keep you up at night.

[fb_stork]

Thanks Annoyed, I'll check with your referral on who to contact in California.

[Jumping Frog]

I don't think a Texas CHL will hold much water if she's prosecuted in Federal Court as a felon in possession of a firearm.

I can assure you that her chances of being subject off a federal investigation are non-zero, but they are rapidly approaching it. The govt only has so many dollars earmarked for LE salaries - a US prosecutor couldn't give a hill of beans if that case came to their desk. That said, get a lawyer and do it right, I wouldnt let fears of prosecution keep you up at night.

Whether the probability of prosecution is near zero or near certainty is beside the point. The point is, if she is under federal disability she would be committing a felony each time she possesses ammunition or firearms. She needs to learn what her correct status is and then plan her course of action (if any is available) appropriately.

[fb_stork]

Can't seem to get registered at Calguns. Can someone let them know the registration function doesn't worK? It says" we can't register you at this time" for the last 2 days.\