I have a 30 year old California misdemeanor 245PC no weapon no domestic violence in which there seems to be a conflict in the law regarding how long the prohibition is.
In section 12021(c)(1) it lists the offense as only having a 10 year prohibition. Enacted in 1991
But in section 12021.1 It list the offense either as a felony or misdemeanor as having a lifetime ban. Enacted in 1982
Also when you go to buy a gun in california on the DROS form it asks
Has purchaser ever been convicted of a felony or any offense specified in 12021.1 or 12001.6, or convicted of assault, battery, or other misdemeanor offense specified in penal code section 12021(c)(1) in the last ten years?
If you answer yes to that question you don't get the gun. According to 12021(c)(1) I should be able to answer no to the question but under 12021.1 I have to answer yes to the question. So what gives as the offense is in both sections.
Reading prior case law in California I find that when a conflict between two statutes exist the the newer one prevails in this case 12021(c)(1) a ten year ban Also when restrictions conflict as they do here the lessor one prevails.
However that doesn't seem to be the case on the DROS form, unless I completely misunderstand.
So basically I am trying to determine how long the probhition actually is.
In section 12021(c)(1) it lists the offense as only having a 10 year prohibition. Enacted in 1991
But in section 12021.1 It list the offense either as a felony or misdemeanor as having a lifetime ban. Enacted in 1982
Also when you go to buy a gun in california on the DROS form it asks
Has purchaser ever been convicted of a felony or any offense specified in 12021.1 or 12001.6, or convicted of assault, battery, or other misdemeanor offense specified in penal code section 12021(c)(1) in the last ten years?
If you answer yes to that question you don't get the gun. According to 12021(c)(1) I should be able to answer no to the question but under 12021.1 I have to answer yes to the question. So what gives as the offense is in both sections.
Reading prior case law in California I find that when a conflict between two statutes exist the the newer one prevails in this case 12021(c)(1) a ten year ban Also when restrictions conflict as they do here the lessor one prevails.
However that doesn't seem to be the case on the DROS form, unless I completely misunderstand.
So basically I am trying to determine how long the probhition actually is.