Who is Prohibited In California

BigMarty

Inactive
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.:mad::mad:
 
They do not conflict per se, one is simply more strict for certain violations. What exactly was the charge under PC245? If it was assault with a deadly weapon you are not going to get through DROS, IMO.

Since it is a 30+ year old misdemeanor you should try to have it expunged. Please contact Chuck at TMLLP http://www.tmllp.com/ if you are in Socal. They will help you (just tell em Matt sent you), but it won't be cheap.
 
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