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TMLLP Managing Partner C.D. Michel has written a memorandum of law relating to the effect of Penal Code 17(b); Reduction to Misdemeanor On State and Federal Firearm Possession Prohibition. Click "read more" for the Memorandum in PDF format.
[Court dismisses as moot the constitutionality of allowing felons a means to restore their right to obtain firearms but not allowing the same for former mental patients, because Congress, while this case was in process, changed the law to allow any person with firearms disabilities to apply for relief.]
If you are interested in this case, and other cases like it, CalGunLaws.com recommends Supreme Court Gun Cases. A new reference book, six years in the making; includes 44 cases unedited and another 48 in pertinent part, for a total of 92 gun cases. Includes plain-English summaries of every case, more than 1,000 highlighted quotations for easy reading; essays on the subject matter by the three co-authors; a special "descriptive index" that reduces each case to the question(s) it answers about firearms. Supreme Court Gun Cases is the work of three co-authors: Attorney David B. Kopel, Research Director of the Independence Institute in Colorado; Attorney Stephen P. Halbrook, Ph.D., attorney in private practice in Virginia who has won three gun-related cases before the Supreme Court; author Alan Korwin, nationally recognized expert on American gun laws.
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Posted by Staff on Tuesday, September 30 @ 10:33:33 PDT (327 reads)
If a state criminal conviction, which removes your ability to bear arms under federal law is expunged at the state level, is your federal disability from bearing arms automatically removed [NO]; Is it constitutional to deny your right to arms after your conviction has been expunged [YES].
If you are interested in this case, and other cases like it, CalGunLaws.com recommends Supreme Court Gun Cases. A new reference book, six years in the making; includes 44 cases unedited and another 48 in pertinent part, for a total of 92 gun cases. Includes plain-English summaries of every case, more than 1,000 highlighted quotations for easy reading; essays on the subject matter by the three co-authors; a special "descriptive index" that reduces each case to the question(s) it answers about firearms. Supreme Court Gun Cases is the work of three co-authors: Attorney David B. Kopel, Research Director of the Independence Institute in Colorado; Attorney Stephen P. Halbrook, Ph.D., attorney in private practice in Virginia who has won three gun-related cases before the Supreme Court; author Alan Korwin, nationally recognized expert on American gun laws.
(Click for the remainder of this story) ( | | | | Case Law )
Posted by Staff on Tuesday, September 30 @ 10:01:16 PDT (434 reads)
Can a three-time violent-felony loser avoid a five-year mandatory penalty enhancement for carrying a gun in a subsequent crime he commits, if a state court had partially restored his right to keep and bear arms [NO]; If a state restores a convicted felon's right to keep and bear long guns but not handguns, is the federal ban for felons on possession on all guns removed [NO].
If you are interested in this case, and other cases like it, CalGunLaws.com recommends Supreme Court Gun Cases. A new reference book, six years in the making; includes 44 cases unedited and another 48 in pertinent part, for a total of 92 gun cases. Includes plain-English summaries of every case, more than 1,000 highlighted quotations for easy reading; essays on the subject matter by the three co-authors; a special "descriptive index" that reduces each case to the question(s) it answers about firearms. Supreme Court Gun Cases is the work of three co-authors: Attorney David B. Kopel, Research Director of the Independence Institute in Colorado; Attorney Stephen P. Halbrook, Ph.D., attorney in private practice in Virginia who has won three gun-related cases before the Supreme Court; author Alan Korwin, nationally recognized expert on American gun laws.
(Click for the remainder of this story) ( | | | | Case Law )
Posted by Staff on Monday, September 29 @ 16:46:50 PDT (439 reads)
Does reinstatement of a federal felon's civil right to keep and bear arms by a state court remove the federal disability against felons bearing arms [NO]; Does the fact that Congress currently provides no way for a felon to restore the right to keep and bear arms matter in this regard [NO].
If you are interested in this case, and other cases like it, CalGunLaws.com recommends Supreme Court Gun Cases. A new reference book, six years in the making; includes 44 cases unedited and another 48 in pertinent part, for a total of 92 gun cases. Includes plain-English summaries of every case, more than 1,000 highlighted quotations for easy reading; essays on the subject matter by the three co-authors; a special "descriptive index" that reduces each case to the question(s) it answers about firearms. Supreme Court Gun Cases is the work of three co-authors: Attorney David B. Kopel, Research Director of the Independence Institute in Colorado; Attorney Stephen P. Halbrook, Ph.D., attorney in private practice in Virginia who has won three gun-related cases before the Supreme Court; author Alan Korwin, nationally recognized expert on American gun laws.
(Click for the remainder of this story) ( | | | | Case Law )
Posted by Staff on Monday, September 29 @ 15:47:01 PDT (392 reads)
If BATF fails to act on a request for restoration of the right to bear arms, but does not actually deny the request, are there actionable grounds for judicial review to get those rights restored [NO].
If you are interested in this case, and other cases like it, CalGunLaws.com recommends Supreme Court Gun Cases. A new reference book, six years in the making; includes 44 cases unedited and another 48 in pertinent part, for a total of 92 gun cases. Includes plain-English summaries of every case, more than 1,000 highlighted quotations for easy reading; essays on the subject matter by the three co-authors; a special "descriptive index" that reduces each case to the question(s) it answers about firearms. Supreme Court Gun Cases is the work of three co-authors: Attorney David B. Kopel, Research Director of the Independence Institute in Colorado; Attorney Stephen P. Halbrook, Ph.D., attorney in private practice in Virginia who has won three gun-related cases before the Supreme Court; author Alan Korwin, nationally recognized expert on American gun laws.
(Click for the remainder of this story) ( | | | | Case Law )
Posted by Staff on Monday, September 29 @ 15:32:40 PDT (320 reads)
This article contains a general summary of California laws relating to restoration of firearm rights. It is provided for educational purposes only and is not designed to provide individual guidance for specific situations, nor does it attempt to summarize federal law. Use of CalGunLaws.com is deemed acceptance of the Disclaimers/Terms of Use policy. The legality of any specific act will ultimately be determined by applicable federal and state statutory and case law and municipal law where it applies. For more information on specific state statutes, please refer to the full text of the California Penal Code sections referenced herein, available via the Internet at: CalGunLaws.com and California's Official Legislative Information site. Persons having specific questions are encouraged to seek legal advice from an attorney, or consult their local law enforcement agency or law library. To agree to these terms and review this summary, click "read more" below.
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For more information on this topic, please review our Frequently Asked Questions page or search our site for key terms. If this summary does not address the information you are seeking, please consult with an attorney or contact the California Department of Justice and/or the Bureau of Alcohol, Tobacco and Firearms for assitance.
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Posted by Staff on Tuesday, July 08 @ 14:24:54 PDT (2224 reads)
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