California Passed Prop. 64, Remove Prior Convictions, Restore Rights

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CalGunLaws.com
CalGunLaws.com

USA -(Ammoland.com)- On November 8, 2016 California voters passed Proposition 64 (Prop. 64) and thereby legalized the recreational use of marijuana.

Among the many changes this new law makes to current drug laws, Prop. 64 reduces and/or eliminates criminal penalties for marijuana offenses and, significantly, creates a process by which individuals who have been convicted of a marijuana crime in the past can petition to have their sentences recalled, dismissed, and/or sealed.

This would eliminate the underlying conviction and, for some folks, restore their firearm possession rights.

So, who exactly can obtain relief under Prop. 64?

Generally, any person who has been convicted of any one of the following marijuana offenses and is currently serving, or has served, their sentence can petition a court to have their sentences recalled and/or dismissed:

  1. Possession of Marijuana (Cal. Health & Saf. Code § 11357)
  2. Planting, Harvesting, or Processing Marijuana (Cal. Health & Saf. Code § 11358
  3. Possession for Sale (Cal. Health & Saf. Code § 11359)
  4. Unlawful Transportation, Importation, Sale, or Gift of Marijuana (Cal. Health & Saf. Code § 11360)

Prior to the passage of Prop. 64, your options to restore your firearm rights were limited.

Most of these crimes were treated as “straight felonies” meaning that the offense could not be reduced from a felony to a misdemeanor under California law.

As such, individuals with these felony convictions remained felons for life.

Because of their felony convictions, these individuals were prohibited from possessing firearms and ammunition under both federal and California law (unless they were fortunate enough to obtain a pardon from the Governor).

If you were convicted of one of the offenses listed above and are interested in removing your prior conviction from your record or restoring your right to possess a firearm, please give them a call at (562) 216-4444 or email at [email protected].

Since 1994, the attorneys at Michel & Associates, P.C. have worked tirelessly to help individuals reduce their criminal convictions, apply for pardons, and clean-up their criminal history records.

Notably, Michel & Associates attorneys have helped hundreds of people restore their rights to own and possess firearms.

Make no mistake, rights restoration is an arcane and narrow legal specialty.

Michel &  Associates, P.C. is one of the few law firms in California that has significantly developed this legal practice area.

To learn more about Michel & Associates, P.C. visit www.michellawyers.com.

 

About the CRPA:

To learn more about CRPA’s efforts to preserve the Second Amendment in California, please visit CRPA.org.

If you would like to donate to the CRPA Foundation to help us battle these laws and other attempts to limit the Second Amendment, please click here.

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WW2VETFAMILYCarolyn BuchananWild Billlos angelenodfggnhnj Recent comment authors
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Carolyn Buchanan
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Carolyn Buchanan

The rich do drugs,kill but you look up to them. They don’t give a dam about you.in their big homes,cars money in different banks,vacations. They or the felons, but you don’t say nothing about them. But the poor that can’t afford good Lawyer’s you say they don’t need another chance you wrong. You’ll or not GOD. Stop judging am sure you’ll have done something wrong you just didn’t get caught.

Carolyn Buchanan
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Carolyn Buchanan

Stop it.most people’s that do crimes or mentally ill. Or highly educated.America needs to wake up.All leader’s and rich get away with crimes everyday.They tax the hell out of you.Some places pay $7.25,$8.25 how much do they make and own. Partying and tax payers pick up the bill.you see them on t.v hell they not getting paid minimum wages.if you did your time and it was your first time on weed you should have all your rights restored.

Wild Bill
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Wild Bill

@CB, Poor, poor Carolyn what will ever become of you? Perhaps if you used your weed money for some remedial classes you would not have to worry about minimum wage or rights restoration.

Carolyn Buchanan
Guest
Carolyn Buchanan

Alcohol is sold everyday and kills millions, They still sale it.Read about weed before you say anything about it. People’s or going to do it anyway. Hell doctors makes pills that get you hooked on it or can kill you they or like drug dealers.And people’s sale them pills they get from the doctors.

eatadicc
Guest
eatadicc

All of these Druggies should not own guns commenters, need to look at it through different folks eyes. How many veterans have served this country since 2000? How many are coming back with disabling injuries and PTSD? Most are prescribed everything under the sun by the VA. And a lot are finding that marijuana is a better choice then the handful of prescribed medicine. But if any of you arm chair quarter backs and weekend warriors would like to tell them that they should not be able to own firearms, head down to your local VA and you can have… Read more »

Dr. 64 Relieved
Guest
Dr. 64 Relieved

Thanks for the sensible statement about all those paranoid right wingnuts that don’t know anything. As far as marijuana goes… IT IS MEDICINE! And an exceptionally effective one for a myriad of illness. Drunks with guns are a far bigger threat. Weed mellows folks alcohol on the other hand makes folks aggressive and limits impulse control. Of course right wing rednecks will never say alcoholics, should lose gun rights. How many you right wing drunks think you should have lost your gun rights after your first dui? None. Cuz the right are hypocrits. Please look it up… Guns and alcohol… Read more »

WW2VETFAMILY
Guest
WW2VETFAMILY

Exactly.

Funny that most people are ok with opiates prescribed by doctors that RUIN peoples lives and kill more Americans than the top 3 drugs COMBINED but yet mention smoking a joint to ease pain and get a full nights rest and they FREAK OUT and call you a druggy!

Dave
Guest
Dave

I always find it interesting reading persons comments. How minds can twist what is right from wrong. I have to wonder what part of against the law they don’t understand. Beyone me.

eatadicc
Guest
eatadicc

Dave have you surrendered all your 30 round mags yet?

2War Abn Vet
Guest
2War Abn Vet

California is the perfect example of the leftist ideal; aid criminals, persecute honest citizens.

EatAdicc
Guest
EatAdicc

How is this new law persecuting honest citizens?

Bud Schnelker
Guest
Bud Schnelker

It is a scientific fact that marijuana improves brain function and can reverse or cure several diseases including cancer. Aside from that it is a plant that grows naturally why on earth does anyone still care if people want to smoke it, eat it or do anything else with it, and why do you want the government regulating it? If you don’t want to use it you don’t have to.

carlson1038
Guest
carlson1038

Just admit that you like to get high and leave it at that. If your argument is that you should have the right to do that, you will get some support, however, please don’t drive or buy guns. Trying to convince intelligent people that smoking pot improves brain function just shows that you have smoked too much of it. Reversing or curing cancer? You really have been smoking too much pot. It may help alleviate the symptoms, but it certainly does not cure or reverse it.

AFGus
Guest
AFGus

carlson1038….. Thanks for saying what I was immediately thinking as I read Bud’s post.

“It’s a scientific fact that pot improves brain function”…. LOL…..seriously Bud? Seriously?!

SMFH

WW2VETFAMILY
Guest
WW2VETFAMILY

And why do you say that?

So you basically ignore studies and go off of your own vast expertise? Or should I say opinions and assumptions

Carlson1038
Guest
Carlson1038

Druggies should not have cars either! The idiots in CA voted for every tax on the ballot and to legalize Pot and to restrict gun rights. I’m stuck in loony[land until I retire, it can’t come soon enough!

EMMETT
Guest
EMMETT

I’m with you. I don’t think any of these libtards even know what they were voting for. I’m amazed at all these props that passed. They raised taxes and now want to charge $.10 per bag at the store. People were complaining about it in the stores and didn’t know it was even in the props. I wish people took the voting rights serious and actually read what they’re voting for like I do. Can’t wait to get to my property in Utah to live there.

WW2VETFAMILY
Guest
WW2VETFAMILY

Just because a person might have a minor record involving MJ, doesnt make that person a “druggy”

But hey, crack open that jack daniels and lets go shooting!

Infidel7.62
Guest
Infidel7.62

Druggies should not have guns.

Dolanfossil
Guest
Dolanfossil

DON’T

Don’t like gay marriages? Don’t get one.
Don’t like cigarettes? Don’t smoke one.
Don’t like abortions? Don’t have one.
Don’t like sex? Don’t do it.
Don’t like drugs? Don’t do them.
Don’t like porn? Don’t watch it.
Don’t like alcohol? Don’t drink it.
Don’t like guns? Don’t buy one.
Don’t like your rights Then don’t take away
taken away? someone else’s.

Bald Eagle
Guest
Bald Eagle

Gay marriage isn’t a right.
Smoking cigarettes isn’t a right.
Having an abortion isn’t a right.
Having sex isn’t a right.
Doing drugs isn’t a right.
Drinking alcohol isn’t a right.
Owning a firearm is a right. Obviously you don’t have to own one.
Having laws to prevent druggies and crazies is a sensible idea.
Do some research on the difference between a law for the safety of the people and a ‘right’ of the people.

neil
Guest
neil

Too late dude, it’s 2017 now and prop64 has passed. Now i can sell drugs, and own an armory after i was told by the state of CA. they are now the drug dealers on the corner.

Tionico
Guest
Tionico

marijuana is NOT in the same class as the heavily addicting and debilitating narcotics, many of which are commonly prescribed for pain, anxiety, eyc, and in those cases do not disable one from firearms ownership/use. Oddly (and corruptly) enough, Charlie can be lawfully prescribed opium for his spinal injury paim, whilst George gets his on the black market for the same use. Charlie is immune from prosecution and can lawfully own all the guns he wants. George gets caught and instatnly gains the label “felon” and if he’s caught with a gun or even a single round of .22 ammunition… Read more »

EatAdicc
Guest
EatAdicc

Why not? Could you post more then a five word opinion?

Druggies should not be president but the last three have had documented drug use in their past and were able to have the power to nuke the whole world. And their drug of choice was worse then marijuana

dfggnhnj
Guest
dfggnhnj

to late, prop 64 has passed. I sell pot & own an armory.

los angeleno
Guest
los angeleno

to late, prop 64 has passed. I sell pot & own an armory