Expert: n/a - 1/22/2009

Question
My question involves expungements or pardons for the state
of: California


I currently have a 10 year restriction on my firearm
rights.

I am looking for advice on how to restore gun rights
without waiting 10 years as stated in Section 12021.1 of
the Penal Code. I am a 25 years old California resident. In
2002 when I was 19, I got into a fight after a car accident
and was charged with PC 245 misdemeanor assault w/ a deadly
weapon. I plead no contest and was convicted. It was first
and only offense. No jail time was served and I completed
all the requests of the courts. In 2007, I had that charge
expunged and dismissed. I tried purchasing a pistol at the
local Turners and it turns out the USDOJ denied my
application. I called them and they informed me that my gun
rights are prohibited for another 4+ years due to the
assault case in 2002.  They also informed me that PC 1203.4
petition for expungement does nothing for firearm rights.

My question is: Is there any way for me to restore gun
rights before the 10 year period is up?

Is there any one out there with a similar situation who has
successfully restored gun rights in California?

Everyone is telling me that the only way is to wait it out
or enter a writ of error coram nobis or pardon.

Any advice or insight on this subject would be greatly
appreciated.  

Thank you,

Rich

Answer
The only thing you can do is either wait or apply for a Pardon which can take up to 4 years to receive anyway.  This code is a local CA law , I have not read that in the Federal firearm code.  Misdemeanors other than domestic violence are not grounds for firearm restrictions.  As long as you are living in California your choices are to wait or a Pardon.  

Good Luck