Cardoza

Appellant William R. Bradford filed a complaint for declaratory relief against respondents Albert M. Cardoza, the Solano County Sheriff, and California Attorney General John Van de Kamp. Bradford sought a declaration that he is no longer subject to possible criminal liability pursuant to Penal Code section 12021, a statute prohibiting the possession of concealable firearms by convicted felons.

The respondents’ motion for judgment on the pleadings was granted by the trial court on the basis that the complaint failed to state facts sufficient to state a cause of action. Bradford appeals.

I

The pertinent allegations of the complaint are as follows: In March 1969, Bradford was convicted of violating 18 United States Code section 641 , receiving stolen government property. He received a suspended sentence of two years imprisonment, was placed on probation, and ordered to pay a fine of $750.

On December 23, 1980, Bradford received a full and unconditional pardon for this offense from the President of the United States of America. Thereafter, in September 1983, Bradford’s application to the Solano County Sheriff’s office for a gun permit was denied upon the advice of the…