Frawley

—On the basis of evidence that he possessed a rifle and a shotgun after having been convicted of a felony, defendant was charged with violating Penal Code section 12021, which makes it a felony for any such person to possess any firearm. The trial court dismissed the charge under section 995 on the ground that defendant could lawfully possess nonconcealable firearms by virtue of having obtained an order under section 1203.4 dismissing the prior conviction. The court held that because of an express reference to concealable firearms in section 1203.4, one who has obtained a dismissal of a prior conviction under that statute may possess nonconcealable firearms without violating section 12021. We hold that this was error, and reverse the order dismissing the charge.

Background

Defendant sustained a felony conviction in the early 1990’s. In August 1997 the court dismissed that conviction under section 1203.4. On April 23, 1999, the district attorney filed a six-count complaint in the instant matter charging defendant with (1) possession of methamphetamine for sale (Health & Saf. Code, § 11378); (2) maintaining a place for sale of controlled substances (Health & Saf. Code, §…