People v. Bray

Facts

D plead guilty to being an accessory after the fact. D was granted probation. D had no previous record and was unwilling to participate in the crime but had gotten involved by driving a friend away from the scene. D was placed on two years summary probation which he successfully completed before moving to California in 1971. D filled out an application to vote. D was allowed to vote. D then applied for a part-time job as a guard. D explained the circumstances surrounding his arrest and period of probation. In September, he received a notice from the Bureau of Collection and Investigative Services that he had been registered as a guard or patrolman. D then bought a .38 caliber revolver from a pawn shop to use in guard assignments requiring an armed patrolman. D stated on the form he had not been convicted of a felony; on another he said he had not been convicted of a crime with a punishment of more than one year. After the statutory five-day waiting period, the gun was delivered to him. On an application for a job as a contract compliance investigator when asked whether he had been convicted of a felony or misdemeanor, D answered with a '?'. He again explained the circumstances surrounding his arrest and the sentence he received. D also filled out job applications for positions as an audio-visual technician and as an eligibility worker I. In each instance, he stated that he had been convicted of a 'felony or misdemeanor;' and in each instance, he explained his arrest and sentence. Two investigators conducted a search with a warrant of D's house and car. D voluntarily led the investigators to a closet where he kept the .38 and a .22 pistol. D was charged with two counts of possession of a firearm by a felon. He was convicted of falsifying his record by not listing his conviction for the prior felony of being an accessory to a crime. D appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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