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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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#442
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DOJ HOLDS 2013
I JUST PURCHASED AN AR15 AND GOT A CALL A DAY B4 THAT IT WAS PUT ON HOLD. I HAD A CASE AN GOT IT DISMISSED. BEEN TRYING TO GET AHOLD OF THE DOJ RELIGIOUSLY AND NOTHING. I KNOW IT CANT BE "ITS THE QUANITY OF THEM BEING SOLD" CAUSE I HAVE A BUDDY WHO GOT 2 OF THEM AFTER ME AND NEITHER GOT PUT ON HOLD. HOW DO I FIND OUT THE INFO TO FIX THE PROBLEM!?? PLEASE HELP
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#443
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If you have not received a denial letter or been delayed during DROS. But you have been "notified" that you have been "flagged" only. Do you still fill out and report the "flagged" to http://calgunsfoundation.org/doj ?
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Stupid people are my job security. |
#444
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Sent from my SGH-T999 using Tapatalk 2
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#445
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Update:
77 days into my delay, I received a phone call around 3:30 yesterday from an agent in regards to an ema I sent to them early in January. This may be the route to go, even though it took 45+ days to hear from them. She was very nice, pulled my record and confirmed I was on delay for an arrest in 1995 in TN. She then went and spoke to the agent who has my file. She asked me to resend the disposition paperwork again and she would let her know it was coming. She did confirm that you can send supporting documentation, it does not have to come from the courts. She gave me her direct line and told me to call her directly if I have any other questions or concerns. Unfortunately, I am deployed to the east coast until this weekend, so I may not have an update until next week. I am trying to get my wife to email them to me. I will continue to update as I get info. |
#447
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Livescan won't tell you that...if it did, you wouldn't be delayed. You will need to get supporting documentation from the court saying that the charges were dismissed. Once you have that, you can dispute the Livescan (form to do so will come with it in the mail) and send the documents to DOJ as well. PM me for the fax number if you need it.
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#448
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I am not in DROS. I am not waiting on a gun. I'm not dealing with a FFL. I know I have been flagged by doj by being notified by the sheriff dept.
My question is dose this still qualify as a case that falls under the DROS denial criteria set forth in the op post #1 to fill out the form in the link in post #1.
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Stupid people are my job security. |
#449
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#451
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So I guess it doesn't depend...sorry. If you are looking to buy a gun, just try it and see. I would look for a shop that won't charge a restocking fee of you are denied or cancel due to delay. There are a lot of smaller shops that understand the current situation, and they also know they will not have a problem selling the gun (unless it is some ridiculous special order). Just ask them up front and take a shot...at least you will know for sure and go from there.
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#452
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DOJ doesn't care how long the delay is...
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#453
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It may. I say that because I have had the documents faxed a couple times and they asked me to send them again. They have one fax machine and if the agent with your file does not get the fax (I know her name and addressed it to her) then there is no telling if it will help. If you fax it, make sure you include your name a drivers license number on the cover sheet, as your DL # is how they look you up. Good luck, and keep us posted.
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#455
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You won't get anyone to give you any info now. I was delayed December 10th before things got out of hand. I was lucky enough to talk to someone then, but you won't get anywhere now. I would email them through the attorney general website and be very specific and polite (pretend to be understanding of their situation). A lot of the BOF agents are frustrated as well, and if you keep everything positive you will be a lot more likely to get help. Like I said, I now have a direct phone number and first and last name of an agent at BOF. It has taken nearly 3 months, but I am getting close. Stay positive...the wait sucks, but right now there is nothing we can do about it other than being a squeaky wheel in every way possible. Brandon and the Calguns Foundation will take care of the rest!
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#457
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I try. I want everyone here who is dealing with this to have every bit of info possible. I have never liked the whole "misery loves company" attitude. Being delayed sucks...especially with 16 years active duty, multiple tours in Iraq and Afghanistan, and an active top secret clearance. If the information I share helps even one person get their gun sooner (regardless of my situation) then the time spent posting was worth it. I try to look at the employees of the BOF the same way I do when I call a credit card company...the people we talk to dont make the rules, but they are stuck talking to us and "supporting" their leadership whether they agree or not...wait, this sounds like the military! Anyway, I will continue to update as I learn anything new! Good luck to everyone!
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#459
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Who here has done the Live Scan and received their records? The status on mine has been "mailed" since Friday and I have yet to receive anything.
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#461
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Quote:
Sent from my SGH-T999 using Tapatalk 2
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#463
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Update:
I finally received the call I have been waiting for. I had my wife fax the documents this morning, and then I called the lady I spoke with yesterday to let her know I faxed them. I just received a call from the person who has my file and she said she has released my rifle! So, if you do one thing, please email the BOF through the OAG website. That is what got me in direct contact with someone who was willing to help. You need to know what your delay is and have the supporting documentation ready to send when they call. It has been a long 3 months, but I finally made it. Thank you to everyone who has helped me to this point, and I will still be on here to help anyone else who wants it. PM is best. Thank you, and good luck everyone! Last edited by cuat_420; 02-26-2013 at 3:51 PM.. |
#464
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#465
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Quote:
Sent from my SGH-T999 using Tapatalk 2
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#466
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Not yet. I have the release letter from the FFL and I talked to them yesterday as well confirming I was good to go. I am deployed to the east coast until Friday, so I will have it my hands Friday afternoon!
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#468
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Awesome news! Congratulations on surviving the system, lol.
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#469
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I got a call from DOJ just now. They acknowledged they had received my paper work by fax (I sent) and it would be reviewed. They said my last DROS for the handgun 'slipped through' so I was lucky.
Last edited by SkyHawk; 04-29-2020 at 2:04 PM.. |
#470
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Felony turned misdemeanor & rights restored in AZ not good in CA?
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Today I finally got a hold of Justin at DOJ after getting nowhere with Sherri and Ryan last week. He looked at my records to tell me the following: I was denied on a handgun and rifle last week as a result of a felony in AZ back in 2004. After a denial in 2010 I went through the AZ courts per the instruction of DOJ to ensure it was reduced to a misdemeanor and also had my civil rights restored including right to possess firearms. I then successfully purchased two guns without incident (Yay for me right?)...no. I have now been denied by the deputy attorney general that pursuant to 67-100 CA does not recognize AZ's reinstatement of civil rights and doesn't care that it is now a misdemeanor that since it was once a felony my rights in CA have not been restored. Justin advised my only recourse would be to request a governor's pardon from AZ. I contacted the Arizona Board of Executive Clemency to find that pardons are only granted for felonies to which I no longer have. So it would appear that as it stands I am in some purgatory state having a misdemeanor and no chance for pardon. It was only at the instruction from DOJ that I followed that route in the first place and they even granted 2 guns since I jumped through those hoops! Is there anything that I can do short of moving out of state (even though it is in the cards)? Confused in Commufornia |
#471
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And what is this 67-100 you speak of? All I could find was a class action case involving a concert. http://law.justia.com/cases/californ...3d/67/100.html
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#472
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As to the 67-100 I was just writing down what Justin rattled off in his reading of the notes on the deputy AGs decision in my file. I can't find anything on it either and am having an attorney friend try to find something on it...He also rattled off 3.4 17.b but then it sounded like his final decision was off opinion 67-100 (whatany of the meant relative to my situation is unknown). I was so caught off guard by what was coming out of his mouth that my notes were less than desirable... |
#473
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You could try calling if you want. (800) 556-2109
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Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#474
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Last edited by SkyHawk; 03-11-2013 at 11:16 AM.. |
#475
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Thanks in advance! |
#476
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Not sure where you are located, but in Norcal this is my guy.
Mr. Adam J. Richards Rothschild Wishek·& Sands LLP 901 F Street, Suite 200 Sacramento, California, 95814 (916) 444-9845 (916) 444-2768 (Facsimile) PS - Here is the attorney list from CalGuns: http://www.calgunsfoundation.org/get...rt-ca-doj.html PSS - a reminder to all to please donate to CalGuns Foundation, they are looking out for us: http://www.calgunsfoundation.org/donate.html Last edited by SkyHawk; 03-11-2013 at 11:14 AM.. |
#477
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Thanks Skyhawk.
I will contact him. I am in central CA so that might be close enough. Glad to hear your situation should work out well for you. Thanks again for the information. PS - I made a donation yesterday as I am so thankful to have these guys working on our side. The good guys shouldn't be denied their freedom! |
#478
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So I called today around 5:00pm and had Justin answer the phone on the second ring. I told him I was calling about a delay, he asked for my drivers liscense and he told me that I was ok but there was a problem with the gun they are trying to clear up. He couldnt tell me what the problem was but I talked to the person I bought the gun from and he claims to be the original owner of the gun, he bought it in 2005. Its been almost 2 months now.
Could this be that the FFL typed in the wrong serial number into the DROS form? btw, this is the first time anyone from the DOJ has actually given my ANY information whatsover, I have called several times a week since the beginning of January. |
#479
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Quote:
Sent from my SGH-T999 using Tapatalk 2
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
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