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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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  #201  
Old 01-29-2013, 3:23 PM
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Originally Posted by Eddy's Shooting Sports View Post
This is starting to get bad. I only had a couple delays during the peak a few weeks ago, but now I have three active delays, one denial for a customer I know is gtg, who also has another DROS pending and here's the icing on the cake. Last week I got a "release after denial", before I ever received the denial. The guy I talked to at DOJ told me he had only seen four release after denial in seven years!
What is really strange is that my girlfriends dad bought a rifle the day after I did my transfer, at the same shop, and he just went and picked his rifle up a few hours ago. The DOJ must be lying about being backlogged.
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  #202  
Old 01-29-2013, 4:22 PM
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DROS'd a handgun on 1/18/13 from a fellow calgunner and picked up today without a hitch.
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  #203  
Old 01-30-2013, 9:27 AM
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Originally Posted by JDay View Post
What is really strange is that my girlfriends dad bought a rifle the day after I did my transfer, at the same shop, and he just went and picked his rifle up a few hours ago. The DOJ must be lying about being backlogged.
It definitely seems to be hit or miss on what they delay. There are people who are making multiple purchases in the same week, and some get delayed while others don't. It would be great if they would offer some assistance or post a "how to" in the FAQ section of the OAG website.
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  #204  
Old 01-30-2013, 10:17 AM
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Well I finally got through to someone at DOJ. They are claiming that they cannot even look at my file and that it could take 6 weeks or more to get this cleared up.
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  #205  
Old 01-30-2013, 10:48 AM
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Originally Posted by JDay View Post
What is really strange is that my girlfriends dad bought a rifle the day after I did my transfer, at the same shop, and he just went and picked his rifle up a few hours ago. The DOJ must be lying about being backlogged.
Is there evidence the delays/denials are connected to the model of the weapon being purchased?

Since handguns have to be entered into the DROS system for on-roster compliance, the minions at the DOJ have a way of knowing whether someone buys a handgun or long arm at the time of purchase. It wouldn't be unlikely for Ms Harris to have passed down a directive mandating increased scrutiny/automatic delays or denials for handgun purchases while "clearing" long arm purchases without incident.
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  #206  
Old 01-30-2013, 11:59 AM
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Is there evidence the delays/denials are connected to the model of the weapon being purchased?

Since handguns have to be entered into the DROS system for on-roster compliance, the minions at the DOJ have a way of knowing whether someone buys a handgun or long arm at the time of purchase. It wouldn't be unlikely for Ms Harris to have passed down a directive mandating increased scrutiny/automatic delays or denials for handgun purchases while "clearing" long arm purchases without incident.
I did a transfer of a lower receiver. All the DOJ saw on the DROS form was "Long Gun". They do not know what make/model I purchased. One of my friends and his wife also picked up their new pistols last week with no delay.
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  #207  
Old 01-30-2013, 12:05 PM
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this denial stuff sucks..in 2008 I was denied..never been arrested mind you..then approved..then 2 weeks after pickup was notified by FFL I was again denied and had to bring gun back to him..then 2 hours later called to say never mind youre ok...he said some type of mess up with my dros number and name...our DOJ is messed up something fierce..
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  #208  
Old 01-30-2013, 7:34 PM
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After all my tries and calling everyday to annoy them I get a call today I was cleared and went and got my cz75b. Longest 40 days of my life
You have obviously never had a pregnant wife.
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  #209  
Old 01-30-2013, 9:49 PM
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You have obviously never had a pregnant wife.
Actually married with 2 kids.
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  #210  
Old 01-30-2013, 10:07 PM
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The CA DOJ is about as efficient as a hummer,I thank god that I never had to deal with any delays,just recently I dros'd 4 long rifles,sure as heck I would be delayed,but by the grace of some higher power,I wasnt,which really shocked me.

I just wish california would adopt the instant background check,and if that clears,release the weapon on the spot as is the case in some other states.But,we all know that will never happen.To have to wait 10 days,then be told on day 9,sorry there is a delay is complete bull.

I have only 2 weapons left on my list,of course they are on everyones list at this point,so,I highly doubt I will get one anytime soon,I got all i could afford 2 weeks ago,they are home safe and sound,so,I am happy.
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  #211  
Old 01-30-2013, 10:14 PM
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I had to go through that recently, and it took something like a month and a half from the day I DROS'd my rifle, before I could bring her home.... and that was last summer :O
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  #212  
Old 01-31-2013, 10:49 AM
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Originally Posted by SilverTauron View Post
Is there evidence the delays/denials are connected to the model of the weapon being purchased?

Since handguns have to be entered into the DROS system for on-roster compliance, the minions at the DOJ have a way of knowing whether someone buys a handgun or long arm at the time of purchase. It wouldn't be unlikely for Ms Harris to have passed down a directive mandating increased scrutiny/automatic delays or denials for handgun purchases while "clearing" long arm purchases without incident.
Mine's just a lowly Ruger SR22, day 32 and counting. I would be more curious about the residence history of those breezing through versus getting delayed. Personally, I've lived in multiple states so I can understand having to receive info from outside of CA. The frustrating aspect of this BG system is that every time you file the check starts all over again. How much does that cost the taxpayers? And in states where I don't even pay local taxes anymore. Wouldn't it make more sense to store the last date cleared and only have to review from that date forward? I purchased my last gun in July 2012 so the only thing that should be an issue is the time since then. Am I missing something?
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  #213  
Old 01-31-2013, 11:52 AM
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I would be more curious about the residence history of those breezing through versus getting delayed.
I've lived in California my entire life.
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  #214  
Old 01-31-2013, 12:02 PM
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Wouldn't it make more sense to store the last date cleared and only have to review from that date forward?
And that is the reason CA DOJ won't do it. We can't be doing things that make sense around here, can we?
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  #215  
Old 01-31-2013, 6:41 PM
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I just purchased a Glock 30 and im supposed to pick up on the 9th im a little worried becaused of my juvenile record when I was 17yrs old back in 2000 I was arrested and charged with a felony. I spent 1 month in juvenile hall and the court had me transferred to the juvenile boot camp 6 month program. After completing the program I was released and after turning 18 I sealed my record so then in 2004 I purchased a shotgun from big5 and 4 days later they called me that I was denied. So then I call the DOJ and they said because I was adjudged a ward of the court when I was juvenile at the age of 17 I was prohibited until the age of 30. So now its been 2 months since my 30th birthday and am anxiously waiting out the 10 days for my Glock 30 but before I made the purchase I called DOJ again just to confirm and they asked for my DL# and asked if I was arrested since I turned 18 I said no I been on my best behavior or if I have any DUI's, drug addictions, suspended license etc, so my answer is no. Then the DOJ agent said im good to reapply for the purchase of a firearm so hopefully everything works our for the best.
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  #216  
Old 01-31-2013, 9:50 PM
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What should I do since I cannot get anyone at DOJ on the phone who has access to my file? There must be someway I can find out what the holdup is.
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  #217  
Old 01-31-2013, 10:05 PM
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What should I do since I cannot get anyone at DOJ on the phone who has access to my file? There must be someway I can find out what the holdup is.
When I called to inquire about my eligibility I had the same problem I just kept calling and hanging up on the automated system messages until I got to talk to someone..
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  #218  
Old 01-31-2013, 10:59 PM
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When I called to inquire about my eligibility I had the same problem I just kept calling and hanging up on the automated system messages until I got to talk to someone..
I did talk to someone. The person I talked to said they have no access to the system to see why I was delayed and that "hopefully in a few weeks the analysts will start answering the phones again so call back then". It is real annoying being delayed and not being able to find out why. How long ago did you call and did the person you spoke to give you any answers?

ETA: Nevermind, you haven't been delayed.
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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)
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  #219  
Old 01-31-2013, 11:53 PM
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I did talk to someone. The person I talked to said they have no access to the system to see why I was delayed and that "hopefully in a few weeks the analysts will start answering the phones again so call back then". It is real annoying being delayed and not being able to find out why. How long ago did you call and did the person you spoke to give you any answers?

ETA: Nevermind, you haven't been delayed.
I'm supposed to pick up my Glock 30 on the 9th so as of today I haven't heard anything so hopefully everything works out...
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  #220  
Old 02-01-2013, 6:57 AM
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What should I do since I cannot get anyone at DOJ on the phone who has access to my file? There must be someway I can find out what the holdup is.
It is almost worse to know what the hold up is. I spoke to them on December 12th and the lady who answered was able to tell me it was from an arrest in TN in 1995, and they could not see the disposition. I have since sent them the court docs saying it was dismissed, and early last week I had the courthouse in TN fax a copy directly from their office, and still nothing from CA DOJ. I have now spent hours if not days collecting information and having it sent to them in every way possible, just to get nowhere!
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  #221  
Old 02-01-2013, 8:29 AM
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I picked up my saiga yesterday with no issues. I honestly thought I would be delayed.

I have a past arrest that was expunged/sealed, so I am very surprised after reading some of the stories on here that I had no issues.

I put my social security number down on the DROS form, maybe that helps.
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  #222  
Old 02-01-2013, 10:34 AM
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I picked up my saiga yesterday with no issues. I honestly thought I would be delayed.

I have a past arrest that was expunged/sealed, so I am very surprised after reading some of the stories on here that I had no issues.

I put my social security number down on the DROS form, maybe that helps.
As has been said numerous times in this thread, putting your SSN on the 4473 is useless. It is not used by the DOJ. It just sits in store on that form. There is no SSN field on the DROS system.

The only time SSN is used, is for military personnel in lieu of a CA DL number. This is because the DROS system will not accept the new ten digit military ID numbers.


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  #223  
Old 02-01-2013, 2:43 PM
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Default Please read the whole thread

Are you reading from the very first post? If not please do so as it will help us all in the future. Forget about contacting them on the phone because this does not help, ( just my experience ) go ahead and do #2 to create a record of what is happening to you. Document all conversations you have with them with a name and time, etc,. If you are unsure if you can own a gun there is a form that all FFL's should have that you can fill out without any repercussions if you are denied. If in doubt do this first because it is a felony to try to buy a gun if you are not allowed, I am not saying that this is the case but it will be better in the long run if you have documentation from the DOJ that you are able to purchase a gun. If you have lived in Ca your entire life getting access to you history is easier than if you moved here. There are a lot of military guys and gals that come to Ca., from other areas that will have a harder time getting cleared to buy here, because it takes time to have records send to Ca.DOJ, not saying this is right it's just their BS we all have to jump thru. The most important thing I can tell you is that Brandon Combs wants to document every problem that we have with the Ca. DOJ and he needs all the support we can give him and the rest of the people helping as well. There are a lot of good people thru out Ca. that is going thru this with us and we need to stick together and keep records of all communication that you have with DOJ. Oh and by the way if you are in the military thank you for your service.
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  #224  
Old 02-01-2013, 3:12 PM
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Originally Posted by madsend81 View Post
And that is the reason CA DOJ won't do it. We can't be doing things that make sense around here, can we?
It would certainly appear to be the case, lol, not sure what I was thinking. Probably just a problem that I can think. Thankfully we aren't taxed on that, YET, lol
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  #225  
Old 02-01-2013, 7:54 PM
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I have been delayed since Jan 4th 2013, and have not been able to get a hold of DOJ for 3 weeks now.
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  #226  
Old 02-02-2013, 7:48 AM
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Well, I DROSed on Jan 16th and was delayed late on my 8th day. This was my first gun purchase so I started to worry and didn't know what to think.. I knew my record was clean so I gave CADOJ a call on the following Monday. Left a message and got a call back a few hours later from a Mike(DOJ rep). He said there was nothing he or I could do to speed up the delay and he couldn't say why I was on delay. He also said, if my FFL doesn't call me with a clear/go ahead in two weeks to give them a call back. So I found this thread and started read the horror stories of 80+ days and really no rhyme or reason for delays. Was going to just not worry for two week and forget about my gun.

On the Jan 31, I got a call from my FFL that I was cleared and I could come pick up my gun. I was very excited to say the least.. I guess my 10 day hold was more like a 15-16 day

For those on delay just give them some time. At least we know they are working on SOME.. So it's only a matter of time for your call
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  #227  
Old 02-02-2013, 8:05 AM
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I have been delayed since Jan 4th 2013, and have not been able to get a hold of DOJ for 3 weeks now.
Hangup and call right back when you get the recording.

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  #228  
Old 02-03-2013, 8:31 PM
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Purchased FNP-9 at Reno,NV.NV dealer send it to CA FFL dealer. As soon as gun arrived to my CA dealer i filled all paperwork and it was submitted January 2nd. January 11 got a call from dealer who inform that my application delayed and he can't release the gun to me. Called DOJ right away, (916) 227 3749 (denials and delays #)-got a recorded message that they will start answering the phone on January 14th. Called general DOJ line (916) 227 7527-talked to the lady,she said that she can't look up my application and can answer only "general questions". So since Jan 11 never heard back from anyone, denials and delays line is forwarded to "General Questions" #,and they can't give me any clear info. The worst part it that for last 3-4 days both of # are going to recorded messages and there is no person to talk with. So it's been a moth since i purchased my gun and i still can't get any info on what is going on and why it's delayed. I got a very rare Eastern European name and i put my full SSN on application to make it easy.Never been arrested,no parking tickets,no any reasons why i might have problems with handgun purchase. Very,very confusing.
P.S. Gun dealer keep saying that he can't do anything until DOJ will remove this delay.
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  #229  
Old 02-04-2013, 9:00 AM
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Hangup and call back when you get the recording. Someone will answer eventually. You get the recording when all reps are on the phone.

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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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  #230  
Old 02-04-2013, 9:15 AM
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Well I just got through to the main BOF line. The person who answered there is no more helpful than the person I talked to on the general line. She just told me "We are unable to give you a reason why at this time, when we release your firearm your dealer will call you". The person who answered wouldn't even give me their name.
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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)
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  #231  
Old 02-04-2013, 10:42 AM
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To ALL here in delay . . .

. . . I finally am on the path for a DOJ approval, since October 22, 2012 (105 days). I called the Records and Review Dept, then pressed "0" to get to a live person. I told them my story and I was transferred to a records analyst. After this I was transferred again to a supervisor, who transferred me to the person who delayed my file (I let the phone ring for several minutes until they finally picked up). I explained my case and change of disposition on a 1997 charge. She told me that she has seen the certified copy of the court order, but my file was put away and it needs to be pulled again. And since it had been over 30 days, they needed to do another background check. If nothing new shows within the passed 75 days, I will be approved (besides the 1997 thing, my record is squeaky clean). If I don't hear from her by tomorrow afternoon, call the dealer and go pick up my guns (yes, plural).

This took work and patience and this last conversation led me to believe two important things:

1. If you are in delay, your file is not be looked at and is being filed away until the frenzy dies down. I called them, faxed them and used a form to get my certified court order to them. Even having this information in hand, they are still too busy to get to cases like mine.

If you are in a situation where a court is involved; Have the court fax them, get a certified copy, mail them, and do a Live Scan. Even when your records are updated, this is not enough to get a release.

2. Be a squeaky wheel . . . Call, call, call. Write them, fax them . . . do what ever you can to get YOUR file in front of the person handling your DROS.

By tomorrow afternoon, I will be either approved or denied. Knowing there is NOTHING in my current status to deny my approval and she has the court ordered change in status, in hand, I feel like I made the best headway I've had since October 22, 2012.

PM me if you want more detail in what I did to finally get through to someone who makes the approval/denial decisions. If you are denied, you will at least know what you need to fix to be a non-prohibited person in the state of California.
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  #232  
Old 02-04-2013, 11:45 AM
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That's the problem-for last week i can't even reach a live person.And again-never been in trouble,no court involved.
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  #233  
Old 02-04-2013, 1:26 PM
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DROSed 1-26-13 bolt action rifle, got notified of delay 9th day (2/4/13)
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  #234  
Old 02-04-2013, 1:53 PM
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CalGuns Marketplace:


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***If you purchase this gun, be sure you can pass a DROS background check. If you pay me for the gun and cannot pass the background check, there will be no refunds. I will not be held responsible for your background.***
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PE card? LOL! Any green kid out of engineering school can get that with a few years of experience.
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  #235  
Old 02-04-2013, 2:24 PM
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Originally Posted by RED (Y) View Post
That's the problem-for last week i can't even reach a live person.And again-never been in trouble,no court involved.
Hang up and call right back when you get the message. Usually takes about 3-5 tries to get someone on the phone. However they are just going to tell you that they cannot tell you anything and that your FFL will call when your gun gets released. I'm on day 17 since I started my transfer and still haven't heard a thing. FFL told me they haven't heard anything either.
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  #236  
Old 02-04-2013, 2:28 PM
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This took work and patience and this last conversation led me to believe two important things:

1. If you are in delay, your file is not be looked at and is being filed away until the frenzy dies down. I called them, faxed them and used a form to get my certified court order to them. Even having this information in hand, they are still too busy to get to cases like mine.
If this is true I do not see how it can be legal

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2. Be a squeaky wheel . . . Call, call, call. Write them, fax them . . . do what ever you can to get YOUR file in front of the person handling your DROS.
I've been calling them daily and get the same generic response every time. I'm surprised you were able to get an answer out of them.
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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)
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  #237  
Old 02-04-2013, 2:33 PM
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After reading this page
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If a handgun purchase transaction is delayed by the DOJ, how does it affect the delivery within 30-days restriction?

The 30-day delivery restriction begins upon notification from the DOJ that the delay has been lifted and that the dealer is authorized to deliver the handgun. The firearms dealer must retain all notifications and correspondence.
Does it mean i can get a gun after 30 days of waiting from delay notice?

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If this is true I do not see how it can be legal



I've been calling them daily and get the same generic response every time. I'm surprised you were able to get an answer out of them.
Yeah,since last week it's only recording.Is there a secret number to call?

Last edited by RED (Y); 02-04-2013 at 2:36 PM..
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  #238  
Old 02-04-2013, 3:48 PM
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After reading
Yeah,since last week it's only recording.Is there a secret number to call?
Just hangup and call back every time you get the recording. Someone will pick up. They will be of no help though.
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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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  #239  
Old 02-04-2013, 3:50 PM
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I was calling all day long today-no luck.
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  #240  
Old 02-04-2013, 4:22 PM
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I was calling all day long today-no luck.
Strange, called 3 times and got through. That was around 10am.

916-227-3749

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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)
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