View Full Version : FFL Transfer Denial - Restoration of rights after misdemeanor
08-06-2008, 8:41 PM
When was this signed into law?
18 U.S.C. § 921(a)(33)(A)(ii); Title 27,478.11, 478.32.
See here http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=27:126.96.36.199.3&idno=27#27:188.8.131.52.184.108.40.206
Here's the section footer:
[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988, as amended by T.D. ATF–363, 60 FR 17451, Apr. 6, 1995; T.D. ATF–391, 62 FR 34639, June 27, 1997; T.D. ATF–401, 63 FR 35522, June 30, 1998; T.D. ATF–471, 67 FR 5425, Feb. 5, 2002]
What the hell does it mean?
08-06-2008, 8:58 PM
The problem I've run into is that I was arrested for something that didn't really happen. When I went to court I had to plea down to Disorderly Conduct because a. I didn't have the money to go to court and b. I was a kid and was scared and didn't know what to do. I was certain (via my attorney) that I would get convicted, whether they had evidence or not, and they would throw the book at me. So.....Disorderly Conduct. But now....FFL transfers are being denied. The charge was eight years ago this month. Now what? I've started the appeal process with LEO.GOV (FBI- I think). But the intern on the phone when I called the CA DOJ said, and said it very smugly, "BANNED FOR LIFE!". WTF? People get out of prison after murder and I can't get a gun after being at the losing end of an argument?
ANY HELP/IDEAS WOULD BE GREATLY APPRECIATED. I'm feeling pretty lost here.
08-06-2008, 9:14 PM
Your going to have to be more clear, you left a lot out.
Where were you convicted?
What section of the penal code were you convicted of?
Are you on probation?
Are you a felon?
What was the original charge?
What did you plead down too?
08-06-2008, 9:15 PM
I left a lot out for Anonymity's sake.
Where were you convicted? Orange County
What section of the penal code were you convicted of? 415(1) Disturbing the peace
Are you on probation? No, it was eight years go.
Are you a felon? No
What was the original charge? 273.5(a) - She hit me, I grabbed wrists, she called her mom, mom called police, police took me to jail. They couldn't even produce evidence in court.
What did you plead down too? 415(1) Disturbing the peace
08-06-2008, 9:30 PM
Could this be an Ex Post Facto issue? It looks to me like it was signed into law in 2002... but I could be wrong. That's why I'm asking for ideas... ;)
08-06-2008, 9:36 PM
Thats weird. Your not banned pursuant to PC 12021, I don't see a problem.
How many times have you been denied?
They might be seeing the 273 arrest as a conviction instead of a dismissal. If thats the case you have to mail DOJ a copy of your record to clear that up.
08-06-2008, 9:39 PM
Denied twice in two weeks. Those are my only transfers ever.
I don't get it either...but....what i've read is that because it's an element of the DV, that is the prohibitor. What that means though is that I'm guilty (of the original charge) even though I was never proven so. The plea is usually to get away from the original charge and not have to suffer those consequences.
These are the links I just read
http://www.loompanics.com/Articles/LegalFirearms.htm - First paragraph only...I think.
Thanks again for your replies...
08-06-2008, 9:41 PM
CA DOJ specifically read off the latter/lesser charge as the prohibitor.
08-07-2008, 2:11 PM
Well, I'm at a loss about it all, it doesn't make much sense to me. I could understand if I was convicted of actually doing something.
Anyway, I might need representation...or at least some paid for answers from an attorney.... Any ideas?
In the meantime, I'm waiting for NICS to do my appeal.
08-07-2008, 2:19 PM
Contact Chuck at TMLLP, http://trutanichmichel.com/modules.php?name=Content&pa=showpage&pid=45.
They specialize in that type of case and can probably help you.
08-07-2008, 2:21 PM
if you funds are short, you could do this all on your own. I opted not to go thru a lawyer myself and the process to correct DOJ worked for me.
If you haven't, get your Criminal History file from Cal. DOJ. This is the best place to start. This will help you see why Cal. DOJ is denying the transfer.
08-08-2008, 2:15 PM
I have my "record" but I didn't get it from them, I got it from my county. Also, I've requested the first step in the DOJ/NICS appeal. For some reason, CA said they wouldn't do it and that I needed to go through NICS/FBI. So, I wrote to them and I should be getting my first letter from them today. (I started two appeals). Hopefully I won't need the assistance of an attorney.
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