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team1320
01-08-2010, 1:23 AM
hello all,

my cousin asked me if i thought he could legally buy a handgun with a domestic violence reduced to a disturbing the peace.. i told him i wasn't sure so i figured what better place to ask.. can anyone chime in, or is there some way or site he can find out if he is ok to buy a firearm? any help would be appreciated.

P.S.

he want a pistol/shotgun for home defense.

smokingloon
01-08-2010, 1:31 AM
http://www.ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

The best way to find out is to fill out the Personal Firearms Eligibility Application.

bigwhitetruck
01-08-2010, 1:38 AM
Was your cousin ever convicted or sentenced? And if so, then with what? Depending on the conviction/sentencing and if he is currently on probation, he might not be able to purchase or even handle a firearm. He can do what is called a Personal Firearms Eligibility Check. This is done through the DOJ and it will tell him if he is able to purchase a firearm. All the answers on this program and a PDF version of the application can be found at: http://ag.ca.gov/firearms/pfecfaqs.php. Hope this helps.

AndrewMendez
01-08-2010, 1:40 AM
he may still have to get it expunged from his record, but they should have told him whether or not he will be able to legally be around them/ own them. Like Smokingloon suggested, pay the 20 bucks, and find out for sure. The only issue with that is it could take up to 120 days. Maybe it would be a better idea to find something you both like, so if his DROS Fails you can buy the gun to avoid the Restocking fees that he would have to pay. But remember, if he fails the DROS, you can not legally let him borrow it.

Jayruta
01-19-2010, 8:56 PM
I also have a good friend of mine whom is interested in purchasing a Rifle after taking him shooting last weekend. However about 2 years ago he was convicted of Felony possession of marijuana (Over misdemeanor amount), and he was interested in finding out weather he was able to buy a rifle now. Since then the charges have been expunged from his record and he can legally say he has not been convicted of a felony. he also is not on any probation, but he is unsure of whether he has recovered his right to possess a firearm. I have already printed out the PFECA form and given it to him. I was just wondering what you all think.

Casual Observer
01-19-2010, 9:06 PM
hello all,

my cousin asked me if i thought he could legally buy a handgun with a domestic violence reduced to a disturbing the peace.. i told him i wasn't sure so i figured what better place to ask.. can anyone chime in, or is there some way or site he can find out if he is ok to buy a firearm? any help would be appreciated.



I have a good friend that this happened to. Arrested for DV, but ultimately ended up pleading to disturbing the peace. Everything was fine as far as the conviction.

What got him though was the restraining order. A lot of courts will automatically impose one in a DV case, and you can't get a gun until that's cleared up.

GrizzlyGuy
01-20-2010, 7:33 AM
Disturbing the peace (PC 415 (http://law.onecle.com/california/penal/415.html)) is not a prohibiting offense, so he would be OK to purchase a gun. See DOJ's document that lists the prohibiting offenses, linked from the FAQ here:

How can I find out if I'm eligible to purchase or possess a firearm? (http://wiki.calgunsfoundation.org/index.php/FAQ#How_can_I_find_out_if_I.27m_eligible_to_purcha se_or_possess_a_firearm.3F)