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View Full Version : purchase firearm with a pc 12031 ?


562Chicano
03-04-2010, 9:56 AM
I was just wondering if I can still purchase a firearm with a pc 12031 conviction. I never did any time or community serve just a finej,just placed on probation. But have read somewhere, if you were not to have a firearm during your probation( 3yrs) you cannot purchase a firearm again ( I guess its a disqualifier ?) just wondering ? This was about 15 years ago by the way. All helpful answers welcomed. Confuzed in California::confused:

PolishMike
03-04-2010, 10:08 AM
(7) A violation of this section which is punished by imprisonment
in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term exceeding
one year for the purposes of determining federal firearms
eligibility under Section 922(g)(1) of Title 18 of the United States
Code.

xxdabroxx
03-04-2010, 10:38 AM
You could always send in the firearms eligibility check form to the DOJ if polish's post does not make more sense to you than me.

POLICESTATE
03-04-2010, 10:44 AM
You could always send in the firearms eligibility check form to the DOJ if polish's post does not make more sense to you than me.

Agree with this, it will save you a restocking fee in case you get denied during a waiting period. However you should be fine, yours was a MISDEMEANOR conviction and not felony. IIRC the only misdemeanor convictions that can take away your right to own a firearm are related to domestic violence, though there might be a few others.

Also make sure you have no unpaid parking tickets, outstanding warrants etc...

xxdabroxx
03-04-2010, 10:52 AM
Agree with this, it will save you a restocking fee in case you get denied during a waiting period. However you should be fine, yours was a MISDEMEANOR conviction and not felony. IIRC the only misdemeanor convictions that can take away your right to own a firearm are related to domestic violence, though there might be a few others.

Also make sure you have no unpaid parking tickets, outstanding warrants etc...

I believe a CA ID gets around that one. Outstanding warrants however...

POLICESTATE
03-04-2010, 10:54 AM
I believe a CA ID gets around that one. Outstanding warrants however...

Well if you have CA ID but you also have unpaid parking tickets from when you had a CDL then they're still going to be in the computer, and DMV does link both records (CDL&CAID). Bastards.

Also I believe I read on here not that long ago someone was turned down because their car insurance company reported to DMV they had no insurance anymore and DOJ saw it and used it as a reason to deny, but I am highly suspicious of this.

reidnez
03-04-2010, 2:24 PM
Parking tickets will shoot down a handgun sale? Seriously? I have never heard that. I thought the only thing that is run by DMV is your address.

PolishMike
03-04-2010, 2:26 PM
Parking tickets will shoot down a handgun sale? Seriously? I have never heard that. I thought the only thing that is run by DMV is your address.

Unpaid tickets that turn into bench warrants = no go.

halifax
03-04-2010, 2:32 PM
Unpaid tickets that turn into bench warrants = no go.

= Fugitive from Justice

Strpd_Up_Brotha
03-04-2010, 2:44 PM
What about if your tickets are in collections???

Strpd_Up_Brotha
03-04-2010, 2:46 PM
cause they don't usually take you to jail for parking tickets....so if you haven't paid your tickets...you are a fugitive from justice??

xxsleepyxx
03-04-2010, 2:58 PM
What you say about my mama?

Strpd_Up_Brotha
03-04-2010, 3:34 PM
What you say about my mama?

:65: LOL!!!!

Blackhawk556
03-04-2010, 4:03 PM
i about a handgun about 3 weeks ago and i have an unpaid parking ticket from early last year and everything went fine. I was able to purchase my gun with no problem

halifax
03-04-2010, 6:51 PM
The parking ticket itself is not the problem. Letting it go to a bench warrant is.

BigDogatPlay
03-04-2010, 9:29 PM
What about if your tickets are in collections???

If there is a warrant in the system attached to those tickets, or they are reported to DMV as unpaid / outstanding, then it's a problem as I understand it.

MP301
03-04-2010, 11:03 PM
Uh....parking tickets are issued against a vehicle, not a person., Parking tickets can't go to warrant. If they are not paid, then you cant register your vehicle until you pay them, your can get towed/impounded, etc. Thats as far as it goes.

How are you going to arrest someone if they loaned their car to someone else, who then got a parking ticket and didnt tell owner?

Anwser....Your not.

Foriegn power
03-04-2010, 11:11 PM
12031, for the original poster may you please tell us about your incident of possessing gun, public place?

Strpd_Up_Brotha
03-05-2010, 9:17 AM
Thanx guys.......

joefreas
03-05-2010, 9:22 AM
I wish you could just pay speeding tickets like parking tickets without getting the points on your license. I would speed all the time-

GSequoia
03-05-2010, 9:27 AM
Also I believe I read on here not that long ago someone was turned down because their car insurance company reported to DMV they had no insurance anymore and DOJ saw it and used it as a reason to deny, but I am highly suspicious of this.

Did they use their auto registration as the secondary proof of residence? If you allow your insurance to lapse the DMV will suspend your registration. When I decided to part out and old vehicle I had I removed it from my insurance (since it would no longer be operated on public roads), within two weeks I got a demand letter from the DMV stating that they will suspend the registration if I don't resume insurance (of course I then replied by turning it into a non-operational registration).

Z ME FLY
03-05-2010, 9:29 AM
Did they use their auto registration as the secondary proof of residence? If you allow your insurance to lapse the DMV will suspend your registration. When I decided to part out and old vehicle I had I removed it from my insurance (since it would no longer be operated on public roads), within two weeks I got a demand letter from the DMV stating that they will suspend the registration if I don't resume insurance (of course I then replied by turning it into a non-operational registration).

Insurance can't be use as 2nd proof

GSequoia
03-05-2010, 9:31 AM
Insurance can't be use as 2nd proof

But your valid registration can. No insurance invalidates registration whether the paper says it's still good or not.

CSDGuy
03-05-2010, 9:40 AM
I was just wondering if I can still purchase a firearm with a pc 12031 conviction. I never did any time or community serve just a finej,just placed on probation. But have read somewhere, if you were not to have a firearm during your probation( 3yrs) you cannot purchase a firearm again ( I guess its a disqualifier ?) just wondering ? This was about 15 years ago by the way. All helpful answers welcomed. Confuzed in California::confused:
Look for PC 12031 in the misdemeanor list that prohibits possession of firearms. If it's not there and you've completed your probation... there should not be any prohibitions against you acquiring firearms. If you're really that concerned, do a PFEC on yourself. As long as you're not prohibited currently, the PFEC should show that.

Z ME FLY
03-05-2010, 9:41 AM
But your valid registration can. No insurance invalidates registration whether the paper says it's still good or not.

Correct you can use your car reg as 2nd proof. Just the way you worded things seems like you used the insurance. I reread it and I understood what you meant.

Best bet for the OP is fill out the COE form to make sure he can get a handgun.

r3dn3ck
03-05-2010, 12:05 PM
Perhaps some current experience will help: I have the exact same charge on my record. Loaded weapon in a vehicle in California. 15 years ago. Got a small fine, 3 yrs probation, and spent 4 days in the hoosecow thanks to it being July-4 weekend. I've bought a gun pretty much every 2 months since I came off probation. Never had a problem clearing the background check. My most recent purchases were a glock a shotgun and 2 rifles on the same day. I think you're ok.

If it was 15 years ago for you like it was for me and you got about the same slap on the wrist as I did, then you're plenty good to go. Don't even trip. If you did one of the other subsections, maybe.

halifax
03-05-2010, 1:14 PM
Uh....parking tickets are issued against a vehicle, not a person., Parking tickets can't go to warrant. If they are not paid, then you cant register your vehicle until you pay them, your can get towed/impounded, etc. Thats as far as it goes.

How are you going to arrest someone if they loaned their car to someone else, who then got a parking ticket and didnt tell owner?

Anwser....Your not.

Um, I had a friend who had numerous un-paid parking tickets from SF on a vehicle registered in his name. They sent notices to the registered owner. He ignored those also. Eventually, he was pulled over and arrested on a bench warrant because of those (at least, that is what he claimed).

You are right, parking tickets are issued against a vehicle, not a person, but vehicles do have a responsible person associated with them.