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ChrisO
04-22-2011, 5:31 PM
My brother in law was in a fight 10 years ago and was convicted of 245 (a) (1) a misdemeanor assault I guess. So it has now been over ten years since the conviction,he was restricted from owning a firearm for 10 years. Does he need to do anything before purchasing a firearm now? Since I know the DOJ lags. Basically he said he does not want to go in to buy a gun and look like a idiot if they deny him. Thanks in advance.

tonelar
04-22-2011, 5:43 PM
Can he contact the clerk at the court he was convicted in?

hawk1
04-22-2011, 5:44 PM
He can fill out this DOJ eligibility form and be notified in the mail.

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

stix213
04-22-2011, 5:46 PM
What hawk said ^^^

ChrisO
04-22-2011, 5:47 PM
How long does the eligibility form usually take to get back? I mean it shouldn't be a issue since it's been over 10 years but knowing the doj it will be.

hawk1
04-22-2011, 5:48 PM
Read the second page of that form. It say's;

DOJ will make every effort to process PFECs within 30 days, however, please allow 90 - 120 days for the processing
of your application. You will be notified via U.S. Mail

ChrisO
04-22-2011, 5:53 PM
Wow so a potential 150 days of waiting what kind of crap is that... Is there any way quicker than that? ...

hawk1
04-22-2011, 6:02 PM
Sure, buy a firearm. You'll know within 10 days...:D

But really, he has nothing to be ashamed of. Tell the dealer up front that he is past his 10 years and your not sure if DOJ is "up to date".

jtmkinsd
04-22-2011, 10:08 PM
Wow so a potential 150 days of waiting what kind of crap is that... Is there any way quicker than that? ...

He can move out of California in 1 day. :p

SVT-40
04-22-2011, 10:59 PM
245 (a) (1) PC is generally a felony. However it could be lowered to a misdemeanor. Here is the text of the section.

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.


He should send the DOJ a PFEC form. attached link below.

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

ChrisO
04-23-2011, 9:35 AM
It WAS lowered to a misdemeanor. Well seems like this is the only way to find out short of trying to buy a gun.