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View Full Version : Doj says im clear, does this mean federally as well


Loyaltyisgolden
06-11-2011, 10:24 PM
I called and gave my name and d.o.b and social security number and they said im clear. Now keep in mind I have just had my rights restored through my county court. I was denied before but I called now 2 weeks after having my rights restored and they say im clear. does this mean im really eligible federally as well? Or do they just look at a "state" data base? Any help is highly appreciated!

nagorb
06-11-2011, 10:30 PM
I called and gave my name and d.o.b and social security number and they said im clear. Now keep in mind I have just had my rights restored through my county court. I was denied before but I called now 2 weeks after having my rights restored and they say im clear. does this mean im really eligible federally as well? Or do they just look at a "state" data base? Any help is highly appreciated!

Not sure, but if you're good state wise I would think you would be good federally. I'm sure someone will come along and let you know for sure. You can always do this http://ag.ca.gov/firearms/pfecfaqs.php

nagorb
06-11-2011, 10:31 PM
Oh and welcome to calguns!

Loyaltyisgolden
06-11-2011, 10:34 PM
I was reading about nics, does doj have knowledge of that in their system if I was going to be denied? And thank you!

TKM
06-11-2011, 10:35 PM
http://www.tutornation.com/find_tutor/Search_Tutor_Online.asp?FormSubmit=Y&rdEmail=4&slSubject=105&slDiscipline=2

nagorb
06-11-2011, 10:45 PM
As far as I know if you fill out the PFEC and they say you're good, you're good. If you don't mind me asking, why were your rights revoked? It may help others to give you advice.

nagorb
06-11-2011, 10:46 PM
http://www.tutornation.com/find_tutor/Search_Tutor_Online.asp?FormSubmit=Y&rdEmail=4&slSubject=105&slDiscipline=2

Why would you post this?

1970msp
06-11-2011, 11:07 PM
If this is applicable to your circumstance,A Misdemeanor Crime of Domestic Violence or MCDV triggers a lifetime ban on your federal criminal record, you are still prevented from owning a firearm once your California ten-year ban is lifted.I believe this is accurate to my knowledge.

GrizzlyGuy
06-12-2011, 6:38 AM
See here from DOJ: What records are checked to determine the results of my PFEC? (http://ag.ca.gov/firearms/pfecfaqs.php#21)

The Department of Justice will check all relevant state and federal databases to determine whether you are lawfully permitted to possess/purchase firearms.

To be sure of your status, you should do a formal PFEC rather than just rely on the info you were given in the phone call.

bwiese
06-12-2011, 9:35 AM
Run the PFEC as above.

Do note that if you've had a misdemeanor crime of domestic violence in the past, enough time might expire that you're eligible for guns under CA law, but you'd have a LIFETIME ban under Fed law ("Lautenberg").

HowardW56
06-12-2011, 9:41 AM
I called and gave my name and d.o.b and social security number and they said im clear. Now keep in mind I have just had my rights restored through my county court. I was denied before but I called now 2 weeks after having my rights restored and they say im clear. does this mean im really eligible federally as well? Or do they just look at a "state" data base? Any help is highly appreciated!


I've never heard of DOJ responding to a telephone call like that. They have no way to verify who is actually calling...

If this were possible, why would they bother with a notarized form?

Cokebottle
06-12-2011, 10:02 AM
I've never heard of DOJ responding to a telephone call like that. They have no way to verify who is actually calling...
+1... Something fishy.

Loyaltyisgolden
06-12-2011, 4:36 PM
If I was a lifetime ban, wouldnt it show in the doj system?

BigBamBoo
06-12-2011, 4:46 PM
..........

Cokebottle
06-12-2011, 4:47 PM
If I was a lifetime ban, wouldnt it show in the doj system?
Yes, but you need to spend the $20 on the PFEC.
I don't know who you talked to over the phone, but a phone call is not a guaranteed verification that you'll clear DROS.

And if you are still prohibited, you do NOT want to attempt to purchase a firearm.

liketoshoot
06-12-2011, 4:52 PM
besides all that was said, when you SEND in the paper work you will get paperwork back that you can show to who ever you need, in other words, writen proof with names on it.

dantodd
06-12-2011, 6:03 PM
If I was a lifetime ban, wouldnt it show in the doj system?

Yes it would show in the system they use when you send in a PFEC. Since your check was via phone to a DoJ staffer no one knows what systems they checked. It is quite QUITE!! common for DoJ or BATF to give only information that is controlled by their jurisdiction and not look up additional info unless they specifically say they did, such as with the PFEC.

ElvenSoul
06-12-2011, 6:09 PM
Get it in Writing!

Loyaltyisgolden
06-13-2011, 4:01 PM
I called when I was denied the first time an they pulled up my info about being in mental hospital nut now tgey pull nothing up.

Loyaltyisgolden
06-13-2011, 4:02 PM
I mispelled but and they. Sorry. And thank you for all the help. I would like to fill out that self check but 120 days is a little extreme

anthonyca
06-13-2011, 4:09 PM
I mispelled but and they. Sorry. And thank you for all the help. I would like to fill out that self check but 120 days is a little extreme

It's a lot better than 10 years in federal prison if your still prohibited. To f with this and just fill out the damn PFEC!

Can I ask how you "had your rights restored"? This is not adding up.

bigcalidave
06-13-2011, 4:47 PM
You request it in court, a full dismissal, felony reduced to mis-d then dropped. It's possible, costs a lot of money usually. OP I think you should do the PFEC and deal with it, to be sure. Especially if you don't have a lawyer to ask. If you got your rights restored, I assume you HAVE a lawyer, and they can probably advise you :)

blazeaglory
06-13-2011, 5:05 PM
You request it in court, a full dismissal, felony reduced to mis-d then dropped. It's possible, costs a lot of money usually. OP I think you should do the PFEC and deal with it, to be sure. Especially if you don't have a lawyer to ask. If you got your rights restored, I assume you HAVE a lawyer, and they can probably advise you :)

it doesnt cost anything if you know how to file a motion.

file pc17b to reduce to a misdemeanor

file pc1203.4 to expunge a felony

oh and make sure you are off of probation and have paid all your fines and have otherwise been a good little angel

Cokebottle
06-13-2011, 6:33 PM
I mispelled but and they. Sorry. And thank you for all the help. I would like to fill out that self check but 120 days is a little extreme
It's a lot better than 10 years in federal prison if your still prohibited. To f with this and just fill out the damn PFEC!
This. Just fill out the freaking form and wait. You've waited perhaps 10 years, another couple of months is not going to kill you to be 100% sure that you are not prohibited.

Let me repeat....


IF the DOJ rep was not accurate and you are still prohibited on the state or federal level, attempting to purchase a firearm can get you into a LOT of trouble.
Can I ask how you "had your rights restored"? This is not adding up.
Sounds like it may have been a 5 or 10-year 5150-related (without the 5250) prohibition.

dirtyJ
06-13-2011, 9:19 PM
PFEC is not all inclusive. We've had two instances of PFEC's coming back clean and the individual still getting denied due to things in their background 30+ years ago. It's a very good indicator, but not 100%.

anthonyca
06-13-2011, 10:40 PM
PFEC is not all inclusive. We've had two instances of PFEC's coming back clean and the individual still getting denied due to things in their background 30+ years ago. It's a very good indicator, but not 100%.

This is interesting. Can you post more information?