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View Full Version : Is my local DA correct on my gun ban?


mag88
02-06-2012, 12:02 PM
Ok so here's my story, last April I attempted to buy a Ruger SR9c from a local dealer and was denied. After calling the 1-800 number that was given to me by the gun dealer I was informed that since I was convicted of possession of marijuana I was considered by the federal government to be a drug addict and was not allowed to purchase a gun for a year, which ended last August. I did not know my convition was going to affect me but never the less I made a mistake and paid for it. So last December since my ban was up I bought a Mossberg from Big 5 and was cleared no problem. I was planning on getting the Ruger later on this year since I figured I was good to go. But about two weeks ago I got a call from my local DAs office concerning my failed purchase of the SR9c back in April stating all gun purchases that are denied get the info sent to them from the gun dealer. I did question him a bit because I wanted to be sure before elaborating which I believe made him mad but I didn't want to be giving out private information without making sure I was really talking with someone from the DA and not a random person trying to get information. On top of questioning the gun purchase I was asked if I worked for a law enforcement agency currently because my info came back as law enforcement? Which I have never been a law enforcement agent ever in my life. At the end of the conversation I was asked if I was charged with a felony to which I responded I was only charged with a misdameanor and at no point was I ever facing felony charged. The DA worker then told me federal law states anytime the person faces a crime where they COULD have been charged with a felony they are not allowed to ever buy a firearm so I was banned for life from owning a firearm. To me he seemed incompetent and uninformed for what he was telling me especially since the federal government told me I was ok after August to buy firearms and I successfully bought a shotgun already. But I don't want to try and get a handgun and be denied again since I was told by the DAs office to not even try to. So I'm hoping I can get people's opinion on this matter if the DAs office was correct on my lifetime ban or if the person was just misinformed and uneducated on the subject. Thank you in advance.

winnre
02-06-2012, 12:05 PM
The DA phoned you? Sounds more like a practical joke.

mag360
02-06-2012, 12:19 PM
if the DA really thought you were in possession of a gun illegally they wouldn't hesitate to bust your door in with a swat team for the hell of it and a chance to pad their arrest statistics of crime guns.

LHC30
02-06-2012, 12:23 PM
I would be very suspicious of an unsolicited call from someone claiming to be from the DA's office. It is unlikely they investigate these matters independent of a case brought by a local agency. The DA's office has investigators who are police, but this type of call seems strange.
I would go or call the DA's office and confirm they did indeed call you!!

Lives_In_Fresno
02-06-2012, 12:28 PM
I'm with winnre in a way, and wonder how you verified that the person on the other end of the line was who they said they were.

If they really want to talk with you, I would assume that it would start with an official letter.

What was the point of their call? To tell you to never try to ever buy a handgun again?

You passed the DOJ check...Seems to me that you are fine. I doubt that the prosecutor being ABLE to charge you with a felony is the bar...charging what they have evidence to prove, and actually getting the conviction on that charge is probably the key.

Did he say what would happen if you tried again?

robcoe
02-06-2012, 12:37 PM
The DA worker then told me federal law states anytime the person faces a crime where they COULD have been charged with a felony they are not allowed to ever buy a firearm

Unless someone can point me to the actual law I am going to say that person was full of **** here.

I would also agree with the above posters saying call the local DA office and find out if it was a real call from them, and find out if it was official or if one of their employees is a Brady member and decided to use the information they have access to to make some off the books FUD phonecalls.

Did you get their name and the phone number they called from? that would be the first thing I check.

mag88
02-06-2012, 1:06 PM
Well I work for the county and the number that popped up was a county phone line so that's what made me believe it more since DA would pop up with the same generic number. Since I was at work I did get his number and called him back on it after I got off of work. I just basically asked the caller what the paperwork said and told him just go by whatever it said, he knew the date and location of my purchase as well. I just informed him and I was unaware I would be barred for a certain amount of time it was a big mistake on my part. Then I just listened to his rant on me and tell me I was banned for life, I really felt he was just making bs calls probaly to follow up on info and just felt like he was able to take a power trip on me. I was not told what would happen if I tried again just told not to try anymore because I have a lifetime ban and that was it.

a1c
02-06-2012, 1:46 PM
Probably an investigator from the DA's office, but you need to find out in writing what all this means.

Investigators are NOT attorneys. Like LEOs, they don't always know the law as well, and can say things that don't exactly match up. They don't do the charging, they don't do the prosecuting.

You need to get an attorney to talk to the DA's office. A DA will not talk to you directly.

Shellshocker66
02-06-2012, 1:51 PM
I think if you purchased a shotgun without problems and no one has come knocking on your door that this "call" was kinda fishy.

Now of course we know that DoJ is not always perfect and maybe you did get the shotgun by mistake. Should of had the DA telling you to turn it in or they would come get it. Did he mention what to do with this shotgun you are "denied for lifetime from owning"?

For your own peace of mind if you are worried instead of calling someone, just fill out the personal eligibility form and find out in 6-8 weeks if you are prohibited or not.
http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

taperxz
02-06-2012, 2:01 PM
This new poster is either not telling the whole truth, being completely scammed by friends or foes as a practical joke or.......

http://i857.photobucket.com/albums/ab131/taperx/troll.jpg

REPR
02-06-2012, 2:06 PM
Well I work for the county and the number that popped up was a county phone line so that's what made me believe it more since DA would pop up with the same generic number. Since I was at work I did get his number and called him back on it after I got off of work. I just basically asked the caller what the paperwork said and told him just go by whatever it said, he knew the date and location of my purchase as well. I just informed him and I was unaware I would be barred for a certain amount of time it was a big mistake on my part. Then I just listened to his rant on me and tell me I was banned for life, I really felt he was just making bs calls probaly to follow up on info and just felt like he was able to take a power trip on me. I was not told what would happen if I tried again just told not to try anymore because I have a lifetime ban and that was it.

Honestly it sounds like someone pulling a fast one on you, or you on us. Correct step(which should have been the first step) from here is request an appointment at the DA's office to discuss this matter. If they are adamant about not meeting then it's an imposter. You can get a hold of personal details and use a county line, but it's quite difficult to fake a meeting at the DA's office. Another route is to register a complaint with your local leo's. Tell them you think someone representing the DA has contacted you but you believe it was an imposter. Provide them with the number and details of the encounter. A friend had an encounter like this once, showed up at the Sheriffs office and asked to speak with the person he had been contacted by. Well the man who had been calling was actually a female deputy and had no clue what he was refering to. Turned out to be his gf not wanting him to have a gun. She had her cousin call from his county phoneline(light and power department) and pull something like this.

taperxz
02-06-2012, 2:10 PM
Honestly it sounds like someone pulling a fast one on you, or you on us. Correct step(which should have been the first step) from here is request an appointment at the DA's office to discuss this matter. If they are adamant about not meeting then it's an imposter. You can get a hold of personal details and use a county line, but it's quite difficult to fake a meeting at the DA's office. Another route is to register a complaint with your local leo's. Tell them you think someone representing the DA has contacted you but you believe it was an imposter. Provide them with the number and details of the encounter. A friend had an encounter like this once, showed up at the Sheriffs office and asked to speak with the person he had been contacted by. Well the man who had been calling was actually a female deputy and had no clue what he was refering to. Turned out to be his gf not wanting him to have a gun. She had her cousin call from his county phoneline(light and power department) and pull something like this.

Don't do any of this^^^^

Fill out this and send it in....
Personal Firearms Eligibility Check Application,

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf

OleCuss
02-06-2012, 2:16 PM
^^^^This^^^^

kotetu
02-06-2012, 2:24 PM
...about two weeks ago I got a call from my local DAs office ... I did question him a bit because I wanted to be sure before elaborating which I believe made him mad but I didn't want to be giving out private information without making sure I was really talking with someone from the DA and not a random person trying to get information...

1) Always assume anyone who calls you claiming to be in any way associated with any account you hold, or in a position to know your private data is not who they say they are.

2) If you do receive such a call, take the person's name, company name, and number and tell him or her you will call back. Do not provide them with any personal information - no matter what. Do not call the number you take down. Instead, find the number on the back of your credit card, or the number provided by the official website for said orgainization, and call that number.

3) Talk to an official rep - tell them about the call. Ask them if it was legitimate. If yes, handle. If no, report the fraudulent call with all data you have.

Curtis
02-06-2012, 6:00 PM
Since the start of caller ID, every call I have received from a DA, police department, or LE investigator has been blocked. If you caller ID showed a number, that would be a sign it was not related to any of the above.

Jack L
02-06-2012, 6:36 PM
[QUOTE=Shellshocker66;7986909]I think if you purchased a shotgun without problems and no one has come knocking on your door that this "call" was kinda fishy.

Now of course we know that DoJ is not always perfect and maybe you did get the shotgun by mistake. Should of had the DA telling you to turn it in or they would come get it. Did he mention what to do with this shotgun you are "denied for lifetime from owning"?

For your own peace of mind if you are worried instead of calling someone, just fill out the personal eligibility form and find out in 6-8 weeks if you are prohibited or not.
http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf[/QUOTE

^^^^ THIS ^^^^

huntercf
02-06-2012, 7:54 PM
Whoever you talked to is spreading FUD, the lifetime ban for possibly being charged with a felony OR even being charged with a felony and the disposition is not guilty or guilty of a misdemeanor (unless DV or weapons violation) does not bar you from buying a firearm.

stitchnicklas
02-06-2012, 9:22 PM
For your own peace of mind if you are worried instead of calling someone, just fill out the personal eligibility form and find out in 6-8 weeks if you are prohibited or not.
http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

^^^^^^^^^^^^^^^^^^^^^^^^
this...

screw that d.a.

Paul S
02-06-2012, 9:34 PM
We now have 17 posts dealing with the OP. OP has not yet reappeared. Any
one of hundreds of reason for that...but color me skeptical. I spent 33 years in law enforcement and I have never, ever known a D.A. or an A.D.A. to behave in that manner while allegedly conducting business via the phone.

mag88
02-07-2012, 9:43 AM
I was surprized at the manner I was being talked to and told about this "ban" and I didn't believe it was true. But me having been denied once before and having the gun shop keep all of my money I wanted to make sure it sounded bs before deciding which route to take. I didn't mention my shotgun at all as if I was getting lectured on a permanent gun ban I wouldn't want to have that taken away in light of this.. thank you all for your responses I believe that I should be ok to purchase a handgun hopefully soon.

rp55
02-07-2012, 10:08 AM
Unless someone can point me to the actual law I am going to say that person was full of **** here.


Not BS. Read it here on the FBI NICs appeal page (http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng).

I do not want to apply this to the OPs comments as I understand this is not a problem in CA but there is a Federal case out of Georgia, supported by the NRA, currently working it's way through the legal system.

The problem is this. The actual wording of 18, U.S.C. 922 (http://codes.lp.findlaw.com/uscode/18/I/44/922) is has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one
year Note well that the words felony or misdemeanor do not appear in the law.

The problem arises where some states, notably Georgia in this case, have crimes that are misdemeanors that can be punishable by more than one year in prison. Again, this should not be a problem in CA. As I understand it the case originated when a man tried to buy a shotgun and was denied. he looked to find out why and it was because he had an assault conviction dating back to the early 1960's or so. He got 90 days or something *BUT* because Georgia law allows some assaults to punished by more than a year in prison (up to 2 as I recall) he was denied and was denied on appeal and took it to court. This can also be a problem for people who got busted for pot in New York back in the day under Nelson Rockefeller.

edwardm
02-07-2012, 10:29 AM
Not BS. Read it here on the FBI NICs appeal page (http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng).

I do not want to apply this to the OPs comments as I understand this is not a problem in CA but there is a Federal case out of Georgia, supported by the NRA, currently working it's way through the legal system.

The problem is this. The actual wording of 18, U.S.C. 922 (http://codes.lp.findlaw.com/uscode/18/I/44/922) is has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one
year Note well that the words felony or misdemeanor do not appear in the law.

The problem arises where some states, notably Georgia in this case, have crimes that are misdemeanors that can be punishable by more than one year in prison. Again, this should not be a problem in CA. As I understand it the case originated when a man tried to buy a shotgun and was denied. he looked to find out why and it was because he had an assault conviction dating back to the early 1960's or so. He got 90 days or something *BUT* because Georgia law allows some assaults to punished by more than a year in prison (up to 2 as I recall) he was denied and was denied on appeal and took it to court. This can also be a problem for people who got busted for pot in New York back in the day under Nelson Rockefeller.

The case you're talking about is Schrader, and the old offense wasn't in Georgia. The underlying misdemeanor at issue was committed in Maryland, in the 60's, and at that time the Maryland statute did not specify a maximum sentence for misdemeanor assault & battery.

Schrader's punishment: a $100 fine and $9 in court costs. Fast-forward to 2008, and he's denied a shotgun gift and a handgun purchase, due to the wording of the Federal statute. So, he sues in D.C. Federal District Court (Schrader v Holder) and, not unexpectedly, loses.

This now moves on to the D.C. Circuit Court of Appeals. Fortunately, Gura is on this one, and I think the CoA will rule favorably for us.

Also, some statutory nitpicking. While the language you cite in 18 USC 922 is correct, there are precursor definitions in 18 USC 921 that alleviate some confusion, specifically at 18 USC 921(a)(20)(B):

(20) The term "crime punishable by imprisonment for a term
exceeding one year" does not include -
(A) ...

(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.

Since Maryland did not state a maximum sentence for misdemeanor A&B, Schrader could not avail himself of the definition in 18 USC 921.

Shellshocker66
02-07-2012, 12:02 PM
Well I work for the county and the number that popped up was a county phone line so that's what made me believe it more since DA would pop up with the same generic number. Since I was at work I did get his number and called him back on it after I got off of work. I just basically asked the caller what the paperwork said and told him just go by whatever it said, he knew the date and location of my purchase as well. I just informed him and I was unaware I would be barred for a certain amount of time it was a big mistake on my part. Then I just listened to his rant on me and tell me I was banned for life, I really felt he was just making bs calls probaly to follow up on info and just felt like he was able to take a power trip on me. I was not told what would happen if I tried again just told not to try anymore because I have a lifetime ban and that was it.

I was surprized at the manner I was being talked to and told about this "ban" and I didn't believe it was true. But me having been denied once before and having the gun shop keep all of my money I wanted to make sure it sounded bs before deciding which route to take. I didn't mention my shotgun at all as if I was getting lectured on a permanent gun ban I wouldn't want to have that taken away in light of this.. thank you all for your responses I believe that I should be ok to purchase a handgun hopefully soon.

Still need to clarify a few things here. The guy called you and knows the date and location of your gun purchase (I'm going to assume you mean the first denial) but doesn't know anything about the shotgun?

Like I said for your own peace of mind use the eligibility link I have posted above and check your status. If you are banned from owning a firearm it would be better for you to find out beforehand before attempting to purchase another. If you do find out your not legal, then at the minimum you have the option to sell the shotgun and be legal.

It's better to be safe then sorry and with a paper trail you then have written proof you are safe and legal. Don't rely on a forum or some ADA's phone call or even a call to DoJ.

ewarmour
02-07-2012, 12:14 PM
The DA phoned you? Sounds more like a practical joke.

No kidding. Go buy your gun.

disturbed1
02-07-2012, 1:45 PM
its gotta be a joke or misinformed DA. I was convicted of a felony and dropped to a misdemeanor and I mave purchase a gun on my birthday this october. So, I cant wait to have to wait ten days to hold my first 1911 handgun. but you should be fine as long your probation is over.

vincewarde
02-08-2012, 7:37 AM
One thing does make sense - the DA knowing about a denied attempted purchase. I am friends with an FFL who is well up on the state laws and not a source of FUD. Several years ago he told me that the DAs in this county want to review every denied purchase for possible prosecution. This is not to say they will prosecute any particular case - indeed they may not prosecute anyone - but they do want to be notified.

snobord99
02-08-2012, 8:48 AM
BS. I did research on this issue a while ago so I don't remember specific cases, but I do remember the case law. Basically, when it comes to a federal felony ban, whether it's a felony for ban purposes depends on how the state treats the offense. Just because something is punishable by more than one year in prison/jail or can be charged as a felony doesn't make it an offense that would subject you to a lifetime ban.

For example, in CA we have a lot of wobblers (crimes that can be charged as either a felony or misdemeanor). If the state only charges you with a misdo, then there wouldn't be a federal ban as it was treated as a misdemeanor and you couldn't have been imprisoned for more than a year despite the Penal Code technically allowing the possibility.

blazeaglory
02-08-2012, 6:35 PM
Either way just get your misdemeanor or felony expunged and move to a state that allows non violent felons with their rights restored to purchase guns. Sorry CA is not one of those states. The FED allows certain felons with their rights restored the ability to purchase a gun but some states DO NOT.

Ive never heard of a year ban for a misdemeanor for possession of marijuana. That sounds fishy to me.

Just send in the form to check your status to the DOJ and expunge any problems on your record to be safe. Then my advice would be to MOVE

a1c
02-08-2012, 6:45 PM
Since the start of caller ID, every call I have received from a DA, police department, or LE investigator has been blocked. If you caller ID showed a number, that would be a sign it was not related to any of the above.

I know for a fact that it is not true of all DA offices. Some of them show as "County of X" or "X County" when someone calls from there.

But that's irrelevant. No self-respecting DA would do this. If that came indeed from the DA's office, it might be an investigator. Even so, that's iffy.

taperx gave the right advice already. That's all the OP needs to do.