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View Full Version : CA LICENSE SUSPENED=DOJ DENIAL


soldierboy
02-14-2012, 5:21 PM
I traveled all the way down to Orange County from Modesto to do a PPT on a Draco I've been wanting. Originaly we were suppose to do the transfer at Riflegear but they were out of answer sheats for their HSC test and had to get them from the DOJ because someone accidently forgot to copy the last one, honest mistake and I dont hold it agains them at all. So we went to a nearby Turners and did the tranfer their. I used my CA drivers license as ID to do the transfer and today I receive a call from Turners saying the DOJ rejected my application because my drivers license is suspended. I dont see what my driving privelages have to do with purchasing a firearm, seems like a bull**** tactic. Just ranting but thought other people should know incase anyone is in a similar situation. Now I have to travel back down and and start the process all over again after I apply and receive a CA identification card. Hmm... Maybe I should just let my wife put it in her name.

SFgiants105
02-14-2012, 5:24 PM
That sucks. I think that the wife thing should work.

gl0ckc0ma
02-14-2012, 5:34 PM
This was touched on a few days ago, I think it means the DL is invalid to use since its suspended. If you have a valid ID use that, or a passport and something to verify address.

You might want to check if you have a warrant for your arrest for the unpaid ticket that caused your suspension, if that was the case. If you have a warrant then you will be denied until you fix it, obviously.

soldierboy
02-14-2012, 6:20 PM
This was touched on a few days ago, I think it means the DL is invalid to use since its suspended. If you have a valid ID use that, or a passport and something to verify address.

You might want to check if you have a warrant for your arrest for the unpaid ticket that caused your suspension, if that was the case. If you have a warrant then you will be denied until you fix it, obviously.

good point, I didnt even think about that. Was just gona get a CA id card and go back down there. If i do have a warrant then it makes perfec sense, but I dont think I do have been stopped 3 or 4 times (as a passenger) and I usually get pretty lippy and school ignorant LEOs who think they work out of the Reichstag and demand I identify myself, (I have nothing against honest and polite LEOs) Im sure if they had an excuse to take me in they would of.


This was touched on a few days ago, I think it means the DL is invalid to use since its suspended. If you have a valid ID use that, or a passport and something to verify address.


soldierboy: was your license "only" suspended or had you applied and received a restricted license?

I started a thread on the similar subject and am wondering if there is any difference between a suspension and a license that was suspended then granted restricted status..?

gl0ck0ma: Can one use a passport and proof(s) of residency to purchase a long gun?

:confused:

suspended for sure

Librarian
02-14-2012, 6:31 PM
DOJ FAQ says What identification is required for a person to purchase a firearm?

Clear evidence of identity and age is defined as a valid California driver's license or a valid California Identification Card issued by the DMV. Military identification is also acceptable if accompanied by permanent duty station orders indicating a posting in California, but the dealer must retain copies of both documents.

Temporary driver licenses and temporary identification cards (issued without photo) are not accepted forms of proof of identity and age.

(PC section 12071(c)(1))
Now PC 16400 (http://law.onecle.com/california/penal/16400.html) As used in this part, "clear evidence of the person's
identity and age" means either of the following:
(a) A valid California driver's license.
(b) A valid California identification card issued by the
Department of Motor Vehicles.


VC 310 says 310. A "driver's license" is a valid license to drive the type of
motor vehicle or combination of vehicles for which a person is
licensed under this code or by a foreign jurisdiction.

VC also says 13551. (a) Whenever the department revokes or suspends the
privilege of any person to operate a motor vehicle, the revocation or
suspension shall apply to all driver's licenses held by that person,
and, unless previously surrendered to the court, all of those
licenses shall be surrendered to the department, or, pursuant to
Section 13388, 23612, or 13382, to a peace officer on behalf of the
department. Whenever the department cancels a driver's license, the
license shall be surrendered to the department. All suspended
licenses shall be retained by the department. The department shall
return the license to the licensee, or may issue the person a new
license upon the expiration of the period of suspension or
revocation, if the person is otherwise eligible for a driver's
license.

If your license is suspended, you cannot drive. According to 13551, looks like a person should not even have a physical drivers license if that license is suspended.

If you cannot drive, your license is not valid.

PC requires a valid license or identification card.

Apocalypsenerd
02-15-2012, 11:13 AM
I'm guessing there's good cause for an unprofitable but successful lawsuit somewhere in there. Passports should be allowable.

glockwise2000
02-15-2012, 11:19 AM
Couldn't a CA ID be sufficient enough as a proof of identification. I don't see any reason how a CA ID could get suspended too.

This is the same readon why I have both, just incase.

Lives_In_Fresno
02-15-2012, 12:44 PM
I'm guessing there's good cause for an unprofitable but successful lawsuit somewhere in there. Passports should be allowable.


Allowable as what? ID? or of current address?

Passports are good for ten years....They would be a horrible representation of current address.

Nick Justice
02-15-2012, 12:56 PM
No ID means no sale. No DL does not mean no gun. It means no driving. I don't think passports even have addresses on them, so they can't be used to verify residence in the state of CA. Only US citizenship. CA ID card would be good, as long as its valid. I can't think of how an ID card can be suspended. They expire like a CDL.

SJgunguy24
02-15-2012, 3:06 PM
Couldn't a CA ID be sufficient enough as a proof of identification. I don't see any reason how a CA ID could get suspended too.

It is and it can't.

This is the same readon why I have both, just incase.

Good plan, if you lose your wallet you still have ID. If your license is suspended that little plastic card is worthless as ID because it is invalid. While it has all the info needed to complete the transaction the will still deny you. Get an CAID card and your good.
This is what I do, CAID card, 03FFL, and CADOJ issued COE. Now I have 2 state issued and 1 federal issued document showing who I am and where I live.

smt77
02-15-2012, 3:07 PM
I'm sure the dealer would not allow the wife put it in her name instead as that would fall under the category of a straw purchase. Just get a CA ID card and do it right.

smt77
02-15-2012, 3:09 PM
You might also want to look into what it would cost to have the gun shipped up to nor cal the next time. Might be more cost effective than making 2 trips south.

corcoraj2002
02-15-2012, 6:32 PM
As mentioned in another thread. My license is suspended and (finished yesterday) I dros'd an AR15 lower. He put my ID number is as a DL and it passed. I pointed out, when collecting the lower, that it was not a DL but an ID, he scratched out DRIVING LICENSE on the processed dros and wrote in pun IDENTIFICATION.

From what I have read I am just lucky.

J.

Apocalypsenerd
02-15-2012, 9:54 PM
I'm pretty sure that passports must be accepted as identification.

That will lead into the argument that if your passport must be accepted as proof of your citizenship, then denying a civil liberty in the face of such proof is unconstitutional.

I realize there are other laws that will need to be defeated first. Perhaps when that lawsuit back East about the guy who lives in Canada but is a US citizen shakes out, we'll be in a better position to challenge the state's requirement of CDL or ID.

corcoraj2002
02-15-2012, 10:56 PM
I'm pretty sure that passports must be accepted as identification.

That will lead into the argument that if your passport must be accepted as proof of your citizenship, then denying a civil liberty in the face of such proof is unconstitutional.

I realize there are other laws that will need to be defeated first. Perhaps when that lawsuit back East about the guy who lives in Canada but is a US citizen shakes out, we'll be in a better position to challenge the state's requirement of CDL or ID.


Your ID prooves two things, who you are and proof of res. you would still need to proove your a ca resident, if you used your passport as ID.

Cokebottle
02-15-2012, 11:31 PM
I started a thread on the similar subject and am wondering if there is any difference between a suspension and a license that was suspended then granted restricted status..?
It's not that the suspension itself makes you a prohibited person.
There are two issues...
The suspended license is not a "valid" license, therefore cannot be used to purchase a gun (I know, who you are didn't change 2 microseconds after the judge suspended it, IMHO, it's still a valid identification... it's simply not valid to drive).

The 2nd and likely more important issue is the reason for the suspension. If it is due to an FTA/warrant, then you are a fugitive from justice which is a federal prohibition.
gl0ck0ma: Can one use a passport and proof(s) of residency to purchase a long gun?

:confused:
Long gun? Check with Riflegear, they know the law... but might be better to check with the FFL you intend to use to transfer.

SVT-40
02-15-2012, 11:31 PM
Passports are worthless related to firearms purchases. Thats because nowhere on your passport is you home address listed.

Librarian
02-16-2012, 12:42 AM
As already posted, CA PC requires CA ID or DL.

desertjosh
02-16-2012, 5:05 AM
You can just put it in your wifes name. I had to do that when I bought my Savage .308. I had my DL but it was expired and they wouldn't accept the temporary DL. They questioned us about straw purchase but that was it.

littlejake
02-16-2012, 8:07 AM
Passports do not have your address on them. They're only good to show citizenship in the US.

The DMV application form for a CA ID card asks if you possess any other DL's or ID cards. They want them. You cannot (legally) have both a CA ID card and a CA DL. (nor multiple states)

Getting a CA ID card may be a temporary fix for the OP. But, given the time to process and make ID's and DL's in CA since the new "REAL ID ACT" format has been imposed, will mean a long wait to get an ID card in hand. Then if the OP wants to drive again when whatever problem is "fixed" with his DL -- he'd likely have to reapply and take all the tests for the DL.

Switching from a CA DL to a CA ID (or vise-versa) uses the very same identification number. So, he may still be denied with a CA ID.

I would think the lesson is: keep your house in order.

gbp
02-16-2012, 12:57 PM
In this case having a separate CA ID card is your friend.
Your ID Card does not get suspended when your DL does

You do have to make sure they list it as ID on the forms and not DL

littlejake
02-16-2012, 1:39 PM
In this case having a separate CA ID card is your friend.
Your ID Card does not get suspended when your DL does

You do have to make sure they list it as ID on the forms and not DL

Do you actually have both?

Eddy's Shooting Sports
02-16-2012, 2:22 PM
Originaly we were suppose to do the transfer at Riflegear but they were out of answer sheats for their HSC test and had to get them from the DOJ because someone accidently forgot to copy the last one, honest mistake and I dont hold it agains them at all.

IMO, this is major fail on the part of the clerk. I had this problem today. I also forgot to make copies. One phone call to the DOJ information line got me an email from DOJ with a .pdf file of the answer sheet. For some reason, they don't have it posted on the web site, but had no problem emailing it to me.

BigDogatPlay
02-16-2012, 6:59 PM
You cannot (legally) have both a CA ID card and a CA DL. (nor multiple states)

Yes, you can too have both a CDL and a CID. Many people do. The Vehicle Code prohibits being in possession of more than one valid CDL, not a CDL and CID.

Switching from a CA DL to a CA ID (or vise-versa) uses the very same identification number. So, he may still be denied with a CA ID.

Yes they do, typically, share numbers, However, the suspension of a CDL has no effect on the validity of the CID, at least in my own experience.

[quoteI would think the lesson is: keep your house in order.[/QUOTE]

Bingo....

gant
02-16-2012, 7:10 PM
damn hopefully you get this figured out, thats a long drive!