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Irish Gunner
02-22-2012, 8:09 PM
I have an interesting question. My brother was written up for a "domestic violence" call. After cooler heads prevailed he wasn't even charges with a crime, let alone a felony. A little later he tried to buy a rifle and was denied. He made a few inquiries and was told that he was prohibited because of the "claim". He wrote to DOJ to explain the situation and was basically told "tough *****". Does he have any options?

ClarenceBoddicker
02-22-2012, 8:39 PM
NCIC is Federal. CA DOJ has their own databases. What do you mean by written up? Cited, Arrested or issued a Restraining Order?

winnre
02-22-2012, 8:46 PM
For starters he needs to get a copy of his rap sheet from the DOJ to see what it says.

Irish Gunner
02-22-2012, 8:48 PM
NCIC is Federal. CA DOJ has their own databases. What do you mean by written up? Cited, Arrested or issued a Restraining Order?

I believe he was cited. No TRO, no arrest. Met w/DA and everything was dropped. He is not in CA so take that out of the question. He is in WA and was told by FFL that NCIC gave a "no-go"

I am thinking that innocent until proven guilty means nothing here. He still goes to the range with his ex-wife (original complaintant) and they get along. They just got into a rather heated debate (some property damage (busted door), no physical contact).

ClarenceBoddicker
02-22-2012, 8:56 PM
He was cited for DV because of breaking stuff, but not touching her? Sounds kinda fishy to me. Non felony property damage or vandalism does not equal DV or a firearms ownership disqualification. Someone is not telling all or there was a screwup with the records somewhere.

Irish Gunner
02-22-2012, 9:26 PM
OK I just called him to get the whole scoop. He was arrested for B&E, but since it was technically his house and he had a key, the charges were dropped. 10 years go by, he buys a Sig, then 6 months later was denied a rifle.

He sent in his fingerprints to the FBI with a written appeal and they confirmed that he was the correct person and that he was denied because of the "ARREST". Told him he could go hire a lawyer to fight it (unlikely in his financial situation) or just deal with it.

I suggested he just go try again, but he is afraid that they will just deny him again. It is a little backhanded, but he could decide not to actually buy the gun, just to get the NCIC check done. Maybe the FFL would be willing to do a test run for a fee anyway.

It is just crazy.

Neptune
02-22-2012, 9:44 PM
A man ought to be able to break his own possessions without intervention from the law. It's an insane world that would charge a man with breaking and entering into his own house.



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Irish Gunner
02-22-2012, 9:48 PM
A man ought to be able to break his own possessions without intervention from the law. It's an insane world that would charge a man with breaking and entering into his own house.
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Agree. And so did the DA once the facts came out. Apparently it isn't incumbent on the LEOs to get all the facts before they make an arrest. :facepalm:

Banleno007
02-22-2012, 9:49 PM
I am thinking that innocent until proven guilty means nothing here. He still goes to the range with his ex-wife (original complaintant) and they get along. They just got into a rather heated debate (some property damage (busted door), no physical contact).http://www.frou.info/g.gif

Mssr. Eleganté
02-22-2012, 9:57 PM
I'm guessing that the FBI can't find a final disposition of the charges. Their system shows the arrest and charge, and then nothing. They don't know if there was a conviction or if the charges were dropped or if he was found innocent. Some clerk dropped the ball. Your brother might have to get some paperwork from the local DA or court showing that the charges were dropped and forward it to the FBI so they can update their records.

hoffmang
02-22-2012, 10:01 PM
First have him request his own criminal records check: http://oag.ca.gov/fingerprints/security

If that comes back with no convictions, then his next step is to run a Personal Firearms Eligibility Check as he'll have to contest with CA DOJ first before turning to the NICS appeal process: http://oag.ca.gov/firearms/pfecfaqs

-Gene

winnre
02-22-2012, 10:02 PM
Get a PFEC instead of going to a deler for a DROS.

Irish Gunner
02-22-2012, 10:36 PM
Sounds like one time being a ca resident might help but he is out of state. WA doesn't have equivalent. Thanks for the ideas though. I will be sure to tell him what you are telling me. I told him to join calguns that there is a lot of good info. He just thinks its CA specific. Maybe this will change his mind.

Falconis
02-23-2012, 12:21 AM
A man ought to be able to break his own possessions without intervention from the law. It's an insane world that would charge a man with breaking and entering into his own house.

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Never seen a guy break random stuff around the house to intimidate his spouse and kids huh? Yeah, each situation should be evaluated as separate and individual incidents, but at times, some actions cross a line. Now if everyone is breaking stuff cause they are mad at each other, well that's just a big pile of poop nobody wants to get near. 1st type of incident is tricky, 2nd type of incident is usually obvious. It can also be measured by the headache of the person who has to deal with it.

Irish Gunner
02-23-2012, 6:21 AM
Never seen a guy break random stuff around the house to intimidate his spouse and kids huh? Yeah, each situation should be evaluated as separate and individual incidents, but at times, some actions cross a line. Now if everyone is breaking stuff cause they are mad at each other, well that's just a big pile of poop nobody wants to get near. 1st type of incident is tricky, 2nd type of incident is usually obvious. It can also be measured by the headache of the person who has to deal with it.

This is heading off topic. I never suggested that he didn't need to be removed from the scene for a cooler. He did kick the door and partially knock it off the hinges. It was far from tossing the house or ever becoming physical. The door and frame needed to be replaced. I would rather that they err on the side of caution and separate them, but get the facts before you arrest / charge someone. In this case they ended up charging him for breaking into his own home. Ever lock yourself out?

The topic is, why would he be excluded and why would FBI continue to deny him when all charges were dropped. I think that the plan will be.

1. Get copy of records
2. Make sure that final disposition is there (ie charges dropped)
3. See if he can do approval/denial similar to CA PFEC
4. File new appeal (may require a fresh denial to get information)