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View Full Version : My 10 year wait is over!


rrengineer
02-28-2012, 1:35 PM
I just finished a ten year wait to possess and own firearms in California this month. Can I just walk into a gun store and buy a gun or do I need something official from the DOJ?
Mike

stix213
02-28-2012, 1:40 PM
You could send in this form if you are unsure if your ban has been lifted. Otherwise you will either just be approved or denied when purchasing a firearm, depending on if the government has done their job or not.

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

rrengineer
02-28-2012, 1:52 PM
Thanks. I'll give it a try just to be sure.
Mike

dantodd
02-28-2012, 2:10 PM
Unfortunately the state is not real keen on lifting such bans. Keep your paperwork in order so that if the purchase is delayed you will have everything ready to fax off to the DOJ.

Unfortunately the PFEC may take a while to come back but if you buy a gun the DOJ will respond within the 10 day wait. They are also much easier to communicate with when you are actually trying to make a purchase.

anthonyca
02-28-2012, 2:14 PM
Congratulations. I would do the PFEC and wait. Hopefully it wasn't DV related.

rrengineer
02-28-2012, 2:30 PM
It was not DV related. It was a wobbler that was filed as a misdemeanor. I had 3 year informal probation and a $1000 fine that the court allowed me to pay in $100 monthly payments. Just being stupid with one of my guns, nothing intentionally evil or bad. Just got caught shooting in an area I should not have been shooting in. The original court date and Nolo Contendere plea was Feb 5, 2002. Hopefully I have been legal since the 6th of this month.
Mike

Decoligny
02-28-2012, 2:34 PM
I think the 10 years starts on the date that sentence was passed. If sentence was passed on the same day the Nolo Contendere plea was entered, then you should be good to go.

rrengineer
02-28-2012, 2:55 PM
I always thought so, but with the California DOJ you never know. I'll be sending in the form to find out anyway.
Mike

edwardm
02-28-2012, 3:01 PM
I think the 10 years starts on the date that sentence was passed. If sentence was passed on the same day the Nolo Contendere plea was entered, then you should be good to go.

PC 29805 says "conviction". Sentencing may happen upon judgment of conviction or at some time thereafter (i.e. for the court to consider a probation report and pronounce sentence at a later date).

reaper209
02-28-2012, 3:03 PM
id recommend doing the pfec i did one in november and had a response in 2 weeks. a buddy of mine also had a 10 year hold and its been 14 years since then but he still wont pass a pfec due to the state not filling out whatever paper work is needed to release the hold

sd_shooter
02-28-2012, 4:06 PM
It was not DV related. It was a wobbler that was filed as a misdemeanor. I had 3 year informal probation and a $1000 fine that the court allowed me to pay in $100 monthly payments. Just being stupid with one of my guns, nothing intentionally evil or bad. Just got caught shooting in an area I should not have been shooting in. The original court date and Nolo Contendere plea was Feb 5, 2002. Hopefully I have been legal since the 6th of this month.
Mike

Holy moly! I had no idea something like that could be a big no-no.

Care to share? (You don't have to, but perhaps it would be a lesson for the rest of us.)

Thanks,

rrengineer
02-28-2012, 5:28 PM
The charge was "Discharge of a weapon with gross negligence". It was in an area of the national forest on private land. At first I was charged with a "Concealed Weapon" charge, but the DA declined to prosecute because I was on private property. This police force wanted their "pound of flesh", so eight months later they filed the second charge. It was the worst charge the police department could think of. There was another person with me when I fired the gun and he folded spilled everything to the arresting officer, so I could not play dumb because of his deposition even though there were no other witnesses, so I pleaded no contest.
Mike

Kid Stanislaus
02-28-2012, 5:57 PM
"It was in an area of the national forest on private land."


PRIVATE LAND!! DAMN!! This truely IS the People's Republic of Kalifornia.:mad:

wjc
02-28-2012, 6:22 PM
I would bet you are good to go but...

Not having any faith in beaurocracies, I would get cleared by DOJ in writing as
a hedge against any problems down the road.

Who knows, you might get erroneously flagged and have no way to prove it, so getting the documentation now would be an advantage.

rrengineer
02-28-2012, 6:36 PM
The police dept I refer to works for the company that owns the land (my employer, and yes I still work there) and they have federal powers to arrest. I just don't want to give out any more info than that unless you can guess from my forum name... I have all the paperwork from my lawyer stating the exact PC that was violated and the conditions of my conviction and all paperwork from the court. I don't know how much more proof I would need for the DOJ.
Mike

diggersdarling
02-29-2012, 1:23 AM
You got shafted so hard that I am feeling sore from reading what happened.

Best of luck to you going forward. May your collection be fruitful!

lpspinner
02-29-2012, 2:14 AM
Congrats and Good Luck! I once outfitted a new Jeep Cherokee for one of those officers. It was the first time I installed a CHP style AR & Shotgun mount (I guess I just dated this). I kinda wished I was younger at the time, and would've jumped at the job. Funny, I never got the impression they wanted to be jerks.

sd_shooter
02-29-2012, 5:49 AM
You got shafted so hard that I am feeling sore from reading what happened.

Best of luck to you going forward. May your collection be fruitful!

:iagree:

10 years? Sounds like something a nice bottle of Scotch might have solved...

choprzrul
02-29-2012, 7:21 AM
Welcome to the return of your Civil Rights! Congratulations! I hope this all goes smoothly for you.

.

rrengineer
02-29-2012, 10:53 AM
I sent the notarized form to the DOJ yesterday. We'll see what they say. I am going to a local gun shop today and going to try to buy a stripped AR lower they have on sale today made by JD Machine. We'll see if I get turned down.
Mike

rrengineer
02-29-2012, 2:23 PM
I went to Turner's and was talked out of buying the stripped lower receiver because of the deposit and restocking fee I would lose if I got turned down. It was almost the price of the receiver! So I will just wait for the DOJ to return my form. I'll post the results when I get them.
Mike

glockman19
02-29-2012, 2:24 PM
Congratulations and Good Luck.

G-forceJunkie
02-29-2012, 6:49 PM
Either wait for the form to come back, or try buying something At Big 5 (everyone needs another .22 rifle :) They have pretty good policy if you get denyed. I believe you just loose the DROS fee.I went to Turner's and was talked out of buying the stripped lower receiver because of the deposit and restocking fee I would lose if I got turned down. It was almost the price of the receiver! So I will just wait for the DOJ to return my form. I'll post the results when I get them.
Mike

Mass Torpor
02-29-2012, 8:11 PM
or try buying something At Big 5 (everyone needs another .22 rifle :)

Heh. :)

G1500
02-29-2012, 8:20 PM
It is already all said and done, but I will say this; if something like this happens in the future, you should lawyer up. It is sad that we have to seek legal counsel in cases where our civil rights are at risk over some asinine complaint, but I for one am thankful for competent counsel.

I spent a decent chunk of change recently having to defend myself, but it is definitely worth it to not be striped of my rights for 10+ years.

G1500
02-29-2012, 8:20 PM
It is already all said and done, but I will say this; if something like this happens in the future, you should lawyer up. It is sad that we have to seek legal counsel in cases where our civil rights are at risk over some asinine complaint, but I for one am thankful for competent counsel.

I spent a decent chunk of change recently having to defend myself, but it is definitely worth it to not be striped of my rights for 10+ years.

NorCalRedneck
03-01-2012, 12:39 AM
The police dept I refer to works for the company that owns the land (my employer, and yes I still work there) and they have federal powers to arrest. I just don't want to give out any more info than that unless you can guess from my forum name... I have all the paperwork from my lawyer stating the exact PC that was violated and the conditions of my conviction and all paperwork from the court. I don't know how much more proof I would need for the DOJ.
Mike

I know what police department you're talking about and from the many things I've heard, they are complete dicks so it doesn't surprise me that they went through all the work to charge you with that.

Veggie
03-01-2012, 12:42 AM
So its Private Land. But really it isn't. It is Federal Land because its National Forest? I don't get it. You should have gotten a good lawyer.

SPECR
03-01-2012, 11:41 PM
Good luck and please update us!

:popcorn:

NorCalRedneck
03-02-2012, 12:45 AM
I don't get it. Shooting on National Forest land is legal. Shooting on private land (unincorporated) is legal? What the heck happened here, how did they charge you with anything?

Shooting on a railroad right-of-way that runs through a national forest is illegal though. ;)

rrengineer
03-02-2012, 6:19 AM
It's not so good if you work for the railroad either. Railroaders had been shooting in this remote area for some time. I just happened to get caught.
Mike

Write Winger
03-02-2012, 7:20 PM
Ugh, that's rough.

I say since you've been forced to be patient for 10 years, might as well wait just a little bit longer to make sure it all goes off without a hitch.

But I can understand your giddiness.

BigDogatPlay
03-02-2012, 7:52 PM
The police dept I refer to works for the company that owns the land (my employer, and yes I still work there) and they have federal powers to arrest.

They're California peace officers under PC 830.33(e) as well. I was one for my last job in the LEO business and am retired. From your quick summary I get what happened, and that's a major bummer. Sorry it worked that way, probably shouldn't have.

rrengineer
03-03-2012, 11:51 AM
I don't blame the railroad police for doing their jobs. I was the one doing something stupid, but 10 years? The officer issuing the ticket was actually sorry he had to do it. Time to move on.
Mike

Veggie
03-03-2012, 7:39 PM
I don't blame the railroad police for doing their jobs. I was the one doing something stupid, but 10 years? The officer issuing the ticket was actually sorry he had to do it. Time to move on.
Mike

Was it a felony? If it wasn't then the officer didn't have to arrest you and file with the DA. He did it because he wanted to. Don't believe that "feels sorry" crap.

rrengineer
03-03-2012, 8:24 PM
It was a wobbler. The district attorney would not file it as a felony. I'm sure they tried to get it filed that way because their first attempt nine months earlier was a charge of concealed weapon. The Los Angeles DA declined to file it and said so in writing to me. I was originally searched when I arrived with the train in Los Angeles. Not satisfied with that failure, nine months later I got another ticket in the mail for "discharge of a weapon with gross negligence" filed with the San Bernardino DA because it happened in the San Bernadino National Forest. I'm sure this charge was picked because it could be filed as a felony. In both cases, neither DA wanted to take either case and multiple attempts by the railroad police finally resulted in the misdemeanor filing. I know this because the first arresting officer had a son that I work with (and still works there) and he told me about it.

rrengineer
03-12-2012, 12:00 PM
Got my answer today from the DOJ. Just under two weeks after sending it in. I AM eligible to possess and purchase firearms as of the date the check was completed! Woohoo! I was probably alright after I passed the ten year mark, but it is nice to make it official. Thanks guys for the words of encouragement while waiting for this letter.
Mike

imtheomegaman
03-12-2012, 12:13 PM
congrats Mike...be safe!

POLICESTATE
03-12-2012, 12:14 PM
You don't mess with the railroads. They don't take to kindly to people monkeying around with their crap.

rrengineer
03-12-2012, 12:47 PM
I have been working for the railroad for 18 years. The thing most railroaders know is that the railroad will put up with a lot before they fire you. I know a few guys that have done millions in damage and are still working here. The two things they will not abide is lying and stealing. If you screw up and tell the truth, you get your wrist slapped and eventually go back to work. You may even be out of work for as much as a year as I was, but you come back, but if you try to claim more money on your time ticket (stealing) or say you did not do something wrong (when you clearly did), you're gone. I thank God every day I have this good paying job that affords me to buy my toys (guns, etc) and provide for my family. I know a lot of people are not as fortunate.

stitchnicklas
03-12-2012, 1:41 PM
Got my answer today from the DOJ. Just under two weeks after sending it in. I AM eligible to possess and purchase firearms as of the date the check was completed! Woohoo! I was probably alright after I passed the ten year mark, but it is nice to make it official. Thanks guys for the words of encouragement while waiting for this letter.
Mike

congrats and welcome to 2A freedom


now keep your rearend covered and walk away from fools that might try to take your rights away again....

stix213
03-12-2012, 1:51 PM
Got my answer today from the DOJ. Just under two weeks after sending it in. I AM eligible to possess and purchase firearms as of the date the check was completed! Woohoo! I was probably alright after I passed the ten year mark, but it is nice to make it official. Thanks guys for the words of encouragement while waiting for this letter.
Mike

Glad this drama had a happy ending. No go back and get that lower receiver already :p

rrengineer
03-12-2012, 2:07 PM
You betcha!