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devidishaya@yahoo.com
02-28-2012, 10:54 PM
Hello Guys!
This is my first Thread in Calguns.com, I was wondering if anyone could help me with some suggestions about what I can do to resolve my situation. I purchased a used handgun at a local gun store, I paid it in full. After 5 days in the process I got a call from the gun store to notify me of a delay. It has been 42 days since I purchased the gun:( and the DOJ won't tell me why im being delayed:confused:. This is my 2nd handgun purchase and I have NO criminal, mental and ticket history of any kind, I also have a unique name and last name. When I spoke with my investigator from the doj, her reply was that another Private company is running the background checks for them and not till both backgrounds come back clear, they can NOT release the fire arm. They also refused to give me the name of the company that is doing my background check:confused::confused:. I have never heard of a delay status with no reason:mad:,

!Please help!

Shellshocker66
02-29-2012, 4:40 AM
Hello Guys!
This is my first Thread in Calguns.com, I was wondering if anyone could help me with some suggestions about what I can do to resolve my situation. I purchased a used handgun at a local gun store, I paid it in full. After 5 days in the process I got a call from the gun store to notify me of a delay. It has been 42 days since I purchased the gun:( and the DOJ won't tell me why im being delayed:confused:. This is my 2nd handgun purchase and I have NO criminal, mental and ticket history of any kind, I also have a unique name and last name. When I spoke with my investigator from the doj, her reply was that another Private company is running the background checks for them and not till both backgrounds come back clear, they can NOT release the fire arm. They also refused to give me the name of the company that is doing my background check:confused::confused:. I have never heard of a delay status with no reason:mad:,

!Please help!

A private company is running the background check? Interesting.

You're not the first person in recent months to say they have had a problem on purchasing after having successful purchases in the past. I would call DoJ everyday and try to talk to a different agent. They have to give a reason! You're already beyond the 30 day time limit to pick up the weapon and technically you have to re-DROS at this point. Don't know if it changes things because it is an error on their part.

Was your first handgun purchase in this state? Have you lived in another state?

devidishaya@yahoo.com
02-29-2012, 5:57 AM
A private company is running the background check? Interesting.

You're not the first person in recent months to say they have had a problem on purchasing after having successful purchases in the past. I would call DoJ everyday and try to talk to a different agent. They have to give a reason! You're already beyond the 30 day time limit to pick up the weapon and technically you have to re-DROS at this point. Don't know if it changes things because it is an error on their part.

Was your first handgun purchase in this state? Have you lived in another state?
Thank you for your reply, Yes I bought all my guns in CA and I have never lived in another state. This is the second used handgun that I bought.
I have called the doj many times and I have asked them many questions and none were answered. Every time I call they disregard me and say that Im on delay and there is nothing I can do. They also claim that they have as long they want to delay the transaction.

halifax
02-29-2012, 6:07 AM
Have you ever had an arrest for which you COULD have been sentenced to a year or more in jail whether you were actually convicted or sentenced to less?

Or maybe it's the handgun itself that is the problem.

Sucks that they can't even tell you why the delay.

devidishaya@yahoo.com
02-29-2012, 6:12 AM
Have you ever had an arrest for which you COULD have been sentenced to a year or more in jail whether you were actually convicted or sentenced to less?

Or maybe it's the handgun itself that is the problem.

Sucks that they can't even tell you why the delay.

Thank you Jim for the reply, I have never been convicted in my life. And the Owner of the gun claims the same thing. He also mentioned that the gun store that he originally purchased the gun from is now bankrupt but I don't think it has anything to do with this situation or maybe it does.

halifax
02-29-2012, 6:26 AM
Thank you Jim for the reply, I have never been convicted in my life. And the Owner of the gun claims the same thing. He also mentioned that the gun store that he originally purchased the gun from is now bankrupt but I don't think it has anything to do with this situation or maybe it does.

My question was "have you ever been arrested for a charge that you could have been sentenced to a year or more in jail?" Prosecution/conviction aside just the arrest would send up a red flag.

devidishaya@yahoo.com
02-29-2012, 9:58 AM
No I have never been.

Shellshocker66
02-29-2012, 12:12 PM
I keep expecting the same thing to happen to me because of a very common name. I've been held up at the border while they make sure I'm not one of the many (insert name) that are on the watch list.

Do you by chance have a common name?

So they won't give name of private contractor who is doing their backgrounds? Have you asked to speak to a supervisor?

Something is not adding up, while there have been several held up due to various reasons, most could trace it back to something as simple as a prior arrest without conviction, parking tickets, or etc.

Please keep us updated on what the outcome is. You also might want to send in a personal eligibility check form to see if there is some hold up that you are not even aware of. http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

I remember a forum member who had the exact same name as a felon one county over. He was delayed till he could prove it wasn't him. And his name wasn't that common!

tenpercentfirearms
02-29-2012, 1:19 PM
Call Jason Davis ( http://www.calgunlawyers.com/ ) and tell him Wes Morris from the Calguns Foundation sent you. Seriously, you need a lawyer to help motivate them to action and we raise money for this very thing.

Paul S
02-29-2012, 2:22 PM
+1 The best advice to the OP so far.

Mike's Custom
02-29-2012, 2:56 PM
IF there is actually a DOJ delay then the FFL would ahve received a letter AND a report notice when they log into their DROS system. Ask for a copy of the "delay" and call the DOJ and ask what the problem is. There is also another problem, you will have to fill out another 4473 since it is only good for 30 days from when first dated and must be picked up during the next 30 days.

Do not take the FFLs word that there is a delay, ask to see a copy of the DOJ delay.

devidishaya@yahoo.com
02-29-2012, 3:25 PM
I keep expecting the same thing to happen to me because of a very common name. I've been held up at the border while they make sure I'm not one of the many (insert name) that are on the watch list.

Do you by chance have a common name?

So they won't give name of private contractor who is doing their backgrounds? Have you asked to speak to a supervisor?

Something is not adding up, while there have been several held up due to various reasons, most could trace it back to something as simple as a prior arrest without conviction, parking tickets, or etc.

Please keep us updated on what the outcome is. You also might want to send in a personal eligibility check form to see if there is some hold up that you are not even aware of. http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

I remember a forum member who had the exact same name as a felon one county over. He was delayed till he could prove it wasn't him. And his name wasn't that common!

Thank you for replying , My name is actually very rare and I have purchased a gun in CA in the past with no delays. I have spoke to a supervisor and he was clue less about my case and not helpful at all. I just found out that the DOJ had shut down the previous gun dealer! The gun was originally purchased from there. I got this Information from my local gun store not from the DOJ, Again this could be the reason why there is delay or not.

devidishaya@yahoo.com
02-29-2012, 3:37 PM
IF there is actually a DOJ delay then the FFL would ahve received a letter AND a report notice when they log into their DROS system. Ask for a copy of the "delay" and call the DOJ and ask what the problem is. There is also another problem, you will have to fill out another 4473 since it is only good for 30 days from when first dated and must be picked up during the next 30 days.

Do not take the FFLs word that there is a delay, ask to see a copy of the DOJ delay.

Thank you Mike, I have a copy of the delay letter, I have called the DOJ several times now, They claim that they are not in control of anything and they are relying on a unanimous company to clear the BG check. The only information that the DOJ provides me is that Im on a delay and that's all they know. How much longer can this possibly take?

devidishaya@yahoo.com
02-29-2012, 3:44 PM
Call Jason Davis ( http://www.calgunlawyers.com/ ) and tell him Wes Morris from the Calguns Foundation sent you. Seriously, you need a lawyer to help motivate them to action and we raise money for this very thing.

Hi Wes! Thank you for your reply, I will contact Jason ASAP and let him know about my case. Hopefully he would be able to retrieve some information from the DOJ, However I like to find out who this Unanimous company is.

smt77
02-29-2012, 4:00 PM
A private company is running the background check? Interesting.

You're not the first person in recent months to say they have had a problem on purchasing after having successful purchases in the past. I would call DoJ everyday and try to talk to a different agent. They have to give a reason! You're already beyond the 30 day time limit to pick up the weapon and technically you have to re-DROS at this point. Don't know if it changes things because it is an error on their part.

Was your first handgun purchase in this state? Have you lived in another state?


I don't believe that he will have to re-DROS if the DOJ response is to go ahead and release the firearm after the delay.

DragRag
02-29-2012, 6:05 PM
At what point are your second amendment rights being infringed upon for the lack of effort by a private company? Delaying your purchase when you are a law abiding citizen is nothing short of trampling your rights IMO.

devidishaya@yahoo.com
03-01-2012, 4:42 AM
At what point are your second amendment rights being infringed upon for the lack of effort by a private company? Delaying your purchase when you are a law abiding citizen is nothing short of trampling your rights IMO.

Very good point in deed and I definitely agree with you 100%! Here are some of the questions I have asked from the DOJ and look what I got:

Me:Why am I on delay?
DOJ: We have no Idea but you have to wait till your delay is cleared.
Me:How can I find out why im being delayed?
DOJ: You can't its confidential
Me:Is there a dead line of the delay?
DOJ: No
Me:How long can you put my gun on delay?
DOJ: We are a government agency and we have as long as we want.


In other states the FFL may transfer the firearm after just 3 business days. This might be my last gun purchase ever thanks to the DOJ. I guess I have to surrender my second amendment to the DOJ.

tenpercentfirearms
03-01-2012, 7:37 AM
Very good point in deed and I definitely agree with you 100%! Here are some of the questions I have asked from the DOJ and look what I got:

Me:Why am I on delay?
DOJ: We have no Idea but you have to wait till your delay is cleared.
Me:How can I find out why im being delayed?
DOJ: You can't its confidential
Me:Is there a dead line of the delay?
DOJ: No
Me:How long can you put my gun on delay?
DOJ: We are a government agency and we have as long as we want.


In other states the FFL may transfer the firearm after just 3 business days. This might be my last gun purchase ever thanks to the DOJ. I guess I have to surrender my second amendment to the DOJ.
You need to contact Jason immediately and let's see if they keep that attitude. If they do, then we might be interested in straighting them out.

devidishaya@yahoo.com
03-01-2012, 9:00 AM
You need to contact Jason immediately and let's see if they keep that attitude. If they do, then we might be interested in straighting them out.
Hi Wes! I really appreciate your help!:) I sent an email to Jason yesterday, I haven't had a reply yet but Im going to give him a call today.

Hogstir
03-01-2012, 1:05 PM
You can find out who the private co is. File a CPRA request with DOJ. It is a public record.

devidishaya@yahoo.com
03-02-2012, 10:35 PM
You can find out who the private co is. File a CPRA request with DOJ. It is a public record.Thank you for the reply, I did call the people at the DOJ about how I can file a CPRA with them. They sounded very nervous when I asked them that question and said: They don't know what CPRA is and said: They would have to call me back , Im still waiting for that call.

Hogstir
03-03-2012, 9:14 AM
California Public records act. They know exactly what it is. Here is the link to request public records from them online.
http://ag.ca.gov/contact/publicrecords_form.php

383green
03-03-2012, 10:10 AM
It sounds to me like DOJ is giving the OP a real run-around. I'm gleefully looking forward to hearing about Mr. Davis savaging them on behalf of the OP. :43:

P.S.: I think that we could make good use of a CGF steamroller smiley in the menu!

freonr22
03-03-2012, 4:21 PM
Tag

cntrolsguy
03-03-2012, 4:23 PM
Subscribed

wildhawker
03-03-2012, 4:25 PM
OP, shoot me your contact info to my email address that's in my signature.

-Brandon

freonr22
03-03-2012, 4:28 PM
Brandon, there is nothing in your signature. There is no signature. You usually have one. It's not there now. And I can see 383 greens, so they aren't turned off

johnthomas
03-03-2012, 4:34 PM
The same thing happened to the buyer my son sold a long gun to. After 6 weeks, big5 called my son and told him to pick his gun up, the buyer wad denied. Soooo he got his gun back and paid the buyer the money. My question is, your SSN in optional, did you put your SSN on the form? My name is John, my brother's name is Jack, same last name. He is a felon, I am not, I always use my SSN to prevent a mix up.

goober
03-03-2012, 4:39 PM
Brandon, there is nothing in your signature. There is no signature. You usually have one. It's not there now. And I can see 383 greens, so they aren't turned off

thats kinda funny.
OP, here comes the cavalry :)

anthonyca
03-03-2012, 6:13 PM
OP, have you contacted Jason Davis and spoken with him? He knows people at the DOJ by name and they know him. It's worth paying him for his time.

ke6guj
03-03-2012, 6:36 PM
My question is, your SSN in optional, did you put your SSN on the form? My name is John, my brother's name is Jack, same last name. He is a felon, I am not, I always use my SSN to prevent a mix up.

in CA, putting your SSN on the 4473 does you no good. Your SSN is not sent to CADOJ to do the DROS background check. All you've done is given the FFL additional information that can be used for identity theft. Not saying your FFL is a crook, but why take the chance that at no point in the next 10 years, someone doesn't look at the 4473 with bad intentions (not limited to just the FFL)?

devidishaya@yahoo.com
03-04-2012, 4:55 AM
OP, have you contacted Jason Davis and spoken with him? He knows people at the DOJ by name and they know him. It's worth paying him for his time.
I have contacted Jason a few days ago and now he is after the DOJ, We just have to wait now. lol I almost forgot that I actually bought a gun! since its been 46 days I have lost my enthusiasm and excitement for this gun.

devidishaya@yahoo.com
03-04-2012, 4:59 AM
California Public records act. They know exactly what it is. Here is the link to request public records from them online.
http://ag.ca.gov/contact/publicrecords_form.php
Thanks a lot I will submit the letter right away:)

devidishaya@yahoo.com
03-04-2012, 5:02 AM
The same thing happened to the buyer my son sold a long gun to. After 6 weeks, big5 called my son and told him to pick his gun up, the buyer wad denied. Soooo he got his gun back and paid the buyer the money. My question is, your SSN in optional, did you put your SSN on the form? My name is John, my brother's name is Jack, same last name. He is a felon, I am not, I always use my SSN to prevent a mix up.
Thank you John for the information, Yes I did put my SSN on the form and Im the only person in my entire family that owns firearms.

wildhawker
03-04-2012, 10:32 AM
Thanks a lot I will submit the letter right away:)

Don't do that and email me, please.

-Brandon

Meplat
03-04-2012, 11:07 AM
I have contacted Jason a few days ago and now he is after the DOJ, We just have to wait now. lol I almost forgot that I actually bought a gun! since its been 46 days I have lost my enthusiasm and excitement for this gun.

This! Is what the waiting period is really about! Ask any retailer what it would do to his business if his customers had to wait 10 days before they could take home a purse, or a pair of shoes, or a video game.

devidishaya@yahoo.com
03-04-2012, 9:43 PM
This! Is what the waiting period is really about! Ask any retailer what it would do to his business if his customers had to wait 10 days before they could take home a purse, or a pair of shoes, or a video game.Now take the same idea but instead of waiting 10 days make it 46 days.

Wherryj
03-05-2012, 7:56 AM
Hello Guys!
This is my first Thread in Calguns.com, I was wondering if anyone could help me with some suggestions about what I can do to resolve my situation. I purchased a used handgun at a local gun store, I paid it in full. After 5 days in the process I got a call from the gun store to notify me of a delay. It has been 42 days since I purchased the gun:( and the DOJ won't tell me why im being delayed:confused:. This is my 2nd handgun purchase and I have NO criminal, mental and ticket history of any kind, I also have a unique name and last name. When I spoke with my investigator from the doj, her reply was that another Private company is running the background checks for them and not till both backgrounds come back clear, they can NOT release the fire arm. They also refused to give me the name of the company that is doing my background check:confused::confused:. I have never heard of a delay status with no reason:mad:,

!Please help!

If it is true that a private company is doing the background checks, I certainly hope that they are competent. I get a copy of my criminal background check every two years.

(It is my understanding that it is a requirement to offer a copy if it is required for employment, etc. I am required by two hospitals to get a background check, although strangely only ONE of them ever offers me a copy...)

Every year that are dozens of entries that belong to other people-either because their name is in the same letter of the alphabet or they lived in the same city. These checks throw a pretty broad net, I understand by design. The strange thing is that I have a fairly unique last name, Wherry, yet I'll get info back on people with names like Williams, White, etc.

If this company isn't actually good at knowing that they need to ignore this extra info, you could be in for quite a wait as they chase down each of these entries. I typically find at least a dozen felonies listed on MY report, none of them with anything except a last name CLOSE to mine or an address CLOSE to one that I previously lived at (and by close I mean same street name in a different city, etc.).

Wherryj
03-05-2012, 7:59 AM
Thank you John for the information, Yes I did put my SSN on the form and Im the only person in my entire family that owns firearms.

Please note that what I stated about the criminal investigations even happens with SSNs. I am required to give my SSN to the hospitals where I work (and have had several of the VAs that I once worked at "lose" computers with my info conveniently stored on them, leading to identity theft). I still get reports loaded with juicy felony arrests that have nothing at all to do with my report.