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paratroop
05-29-2012, 10:10 PM
THANKS!

stix213
05-29-2012, 10:53 PM
If he actually doesn't have gun rights it is potentially a felony for him to even touch a gun, including yours. You haven't given many details for anyone here to even speculate as to what his status might be. He can be denied from anything as simple as a clerical error by the courts/doj with regard to clearing his record, to something much more serious where he is actually still banned.

He can go the just buy a gun and find out route as you suggest, but I haven't seen a gun shop without a fairly expensive restocking fee (15-30% of the purchase price is what I've seen, plus loss of DROS fees). Would be much cheaper to just send in the form to the DOJ, wait the 3 or so weeks other threads here have indicated it takes to get the results, and go from there.

dantodd
05-29-2012, 11:21 PM
The PFEC form that he sends in does not determine his eligibility to handle a weapon. It only reflects the background check the DoJ does to determine if he can buy one. The difference is subtle but important. If he has had his rights properly restored the DoJ may still have a mistake in their paperwork. If this is the case the response from the DoJ to the form will have a number he can call to discuss the issue. They will tell him why he was denied and he may have to facilitate communication between the court in which he was convicted and the DoJ to show that the conviction was reduced and "expunged."

However; even if you completely believe 100% that your friend did all the paperwork right and is not a prohibited person IF a cop interrupts your day shooting and runs your friend's ID you'll both be up a serious creek until you get it straightened out. Personally, if I knew a friend or relative had such problems I ask them to fix it up before I would take them shooting. You are just asking for trouble for both your friend and you.

Ron-Solo
05-29-2012, 11:25 PM
There are many variables that come ino play here. What you don't mention is the cause for the loss of rights, and what was one to restore those rights.

Depending on te circumstances, attempting to purchase a firearm by a prohibited individual can be a criminal offense, not just a simple denial. He is better off sending in the firearms eligibility check to DOJ rather than attempting to buy one.

IF he is still prohibited from buying a firearm, he CAN NOT go shooting with you, as possession of a firearm would be a criminal act. Also, knowingly furnishing a firearm to a prohibited person can land you in hot water.

If he gets denied, and you sell him a gun knowing that, you are committing a crime.

If he gets denied during the PFEC he needs to get with his lawyer and get it cleared up.

huntercf
05-30-2012, 6:07 AM
+1 w/ Ron
Tell him to send in the PFEC, if he has waited this long another 3 weeks isn't that much to make sure he isn't committing another crime. Plus it will be a lot cheaper and if he is denied he can go to his lawyer first without having to call him from jail.

paratroop
05-31-2012, 4:18 PM
would possession of a SBS that got dropped down to a misdemeanor affect the ability to own a firearm, both state and federally?

From what i researched today, california should be ok, but i cant seem to figure it out federally? maybe because there isnt any prohibition? thanks!

bwiese
05-31-2012, 4:49 PM
would possession of a SBS that got dropped down to a misdemeanor affect the ability to own a firearm, both state and federally?

From what i researched today, california should be ok, but i cant seem to figure it out federally? maybe because there isnt any prohibition? thanks!


I am unclear if an SBS charge in CA is really a wobbler. (May have been so in past.)

Sometimes prosecutors/judges reduce charges down that they really can't.

You need an attorney.

626Tony
05-31-2012, 6:37 PM
I am unclear if an SBS charge in CA is really a wobbler. (May have been so in past.)

Sometimes prosecutors/judges reduce charges down that they really can't.

You need an attorney.

i concur

paratroop
05-31-2012, 7:32 PM
allright once again thanks. I directed him to get an attorney that specializes in that kind of thing. But his old attorney already took care of his felony issue with the state, and it is already a misdemeanor on his record. And I think he mentioned it was also expunged too. So if his pfec comes back ok, he should be alright on the federal level as well?

dantodd
05-31-2012, 10:24 PM
So if his pfec comes back ok, he should be alright on the federal level as well?

Yes. He should be good to go.