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View Full Version : NEW DROS DATA BASE PROCEDURE (another unwarranted delay incident)


echo1
07-20-2012, 11:25 AM
Hi All,
I've been buying guns through the DROS hustle since year one of its' mandate. My last go round when applying for a New Frontier lower for a build, flagged something different, and my FFL was sent a notice to delay delivery, pending review. He gave me 2 DOJ numbers to call. After finally speaking to a human, she said that there was a Vehicle Code number flagging the application, from 1971. Feloney charge resolved as a misdomenor. How does that affect the previous purchases I've already made through the program, 6 this year alone (a couple with multiple tranfers) or the guns I've horse traded before then or since? I have had guns since 1962 and was nevered instructed to surrender or restricted to posses. To say the least I have concern that I could get a knock on my door from th DOJ. Is this one of those "cold dead hands" deals or is there some legal or precaussionary measure, other than that horrible boating accident I had a few years ago? I'm certain it was the "AR" that tripped the flag, not even a complete weapon!! PAX

dantodd
07-20-2012, 11:31 AM
The database has nothing to do with your right to buy and possess firearms. However; it does have to do with your ability to clear a background check.

It is becoming more and more obvious that Kamala Harris, in her new position as AG, has changed the process of background checks. In the past only convictions or prohibiting actions would prevent one from buying a firearm. Now, the AG, has changed the office policy to force any arrest or other unresolved police interaction to delay the transfer until the "investigators" get official word from the courts on the final disposition of the case.

My personal opinion is that she is trying to inflate, as much as possible, the cost of doing these background checks to justify the price we pay to DROS a firearm. This is (again IMO) likely because of both her own anti-gun ideology and the NRA/CRPAF lawsuit challenging the cost of the DROS fees.

ETA: you may be able to speed up the process by contacting the court in question and having them FAX a copy of the final disposition to DoJ. It might be tough getting the FAX number as the DoJ likes for this to take as long as possible.

littlejake
07-20-2012, 2:00 PM
Report the issue to CGF @
http://calgunsfoundation.org/doj
Jake

Dantedamean
07-20-2012, 2:06 PM
The database has nothing to do with your right to buy and possess firearms. However; it does have to do with your ability to clear a background check.

It is becoming more and more obvious that Kamala Harris, in her new position as AG, has changed the process of background checks. In the past only convictions or prohibiting actions would prevent one from buying a firearm. Now, the AG, has changed the office policy to force any arrest or other unresolved police interaction to delay the transfer until the "investigators" get official word from the courts on the final disposition of the case.

My personal opinion is that she is trying to inflate, as much as possible, the cost of doing these background checks to justify the price we pay to DROS a firearm. This is (again IMO) likely because of both her own anti-gun ideology and the NRA/CRPAF lawsuit challenging the cost of the DROS fees.

ETA: you may be able to speed up the process by contacting the court in question and having them FAX a copy of the final disposition to DoJ. It might be tough getting the FAX number as the DoJ likes for this to take as long as possible.

Sounds like she's also making it more difficult to get a firearm and delaying the process even more.
I have an arrest, it was a misdemeanor and the record was expunged. I ran background checks on my self through the DOJ and FBI, nothing popped. I hope this doesn't happen to me -.-'

wildhawker
07-20-2012, 2:16 PM
Please just report it to us and email me your contact info, bcombs@calgunsfoundation.org.

-Brandon

dantodd
07-20-2012, 10:58 PM
Sounds like she's also making it more difficult to get a firearm and delaying the process even more.
I have an arrest, it was a misdemeanor and the record was expunged. I ran background checks on my self through the DOJ and FBI, nothing popped. I hope this doesn't happen to me -.-'

You're probably good to go but the only way to know is to file a PFEC (Personal Firearms Eligibility Check) which should be processed per the current rules. It is remotely possible that the court that granted your "expungement" didn't report it to the DoJ, it is somewhat possible, based on reports of other DoJ databases being corrupted, that the DoJ, may have lost the information.

Here is the PFEC form: http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf?

problemchild
07-21-2012, 7:16 AM
I though expunging did NOTHING to remove the incident from your record and ONLY allows you to claim no offense on a JOB interview. BUT if the employer runs a check he will still see the incident.

Expunging doesn't erase the charge and conviction, its still there.


"A California expungement does not erase a criminal conviction. Rather, it updates the record of conviction to reflect that the guilty plea has been withdrawn, a “not guilty” plea has been entered in its place, probation is terminated, and the case has been dismissed.

If someone does a background check on you, even after an expungement, they still may see that the conviction did take place. But they will also see that it was later successfully expunged."

echo1
07-22-2012, 11:09 AM
I never went through any process to expunge my record and I'm within striking distance of retireing, not that Ive ever cared about any kind of background check by employers or the DOJ. Just seems like an increase in work load on the DOJ office people for a screwed up system. Just curious about my previous purchases through DROS. You'd think once you're in and clear to go, if there's not any changes on your status from past applications, then what's the hang up. It doesn't look very effecient on thier end. Oh wait, it's the Gobrmint!