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View Full Version : Quick "eligible to purchase" question re: DUI/probation


Untamed1972
07-27-2012, 7:51 AM
I'm asking this question for a non-CGer....really I am.

Being on unsupervised probation for misdemeanor DUI shouldn't make him ineligible to purchase correct?

All other court issues are taken care of, classes finished, fines paid, drivers license restored, etc. Just has 2yrs of unsupervised probation left.

I know he can send in the PFEC form...already told him about that. Just curious about the probation issue.

Untamed1972
07-27-2012, 9:58 AM
:gene:

Wow....38 views and no response

huntercf
07-27-2012, 10:00 AM
Sorry untamed, I don't know the answer. I put up a post last week and it had over 60 views before a post.
The only thing that may hold him back would be the probation, but I am not sure. Someone will come along and give you a correct answer. Your friend could also call the DOJ and ask; or you could call.

HowardW56
07-27-2012, 10:07 AM
I'm asking this question for a non-CGer....really I am.

Being on unsupervised probation for misdemeanor DUI shouldn't make him ineligible to purchase correct?

All other court issues are taken care of, classes finished, fines paid, drivers license restored, etc. Just has 2yrs of unsupervised probation left.

I know he can send in the PFEC form...already told him about that. Just curious about the probation issue.

It shouldn't make him ineligible, UNLESS there is a prohibition as a condition of probation. He would need to check the probation order.

HowardW56
07-27-2012, 10:10 AM
If in doubt, he could pay the fee for a Personal Firearms EligibilityCheck
http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf?

littlejake
07-27-2012, 10:13 AM
First, what are the terms of probation (rhetorical) -- a judge can put any restriction they want on a probation.

In the past, I do not believe it would have been a problem. Non-violent misdemeanor and non-domestic violence. CA-DOJ has started putting a DROS delay on people with an arrest record -- asking them to produce paperwork that satisfies some undetermined requirement. The burden is put on the buyer; and for some, it becomes an indefinite delay as they cannot satisfy DOJ. I'd be willing to bet $5 (to be donated to CGF) that your friend will be delayed.

Calling DOJ 6 times will get 6 different answers.
PFEC is the best way to find out -- but they are slow to process.

Untamed1972
07-27-2012, 10:14 AM
If in doubt, he could pay the fee for a Personal Firearms EligibilityCheck
http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/pfecapp.pdf?

I think I may advise him to do that anyway......you never know if there is something the court or DMV forgot to file or some crap like that. So although it's clear, it wont show in the system.

I think the $30 is cheap insurance to make sure you're GTG before you go shopping.

Untamed1972
07-27-2012, 10:16 AM
First, what are the terms of probation (rhetorical) -- a judge can put any restriction they want on a probation.

In the past, I do not believe it would have been a problem. Non-violent misdemeanor and non-domestic violence. CA-DOJ has started putting a DROS delay on people with an arrest record -- asking them to produce paperwork that satisfies some undetermined requirement. The burden is put on the buyer; and for some, it becomes an indefinite delay as they cannot satisfy DOJ. I'd be willing to bet $5 (to be donated to CGF) that your friend will be delayed.

Calling DOJ 6 times will get 6 different answers.
PFEC is the best way to find out -- but they are slow to process.

No special conditions on the probation he is away of. Just the standard, basically no alcohol related LE contacts or repeat DUI.

desertjosh
07-27-2012, 12:19 PM
He is fine to purchase a firearm. As long as nobody was injured(felony dui). Dont ask me how i know.

P5Ret
07-27-2012, 12:24 PM
Shouldn't be a problem unless he has multiple convictions. Informal probation may or may not show up on a check depends on the county, some enter it some don't.

Burbur
07-27-2012, 9:54 PM
They let me buy guns after my DUI.

Mendo223
07-27-2012, 10:15 PM
i got a DUI in college, drunken mistake of driving to san francisco drunk to meet a girl who was ready for some lovin.....ended up in the oakland drunk tank.



anyways...i have purchased 5-6 guns with no problem..

depends on what kind of DUI as well...if you had felony bodily injury or felony property destruction that would probably make you un-eligible.

reptilla
07-27-2012, 10:25 PM
If it mot a felony dui hes fine...im talking from experience.

paul0660
07-27-2012, 10:40 PM
If it mot a felony dui hes fine...im talking from experience.

Sounds like you are talking from real time. :p

johnthomas
07-27-2012, 10:59 PM
Does he still have his license? If not, he needs a California ID card. Now, go tell him to do something about his drinking problem.

OlderThanDirt
07-27-2012, 11:32 PM
I'll drink to that.

Vacaville
07-28-2012, 6:09 AM
Your "friend" ;) should be fine with purchasing. Applying for CCW would probably be another matter though.