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-   2nd Amend. Litigation Updates & Legal Discussion (http://www.calguns.net/calgunforum/forumdisplay.php?f=330)
-   -   9/19/2013 CGF Files New Federal Civil Rights Lawsuit to Stop DOJ's DROS Delay Policy (http://www.calguns.net/calgunforum/showthread.php?t=656150)

Librarian 05-15-2014 10:48 AM

Quote:

Originally Posted by 9M62 (Post 14092255)
Is the DROS process automatic, or is each DROS reviewed by an analyst at the DOJ?

I'd imagine the ones that pop up "flags" are reviewed by analyst's, and then they decide whether or not to send a delay letter. Am I correct?

About 20% are automatic approvals. The rest are individually reviewed. See http://www.calguns.net/calgunforum/s...d.php?t=924856

NannyState 06-26-2014 9:22 AM

I bought a handgun at Turner's, and two rifles from Big 5, all within the same week. Both rifles had a delay put on them but the handgun went through and I picked it up yesterday.

I'm not sure what to do now, maybe just ask for my money back and call it a day. I really don't have the patience for this BS.

madoka 07-03-2014 10:39 AM

Quote:

Originally Posted by Kevster (Post 14404399)
Well it's been 4 weeks since my lawyer sent the FACTS to the Cal. DOJ (twice) and they have totally ignored us. No answer, no comment, nothing...crickets.

Your tax dollars at work.

And the politician's solution to this problem is more government.

Toy4Rick 07-03-2014 6:35 PM

Speeding ticket 20 years ago and my DROS went straight through and picked up my S&W 686 in 10 days. I asked my FFL (retired ATF) if they were seeing my DOJ delays and he said no

My 26 year old son started his first DROS today, squeaky clean record, doesn't get any cleaner, let's see how it goes for him

Sorry to hear about all the hassles
Rick

Southwest Chuck 07-03-2014 6:47 PM

Quote:

Originally Posted by Kevster (Post 14404399)
Well it's been 4 weeks since my lawyer sent the FACTS to the Cal. DOJ (twice) and they have totally ignored us. No answer, no comment, nothing...crickets.

It's called ...... giving you and your attorney, along with the horse you both road in on, "the bird" :chris:

Except for certain categories, I think we need to get rid of most of the "qualified immunity gov. employees enjoy. They might just start to take their jobs seriously.

low67vdubinnocal 07-17-2014 4:43 PM

Quote:

Originally Posted by Kevster (Post 14492525)
Update (7/17/14 ): CA DOJ tells me (in their own obfuscated lingo) I need to prove my innocence. The "crime" for which they denied me was an arrest (no charges ever filed). They are telling my attorney that I have to prove the charges were dropped. I contacted the District Court (another state) and they told me they don't keep records of cases that were never prosecuted. So I cannot prove innocence of a crime never committed.

My lawyer is going to begin getting a little more firm now. But this is ridiculous.

I'll post back when I know more.

Can't you get a copy Of the Court records ? I got my record Of charges dropped from Queens NY. For $10 faxed it In too DOJ And had my delay lifted a couple hours later. No Lawyer involved.

Sent from my HTC Glacier using Tapatalk 2

low67vdubinnocal 07-17-2014 5:04 PM

Maybe just ask for a letter from the Court or PD. In the State you were snagged In. I just explaned to the Court Clerk when I called I was trying to buy a target rifle for Christmas And the Clerk was super helpful getting the letter back In a week after getting the money order.

Sent from my HTC Glacier using Tapatalk 2

JDay 07-17-2014 5:53 PM

California is not free America, comrade.

Sent from my SGH-T999 using Tapatalk

low67vdubinnocal 07-18-2014 11:24 AM

Did you try faxing that Court paper In ?

Sent from my HTC Glacier using Tapatalk 2

OleCuss 07-18-2014 7:56 PM

I'm glad you have a good lawyer on the case and are being appropriately aggressive.

SkyHawk 07-18-2014 9:30 PM

Kevster, no matter what else you have going with your attorney, you need to file a NICS appeal asap. You can do it online, free, and no fingerprints required. That should help get things cleared up with the FBI. Also apply for a VAF so the FBI can keep records of your appeal results. Send in whatever docs you have showing you were never charged when you file the NICS appeal - the online form lets you upload them. The FBI should send back a document that says you are eligible to purchase and own firearms and an embossed certificate of successful appeal. It can take 60 days.

I'm on my iPad right now or I would get you more info, but just Google "NICS appeal" and "NICS VAF" for the links.

JoeyJ 08-22-2014 12:14 PM

Sorry but I just have to rant for a bit.
I hit my 1 month delay yesterday and another today for a second purchase.

My 1st firearm purchase since moving to CA was July 2012, that took 8 days. Dec 31st 2012 I made another purchase (post Sandy Hook) and purchased another about a month later just to test the delay system. They were both delayed, hmmmm what changed in the time period between July 2012 and Dec 31st 2012? VERY telling. The Dec 31st was released 11 weeks later and the 3rd purchase the next day for about a 7 week delay. Obviously I had no deniable issues. During this delay I was able to speak to a few employees at DOJ and was told that their guidelines had been expanded (Kamala Harris stroke of a pen) and they were now required to investigate any blip on a record and I do have a few going back to the early 70s but no prosecutions, convictions of any kind.

We (veterans) weren't well treated during Viet Nam by some fellow citizens or law enforcement. I spent one weekend in jail simply because I was carrying a Buck folding knife in the belt sheath. I had just finished cleaning some rabbits and quickly ran to Walgreens to pick up some pictures. I was chased down by 2 detectives and literally run off the road on a 3 wheel Harley trike within sight of my house. They wouldn't even allow me to push the trike handcuffed to my driveway, lol Yes, I am a biker too, double whammy, lol. Thankfully the Judge was a veteran and immediately dismissed the case and read the detective the riot act in open court. The charge was unlawfully carrying a deadly weapon in order to be armed. Nice, huh? lol. Different time for sure but these things still happen everyday and follow us.

So now here I am wondering what exactly did the 30 day bill do to help matters? My FFL, Sportsman's Supply in San Jose will not release my firearms and will charge me a re-stocking fee if I cancel my purchases, which I do not intend to do. So what has this bill done to help us again? How about the DOJ? Has it made it faster/better for them to do their job? Obviously nothing and no to both.

Why is/was there no effort to come up with a legal document/process from gun rights groups/representatives to help provide some type of protection to the FFL. A live scan supported legal document that puts all of the responsibility on the purchaser? Unless I had been arrested/convicted of a deniable offence since my last approval it would be clear enough. A supporting live scan would clearly support that also. Sure we can sue all we want and I believe I am covered in the existing suit but we also need to look at ways to provide real solutions in these types of cases. We are letting them win on this one and it pains me to say I am looking for an exit. I've fought the good fight here both financially and as a volunteer but I would rather continue to help fight from another State where I can choose what legal firearms are best suited for MY needs and to also be able to obtain ammo and accessories to support those needs.

Good luck to those of you new to the delay process. The blame for these excessive delays clearly lies with Kamela Harris, her phone and her pen. Hopefully this will be proven out in court eventually but these tactics will continue for as long as they hold the majority in this State but I fear it will need to collapse before there is any real change here. Spending our money to defend the non stop feel good do nothing bills is of no concern to ideologues and this State is rife with them.

Thanks for letting me rant. Time for woods/camping recovery treatment, lol
Joey

M14 Junkie 08-23-2014 5:50 PM

Sorry for your hassles dude but, your post is almost impossible to read all in one paragraph. Frankly, I gave up after a few sentences.

Break up your posts by separating after 3 or 4 sentences. That makes them a whole bunch easier on the eyes to read.

JoeyJ 08-23-2014 7:06 PM

Quote:

Originally Posted by M14 Junkie (Post 14728603)
Sorry for your hassles dude but, your post is almost impossible to read all in one paragraph. Frankly, I gave up after a few sentences.

Break up your posts by separating after 3 or 4 sentences. That makes them a whole bunch easier on the eyes to read.


Thanks for the input but it was just a rant/venting and done in a hurry. The more time I take with a post the more times I have to re-login with this site and half the time you all get lucky and I lose it all and give up, lol.

NannyState 09-11-2014 9:29 PM

I am amazed that TPTB on this forum are so ineffective regarding the unethical strong arm delays (tactics) performed by the California DOJ. I read a lot of tough talk regarding lawsuits and whatnot. I've even received a couple emails from some of you regarding my situation. With all the ads (supporters) on this website you would think we would be farther along, but yet every year it gets worse.

My old man always told me to follow the money and you will get to the root of the problem, and I'm sure this is the case here too.

Someone is making money from all the delays and unfulfilled promises and is laughing all the way to the bank, IMHO.

Sorry for the rant but nothing ever happens and I'm getting frustrated.

realgreenfire 09-21-2014 4:32 PM

is there any update of the status on the lawsuit that was filled in regards to the delay bs that they are doing??

-sorry but there isnt time in life to read the 44 pages of commentary..

nobody_special 10-24-2014 9:05 PM

The lawsuit was apparently dismissed early this year, I assume because the plaintiff's guns were released. I searched but didn't see any announcement or discussion of the dismissal.

Filed: 1/21/2014, Entered: None Court Filing
MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/21/2014: Pursuant to the Notice of Voluntary Dismissal 6 and FRCP 41(a)(1)(A)(i), this case is hereby DISMISSED in its entirety. CASE CLOSED. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 01/21/2014)

PACER 6 Filed: 1/20/2014, Entered: None
NOTICE of VOLUNTARY DISMISSAL by The Calguns Foundation, Inc.. (Otten, Victor) (Entered: 01/20/2014)

SkyHawk 10-25-2014 10:38 AM

Quote:

Originally Posted by nobody_special (Post 15135194)
The lawsuit was apparently dismissed early this year, I assume because the plaintiff's guns were released. I searched but didn't see any announcement or discussion of the dismissal.

Appeal for reinstatement was filed in Sept 2014 in the Schoepf, et. al. vs. Kamala Harris, et. al case. The opening post of this thread cites two cases. Which are you referring to?

http://ottenlawpc.com/otten-law-pc-f...er-gun-delays/

Quote:

Because the lawsuit forced the DOJ to release the holds that it had on the firearms of the seven plaintiffs prior to hearing the writ, Superior Court Judge Carlos A. Cabrera denied the case on the ground that it was “moot”. In doing so, the Judge denied ruling on the deprivation of plaintiffs’ constitutional rights, and there was no consequence to the DOJ for failing to proceed as required by law. Accordingly, we have asked the Court of Appeal to remedy the Judge’s mistake.

nobody_special 10-25-2014 11:47 AM

I was referring to the other case, Owen v. Lindley. So it looks like both were dismissed.


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