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-   -   FUD Warning: LTC Denial Does Not Trigger DROS Prohibition (http://www.calguns.net/calgunforum/showthread.php?t=355291)

Gray Peterson 10-22-2010 11:53 AM

FUD Warning: LTC Denial Does Not Trigger DROS Prohibition
 
I had a conversation with a friend of mine who lives in Alameda County, who is under the following impressions:

That if he applies for a carry license and is denied, he will be unable to possess firearms, either by some imagined DROS prohibition or that "the state will look into his business and deny him."

A few pointers:

The state's DROS prohibitions is very specific, and only triggers for specific criminal convictions or court orders (5150, 5250, etc). A DOJ official cannot determine you ineligible for a firearm just from a general lookover from a CCW application.

This shows some of the mentality of the some of the folks in what I call the "urban dark red" counties of the bay area. They refuse to help because they are too beaten down by decades of dealing with California's regulatory measures on issues other than guns, and with guns too, but are perfectly willing to take advantage of the work that we'll be doing.

Do not believe this FUD. A DOJ rep cannot just decide to make someone ineligible for a firearm just be declaring it so.

cosmos7 10-25-2010 9:21 AM

I can personally attest that this is not the case... I have been denied CCW in CA twice for lack of cause, and have purchased guns afterwards with no problem.

I don't believe denials get reported anywhere except the statewide statistics that are collected...

Matt C 10-25-2010 10:12 AM

If the DOJ actually takes a close look at your records for whatever reason, anything more in depth than the usual DROS computer check, and they turn something up, it could very well result in DROS denial.

For example, if you apply for a guard card and they get a hit on your prints from some old thing, that might be probative (say a 20 year old battery charge that was never prosecuted, but there is no record visible to them of dismissal/acquittal) then you might get a DROS reject on your next try.

In other words if you have some issue they have not found yet, they might not find it on a DROS, but they might find it if they look harder, and then it could cause you problems with DROS. Of course if you can prove you are not prohibited you can probably clear it up with the DOJ, but it might cause a temporary problem. If you can't find the records to clear yourself, or the DOJ gives you a hard time, you may have to get a lawyer to fix it.

A denied CCW application in itself however, should not result in a DROS denial.

dantodd 11-27-2010 7:14 PM

Most counties don't even send in your prints for a background check until they review your good cause. I know there are a few exceptions to this practice but it is the most common.

AceDragon 01-06-2013 4:42 PM

In CA , It's legal to open carry,but unloaded. Last year in Manhatan Beach they had a coulple of days of protest and alot of poeple came out with there side arms unloaded. The Police approaced every one who had a gun in plane sight unloaded and gave out tickets for having a firearm in public. Some had clips with ammo on there waist ban. Those people where arrested. You have to have ammo and gun separate from eachother. F-n loop holes.

ke6guj 01-06-2013 6:27 PM

Quote:

Originally Posted by AceDragon (Post 10130124)
In CA , It's legal to open carry,but unloaded. Last year in Manhatan Beach they had a coulple of days of protest and alot of poeple came out with there side arms unloaded. The Police approaced every one who had a gun in plane sight unloaded and gave out tickets for having a firearm in public. Some had clips with ammo on there waist ban. Those people where arrested. You have to have ammo and gun separate from eachother. F-n loop holes.

wow, a lot of incorrect information in that post.

redhead 01-07-2013 5:35 AM

Quote:

Originally Posted by ke6guj (Post 10131162)
wow, a lot of incorrect information in that post.

Indeed. Ace, you need to read up.

HowardW56 01-07-2013 6:29 AM

Quote:

Originally Posted by AceDragon (Post 10130124)
In CA , It's legal to open carry,but unloaded. Last year in Manhatan Beach they had a coulple of days of protest and alot of poeple came out with there side arms unloaded. The Police approaced every one who had a gun in plane sight unloaded and gave out tickets for having a firearm in public. Some had clips with ammo on there waist ban. Those people where arrested. You have to have ammo and gun separate from eachother. F-n loop holes.

Quote:

Originally Posted by ke6guj (Post 10131162)
wow, a lot of incorrect information in that post.

Quote:

Originally Posted by redhead (Post 10134579)
Indeed. Ace, you need to read up.


Wow, Ace you're a couple years out of date......

Gnmn1 01-16-2013 9:51 AM

Hold on. If that was the case what was the PC for the arrested. If the clips were on their hip then that is considered an unloaded firearm. A loaded firearm per definition consist of a weapon with a loaded magazine in the magwell capable of firing a round.The law states the mag and firearm need to be seperate but it does not state how far apart. If i am wrong please feel free to let me know.

On another note. Is their any law that entered in 2013 that states magazines can no longer be carried loaded in a vehicle? I know weapons need to be in a locked container.


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