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Old 11-16-2012, 11:52 AM
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Originally Posted by ausala View Post
I understand that Gunsite is an Arizona company, and if they have Cal-DOJ authorization to make the requests or are comfortable in taking the position that Penal Code Section 11125 doesn't apply extraterritorially, they can go ahead and make a request.

However, California Penal Code section 11142 is directed at the individual making the disclosure, not the party requesting it. If Gunsite is an authorized party to receive criminal history info under 11142, there's no problem in giving them the information, but I would verify that to avoid committing a misdemeanor.

I assume Gunsite must have some kind of lawful arrangement to get background information for CA residents, because I'm sure there are plenty of CA people who have attended classes there. But as with all things, I would not follow a practice that seems OK in 49 other states without making sure CA allows it.

ETA: I just looked at Gunsite's application--they aren't requesting the applicant's DOJ background report itself, but a LE agency's statement of no criminal history, which may be sufficiently different to avoid a Public Records Act violation.
And they are not asking to GET the info from CA DOJ themselves. They are asking the applicant to get the info and include it in their application.

If you have a FFL check to see if they will accept that. When I went through Lethal Force Institute they accepted it as a positive background check as well.
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