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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 01-25-2013, 6:10 PM
keystone_lite keystone_lite is offline
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Default help.. i was delayed by the doj..am i banned from buying a gun?

i am a former marine, honorable discharge and a law abiding citizen, how ever when seperating from my daughters mom i ran into a few legal snags. long story short she attacked me one night with a cast iron frying pan and she got a domestic violence charge.. i was charged with disorderly conduct with persistence. also i was charged with recieving stolen property cause her friend was letting me use her tags off of her car then tried to say i stole them.. i did not recieve a felony , only a misdemeaner. these are my only charges.. this all happened late 2000, early 2001 in ohio..ohio did not take away my guns or my gun privilages. this is the first time i am buying a gun in california. so im confused by the delay..i have custody of my child and have been through numerous back ground checks.. i have never felt like a criminal until california put me on delay, i have called and called and called but cannot get through to the doj...any help? ideas? advice?
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Old 01-25-2013, 6:14 PM
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Was there a domestic violence charge?
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Old 01-25-2013, 6:14 PM
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the question they asked you on the federal form that you answer, did you answer no to all expect your buying the gun for yourself? then you should not be barred from buying ANY weapon if you are not a prohibited persons. I dk what to tell you about the delay though
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Old 01-25-2013, 6:21 PM
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she was charged with domestic violence, not I..i was the victum
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Old 01-25-2013, 6:27 PM
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You really need to get them on the phone to figure out what is going on. If you have passed other background checks it could be something as silly as DMV information =/= drivers license info.
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Old 01-25-2013, 6:29 PM
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due to the high volumn they say all calls are being answered by the call center..i cant get through..this is making me very anxious...
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Old 01-25-2013, 6:37 PM
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see this thread:

http://www.calguns.net/calgunforum/s...d.php?t=656150
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Old 01-25-2013, 6:50 PM
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so the doj is making gun purchases difficult? seriously contemplating moving back to ohio!!! any advice as far as attorneys ect?
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Old 01-25-2013, 9:02 PM
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A lot of people have been getting delayed. DOJ claims it is due to the high volume of DROS' that they have been processing, not everyone believes that though.
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Old 01-25-2013, 9:03 PM
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This, as we know seems to be happening more and more. There is a stickied thread. Check there. As far as a lawyer, you are going to have to have some patience and get a hold of them and figure out why before a lawyer can help you. It could be something as simple as an erroneous trigger by the court since you are attatched to a DV incident, drivers license issue, I think he have even heard parking tickets. They want to play a game, all we can do is jump through hoops for now. Best of luck my friend, if everything is as you say, it should be fine I would think after a few calls.
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Old 01-25-2013, 10:53 PM
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Usually if you have had any charges in another state, they will try to contact that municipality to confirm whatever shows up on their computer. I had to wait some time (felt like months) to hear back from a state when I bought my first gun.
Keep calling the DOJ and call the FFL where your firearm is waiting to discuss what, if any, charge he might tack on for holding your weapon for the duration.
With the volume of background checks and the (state and now national) mandates to look into any irregularities, getting your papers in order can take a while, I imagine. Have patience, there are some good things about California, you just won't likely read about them here...
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Old 01-25-2013, 11:13 PM
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My DROS went just fine. I called today, pick ups tomorrow morning. I have no record, not even in another state though. Theyre probably trying to get the skinny from Ohio. Seems to me to be a delay tactic to keep anyone with any kind of record held up in the system, to me.
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Old 01-26-2013, 6:38 AM
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thank you all for the input. i keep trying to call the doj's denial and delayed phone line. but it goes straight to the call center. i got through to the main number at the doj and the woman over the phone told me the denial and delayed section has stopped taking calls.
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Old 02-01-2013, 5:11 PM
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the doj finally called me back and said i should be fine, that they are just back logged and waiting on reply from ohio..just an fyi
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Old 02-01-2013, 6:19 PM
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For future reference if there was a restraining order in place the DOJ, would have to place a hold in order to verify factually that the restraining order no longer stands.

In california if you are a victim or Domestic Violence, typically there is a automatic two year restraining order in place against the convicted person.

Best luck brother. If you are ever up in the SF Bay area lets go shooting.

The mother of my child also was convicted of domestic violence, that is the only reason why I know this info.
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Old 02-01-2013, 6:33 PM
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The phone sucks. Use the fax or express mail. Hopefully you have docs supporting your case. If you don't go pull your stuff from the court yourself.
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Old 02-01-2013, 7:05 PM
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OP, relax! YES they are scrutinizing things a little more. The delay may be them making heads or tails of your problem. This kind of stuff will probably happen nation wide now. They may be waiting for a response from Ohio on the the charges to make things a little more clear.
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Old 02-01-2013, 7:06 PM
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Delays happen, keep talking to the DOJ and push yours to the top of the pile
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Old 02-19-2013, 7:01 PM
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so i wanna be clear, i was initially charged with a domestic violence, ohio intially charged us both. she was convicted of it, i was not, but chargeed with disorderly conduct with persisitance. my attorney in ohio says i am not banned in ohio, its been 30 days since i should have been able to pick up my handgun. i have called the doj, they say they are back logged and waiting on ohio??? i mean , so i should be fine in california to buy and own a handgun?
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Old 02-19-2013, 7:06 PM
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You're probably fine. It is the fact that Ohio probably didn't respond and the DOJ here didn't follow up OR Ohio responded in a week or two and the DOJ just hasn't processed their response. They are swamped.
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Old 02-19-2013, 7:26 PM
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And they want to take money out of the DROS fund. Brilliant.
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Old 02-22-2013, 6:15 AM
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It has been 33 days I should have picked up my glock 30. I was told by the doj that if my attorney had the ohio courts fax my court papers to them it wouudl speed up the process. I paid my attorney in ohio to do so, and still no responce from the doj. Is anyone being approved right now? or is this some ploy to stp all firearm purchases till they pass their new gun laws???
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Old 02-22-2013, 6:48 AM
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good luck.
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Old 02-22-2013, 7:44 AM
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Report it to the Calguns Foundation. The right people are working on this.

http://calgunsfoundation.org/doj
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Old 02-22-2013, 9:13 AM
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Quote:
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Report it to the Calguns Foundation. The right people are working on this.

http://calgunsfoundation.org/doj
This.
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Old 02-26-2013, 6:35 PM
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update. got a cal from the cali doj. said the paperwork my attorney sent helped clear up the the outcome of the domestic violence case amended to disorderly conduct. they said that was the initial block.but now say i have to pass a us 18 screening. so i know, 100 percent i have gun rights in ohio..but im worried about ca.
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Old 03-09-2013, 9:14 AM
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I finally got a release after delay call. I picked up my firearm on wed.!!!
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Old 03-09-2013, 9:49 AM
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Congrats!
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Old 03-12-2013, 7:29 PM
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I'm also going through the same frustration. 10 days ago I purchased a Springfield xd .40 I took the day off today and bought a lot of gear in preparation for my first handgun shooting daubed. My local gun dealer where I purchased my gun called me and said there has been a DELAY from DOJ, my heart dropped! I called the number he gave me, but got nowhere they said they had no info on what, where, when. The lady said all I can do is wait anywhere from a couple of days to a few months. The only thing that I think of that's delaying the purchase is a emergency restraining order from 12/2007 only lasted for 4 days, it was for a domestic violence I wasn't charged with
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