DOJ rejected my gun sale for a misdemeanor?

[Rastacarl]

I just puchaced my first Glock 19 and the shop I bought it from called me today letting me know I was rejected by the DOJ. I have a misdemeanor charge for assault and battery for a fight 10 years ago but no felonies. Anyone know what I can do to clear this up with the DOJ so I can buy my gun?

[Bert Gamble]

Someone with more knowledge will chime in soon, but I think the assault and battery is a 10 year ban. Maybe you haven't passed that mark yet. What was your conviction date?

[GMG]

Originally Posted by Rastacarl

I just puchaced my first Glock 19 and the shop I bought it from called me today letting me know I was rejected by the DOJ. I have a misdemeanor charge for assault and battery for a fight 10 years ago but no felonies. Anyone know what I can do to clear this up with the DOJ so I can buy my gun?

Great first post............Welcome aboard !

[Rastacarl]

It was in 2004. So I guess I got another year then if that's the case. I thought if there was no felonies you were good to go.

[Zarovich]

The DOJ crossreferenced ur name here on Calguns and guessed you lied about the whole
No illegal substances checkbox...

[Rastacarl]

LOL! I'm legit man... No illegal substances

[G-forceJunkie]

Originally Posted by Rastacarl

It was in 2004. So I guess I got another year then if that's the case. I thought if there was no felonies you were good to go.

Nope. There are many misdemeanors the prohibit you for life. Some for only 10 years.

[Ricky-Ray]

Maybe Calguns Foundation can help.

http://www.calgunsfoundation.org/get-help/hotline/

[bigchinner]

Maybe it was a felony originally and dropped to a lower charge and still is a "felony" on file? I have no idea. just a thought. good luck

[RickD427]

Originally Posted by Rastacarl

It was in 2004. So I guess I got another year then if that's the case. I thought if there was no felonies you were good to go.

If you were convicted of a misdemeanor assault (240PC) or battery (242PC) within the last ten years, then you're a prohibited person.

No felony required.

Here's the pertinent part of the Penal Code:

"29805. Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, paragraph (1) of subdivision (a) of
Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,
245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or
830.95, subdivision (a) of former Section 12100, as that section read
at any time from when it was enacted by Section 3 of Chapter 1386 of
the Statutes of 1988 to when it was repealed by Section 18 of
Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or
Section 27510, or Section 8100, 8101, or 8103 of the Welfare and
Institutions Code, any firearm-related offense pursuant to Sections
871.5 and 1001.5 of the Welfare and Institutions Code, or of the
conduct punished in subdivision (c) of Section 27590, and who, within
10 years of the conviction, owns, purchases, receives, or has in
possession or under custody or control, any firearm is guilty of a
public offense, which shall be punishable by imprisonment in a county
jail not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
section. However, the prohibition in this section may be reduced,
eliminated, or conditioned as provided in Section 29855 or 29860."

[jdben92883]

Remember your med-card means you're legit inside the state, but you're still violating Fed law. But don't worry...be happy!!

Originally Posted by Rastacarl

LOL! I'm legit man... No illegal substances

[Dantedamean]

Look up the meaning of straw purchase and redact that last post of yours. It's also a crime for a prohibited person to use a firearm.

[5thgen4runner]

Rasta delete that last post.

Sent from five fingers to the face.

[PolishMike]

Originally Posted by Rastacarl

Thanks for the feedback guys. The wife will be purchasing our guns for a year in he mean time.

Wow. Talk about self-incrimination.

Good job.... good job.

Some people are just born winners

Sent from my SCH-I535 using Tapatalk 2

[junior40er]

Yes, you need to delete that ASAP.


Thos who quoted him should delete as well.

[Rastacarl]

Originally Posted by Dantedamean

Look up the meaning of straw purchase and redact that last post of yours. It's also a crime for a prohibited person to use a firearm.

My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.

[glockman19]

Originally Posted by Rastacarl

My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.

YES it is considered a straw purchase. YOU can NOT posess or have access to firearms or ammunition.

[PolishMike]

Originally Posted by Rastacarl

My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.

Dude - You can't TOUCH firearms. You are PROHIBITABIDO

[E Michael]

Popcorn anyone?

[Ninety]

Isn't it a crime to attempt to purchase a gun while being prohibited?

His wife buying a gun for herself is not a straw purchase..

OP you can not have access to said firearm. Very tricky situation. But given the states ability to do its job.. I don't think they will catch this untill 5 yrs down the road.. although they did just steal all that DROS money so maybe they are enforcing going forward..

keep an eye out for those black vans.

[Dantedamean]

Originally Posted by Rastacarl

My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.

She can still legally own a gun, however you can not be able to gain access to it at any time. So from a home defense standpoint, if she wants it loaded on the night stand, you would need to sleep in another room and her door must remain locked and you can not have a key to the room. Now this is only one example, she can keep a small gun safe mounted to the night stand with the gun loaded in it, I believe that satisfies the legal requirements, however you can not know the combination to the safe.

Originally Posted by glockman19

YES it is considered a straw purchase. YOU can NOT posess or have access to firearms or ammunition.

No, it's only a straw purchase if the gun is intended to be used by him. She can still legally buy a gun, however she must keep him from gaining access to it or any parts or ammo. By, for example, keeping it locked up when she is not at the range.

[HappyCamper781]

Currently, California is taking guns away from any household members who cohabitate with a prohibited person.

[200Apples]

You said, "cohabitate". Hee hee hee...

Srsly, tho... this is a serious subject; Rasta, I feel ya, man.

Hang on until you're off The List.

:-)