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  #881  
Old 04-12-2018, 4:14 PM
Hogfarmer Hogfarmer is offline
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Yesterday I went straight to my local assembly members office to speak with a senior field rep, I handed him this letter. He is going to contact the DOJ and ask my disposition be updated and also check if my reduction was coded correctly under prop 64 not prop 47.

These people work for us. My rep is awesome. He knows my intention of gun purchases and is ok with it but I left out any verbiage of gun purchase denial. I wordered more like I couldn't get a ham radio license or a job.

This office knew of my intention to purchase when they had my record amended last August.

My letter to DOJ below.

"I have successfully had a felony redesignated under prop 64. Under Prop 64 the felony should be considered a misdemeanor for all purposes.
I had my DOJ record amended but I am still being denied my constitutional rights and the felony is still showing up in Cal state and Federal back ground checks. I challenged inaccuracies through the proper channels many times.
I believe the felony was improperly recorded/redesignated under the wrong code when I had DOJ record amended.
DISPO reads:
DISPO: Reduced to Misdemeanor
DCN: P234745114$$$$$$$$$

I believe my DOJ record should read or something similar:

DISPO: Redesiginated to Misdemeanor
COM: Purs to Prop 64 Redesignated and amended to 11359 misdemeanor per 11361.8 (F) HS

Please update your system and notify all DOJ databases, also please forward new updated record to FBI and all their data bases. "

Last edited by Hogfarmer; 04-12-2018 at 4:32 PM..
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  #882  
Old 04-12-2018, 4:23 PM
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Originally Posted by grumeazy View Post
The old lady bought her .380 at turners a few months ago and they did mention a restocking fee. If I were to drop her gun and went undetermined on day 30 and couldn't pick it up does she have to dros to get it back ?

sent from the internets
No, the FFL is just facilitating the transfer between her and you. If you are not able to DROS, ownership remains with her. You're just out the $25 (or $35) fee.
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  #883  
Old 04-12-2018, 4:25 PM
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Originally Posted by grumeazy View Post
Mine only says "reduced to misdemeanor" now im wary to DROS.
Hard to say you never know until you try.

I would find a shop who does not charge a restocking fee and release on a undetermined.

In the meantime talk to your local assemblyman's office to challenge what you believe is incorrect. They will contact DOJ on your behalf. I just posted what I am doing few entries above. Let them tell you if you have to fill out the challenge inaccuracies form. The field rep will keep on the DOJ. They helped follow up with DOJ when I first challenged my report. Field rep got me an amended report sent to my house less than two weeks after I contact him.

Last edited by Hogfarmer; 04-12-2018 at 4:32 PM..
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  #884  
Old 04-12-2018, 4:31 PM
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Originally Posted by Hogfarmer View Post
Yesterday I went straight to my local assembly members office to speak with a senior field rep, I handed him this letter. He is going to contact the DOJ and ask my disposition be updated and also check if my reduction was coded correctly under prop 64 not prop 47.

These people work for us. My rep is awesome. He knows my intention of gun purchases and is ok with it but I left out any verbiage of gun purchase denial. I wordered more like I couldn't get a ham radio license or a job.

This office knew of my intention to purchase when they had my record amended last August.

My letter to DOJ below.

"I have successfully had a felony redesignated under prop 64. Under Prop 64 the felony should be considered a misdemeanor for all purposes.
I had my DOJ record amended but I am still being denied my constitutional rights and the felony is still showing up in Cal state and Federal back ground checks. I challenged inaccuracies through the proper channels many times.
I believe the felony was improperly recorded/redesignated under the wrong code when I had DOJ record amended.
DISPO reads:
DISPO: Reduced to Misdemeanor
DCN: P2347451141743001378

I believe my DOJ record should read or something similar:

DISPO: Redesiginated to Misdemeanor
COM: Purs to Prop 64 Redesignated and amended to 11359 misdemeanor per 11361.8 (F) HS

Please update your system and notify all DOJ databases, also please forward new updated record to FBI and all their data bases. "
My rep has been really great as well. Should have gone this route a while ago. The only thing I may change is where you say "amended to 11359" my court minutes say 11359(B), which I think clarifies that it is a misdemeanor. I would still say misdemeanor, but adding the "(B)" may make a difference. Maybe not.

Also, great find on AB 1793. At least if it passes it'll make them get in gear to process these. IT was sponsored by a democrat because it's about reduction of sentencing, not firearm rights.
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  #885  
Old 04-12-2018, 4:46 PM
Hogfarmer Hogfarmer is offline
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Originally Posted by Spazstic View Post
My rep has been really great as well. Should have gone this route a while ago. The only thing I may change is where you say "amended to 11359" my court minutes say 11359(B), which I think clarifies that it is a misdemeanor. I would still say misdemeanor, but adding the "(B)" may make a difference. Maybe not.

Also, great find on AB 1793. At least if it passes it'll make them get in gear to process these. IT was sponsored by a democrat because it's about reduction of sentencing, not firearm rights.
Yeah no kiddin, after some research, Rob Bonta is actually trying to pass another bill making the purchase age 21 for Long guns.
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  #886  
Old 04-12-2018, 4:48 PM
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Originally Posted by Spazstic View Post
My rep has been really great as well. Should have gone this route a while ago. The only thing I may change is where you say "amended to 11359" my court minutes say 11359(B), which I think clarifies that it is a misdemeanor. I would still say misdemeanor, but adding the "(B)" may make a difference. Maybe not.

Also, great find on AB 1793. At least if it passes it'll make them get in gear to process these. IT was sponsored by a democrat because it's about reduction of sentencing, not firearm rights.
I couldn't verify what the (b) status meant so I put misdemeanor after after 11359 in there so they could classify the misdemeanor with proper text however they like. What if (d) was a the symbol for felony lol

Last edited by Hogfarmer; 04-12-2018 at 4:51 PM..
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  #887  
Old 04-12-2018, 4:58 PM
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Originally Posted by Hogfarmer View Post
I couldn't verify what the (b) status meant so I put misdemeanor after after 11359 in there so they could classify the misdemeanor with proper text however they like. What if (d) was a the symbol for felony lol
I believe section (a) is for under 18, (b) is over 18 (both misdemeanors), (c) can be prosecuted as a felony based on the criteria outlined, as well as (d). Which is why it might be best to specify (b).

https://leginfo.legislature.ca.gov/f...9.&lawCode=HSC

ARTICLE 2. Cannabis [11357 - 11362.9]**( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )


**

11359.**

Every person who possesses for sale any cannabis, except as otherwise provided by law, shall be punished as follows:

(a)*Every person under the age of 18 who possesses cannabis for sale shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.

(b)*Every person 18 years of age or over who possesses cannabis for sale shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

(c)*Notwithstanding subdivision (b), a person 18 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if:

(1)*The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code;

(2)*The person has two or more prior convictions under subdivision (b); or

(3)*The offense occurred in connection with the knowing sale or attempted sale of cannabis to a person under the age of 18 years.

(d)*Notwithstanding subdivision (b), a person 21 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if the offense involves knowingly hiring, employing, or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparing for sale, or peddling any cannabis.

(Amended by Stats. 2017, Ch. 27, Sec. 124. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
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  #888  
Old 04-13-2018, 8:26 AM
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I am on my way to mail in my Prop 64 application for redesignation packet to the court. I am having a friend mail in proof of service to the District Attorney. I do have a qualifying offense.
I will keep you all posted.

Wish me luck and blessings!
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  #889  
Old 04-14-2018, 8:52 PM
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Alright...what’s the next step for me? So i found a live scan service that sends you online results within 24hrs and hard copy via mail with 3-5 business days. Of course my fbi record shows my felony still. Also I wanted to know if the other count in my case matters at all if i wasn’t charged for it & only charged for 1 felony?

DE3168F7-ECCC-4CE6-B624-780482284940.jpg
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  #890  
Old 04-15-2018, 5:46 PM
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Originally Posted by pjohnflo View Post
Alright...what’s the next step for me? So i found a live scan service that sends you online results within 24hrs and hard copy via mail with 3-5 business days. Of course my fbi record shows my felony still. Also I wanted to know if the other count in my case matters at all if i wasn’t charged for it & only charged for 1 felony?

Attachment 698890
You need to make sure your CA DOJ record is updated before you worry about your FBI record. The live scan we told you to get is different than the FBI channeler live scan.
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  #891  
Old 04-16-2018, 2:57 PM
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Well I've got some good news.

I spoke with another member today who recently has been able to purchase on delay/undetermined like me. Today, he told me he was able to pickup on day 10.

I called my LGS and asked about the status of my latest purchase. He told me I was good to go. Today is day 11 for this one.
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  #892  
Old 04-16-2018, 3:04 PM
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Originally Posted by harrypotter View Post
Well I've got some good news.

I spoke with another member today who recently has been able to purchase on delay/undetermined like me. Today, he told me he was able to pickup on day 10.

I called my LGS and asked about the status of my latest purchase. He told me I was good to go. Today is day 11 for this one.
That's great news! What do you think the reason is for it?
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  #893  
Old 04-16-2018, 3:08 PM
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Originally Posted by Spazstic View Post
That's great news! What do you think the reason is for it?
Something on the CA DOJ's end. I haven't done anything different or new.
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  #894  
Old 04-17-2018, 5:54 AM
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Quote:
Originally Posted by harrypotter View Post
Well I've got some good news.

I spoke with another member today who recently has been able to purchase on delay/undetermined like me. Today, he told me he was able to pickup on day 10.

I called my LGS and asked about the status of my latest purchase. He told me I was good to go. Today is day 11 for this one.
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  #895  
Old 04-17-2018, 8:53 AM
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Day10 Delivery minus "undetermined" status.
Attached Images
File Type: jpg fullsizeoutput_c57.jpg (19.9 KB, 23 views)
File Type: jpg fullsizeoutput_c1b.jpg (7.8 KB, 21 views)

Last edited by losangeleno; 04-17-2018 at 9:57 AM.. Reason: sdsfgfhg
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  #896  
Old 04-17-2018, 9:11 AM
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Originally Posted by losangeleno View Post
Day Ten.
That is awesome! Congrats!
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  #897  
Old 04-17-2018, 11:11 AM
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omg that's amazing! there's hope! lol
I'm at 6 weeks now on the pistol. checked in and the shop has 4 letters today from the doj confirming undetermined from end of march. my 30 day was beginning of April. hopefully by the end of the week I'll get it?
bought a rifle at another shop, they had to get it shipped in....one of those fancy polymer ones that fold up and have mag storage in the stock and bipod transformer forestocks... they never called to say it was in so after 2 weeks I finally hiked over there too, it was there, and we went to unfold it and the danged thing won't open up all the way! there's interference there. called the manufacturer, the guy was a little incredulous, 'that can't be because we test fire everything'. there was marks inside from opening up, but it sure ain't opening now. sent pics and now I get to ship it back to them for service. ridiculous. maybe I'm just not supposed to actually own a gun, some galactic power wants to keep me away, lol.
My membership to the training facility did clear just fine though, so at least I've got that going for me.
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  #898  
Old 04-17-2018, 11:15 PM
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Originally Posted by Spazstic View Post
That is awesome! Congrats!
Thanx.
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  #899  
Old 04-17-2018, 11:21 PM
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Originally Posted by harrypotter View Post
Well I've got some good news.

I spoke with another member today who recently has been able to purchase on delay/undetermined like me. Today, he told me he was able to pickup on day 10.

I called my LGS and asked about the status of my latest purchase. He told me I was good to go. Today is day 11 for this one.
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  #900  
Old 04-20-2018, 7:01 AM
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Quote:
Originally Posted by harrypotter View Post
Well I've got some good news.

I spoke with another member today who recently has been able to purchase on delay/undetermined like me. Today, he told me he was able to pickup on day 10.

I called my LGS and asked about the status of my latest purchase. He told me I was good to go. Today is day 11 for this one.
Man that's great news !
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  #901  
Old 04-20-2018, 7:01 AM
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Originally Posted by losangeleno View Post
Day10 Delivery minus "undetermined" status.
Awesome !
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  #902  
Old 04-20-2018, 8:04 AM
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The polymer rifle went back to the distributor and I got my money back, was disappointed about that, but I PPT'ed a hunting rifle earlier this week so it'd be nice if I can bring that home in 10 days. Would be hilarious if I bring that home before the pistol, hehe
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  #903  
Old 04-23-2018, 1:18 PM
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Been going trew the prop 64 reduction for over a year since 12/23/16 ive been told its held up with state vrs fed but who no's i try read what i can but still cant find the answer of whats going on. finally i did live scan over a month ago and still no answer, my first one came back in5 days this one is taking a while. It took my chalange 11 months for doj to change my rap and still they say im a felon when i tried to buy a rugar 22 rifle, im new at this calguns site i wish i new how to start a thread
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  #904  
Old 04-23-2018, 1:30 PM
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Originally Posted by hubbabrooks View Post
Been going trew the prop 64 reduction for over a year since 12/23/16 ive been told its held up with state vrs fed but who no's i try read what i can but still cant find the answer of whats going on. finally i did live scan over a month ago and still no answer, my first one came back in5 days this one is taking a while. It took my chalange 11 months for doj to change my rap and still they say im a felon when i tried to buy a rugar 22 rifle, im new at this calguns site i wish i new how to start a thread
I think the typical turnaround time for a Live Scan is 2 weeks, but it depends on which Live Scan you chose. A Firearms Record Review (AB165) can take months.

If you haven't already, read through this thread which gives a good consolidated guide of what to do. If the DOJ has sent you paperwork showing your record has been updated, but you are still denied, it may be time to contact your local state assemblyman or senator. Check that thread out and there is a section on how to go about doing that.
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  #905  
Old 04-23-2018, 1:38 PM
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oh yea my rap sheet reads as follow
solo: reduced to misdemeanor
com: pursuant to prop 64
I'm ready to pull my hair out ive been trying to get my rites restored almost since 1989 when i got in trouble if i new then what i no now i would have never taken that deal they gave me
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  #906  
Old 04-23-2018, 2:41 PM
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Well hot dang, 3 weeks after the 30 days my letter came in and I sent $50 downrange.
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  #907  
Old 04-23-2018, 2:56 PM
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Well hot dang, 3 weeks after the 30 days my letter came in and I sent $50 downrange.
That's great news, congrats!
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  #908  
Old 04-23-2018, 3:03 PM
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I heard back from my Senator's Office. The DOJ sent them the following:

"The Department will review the record and inquire with the appropriate reporting agency, if necessary, in order to amend a record. Therefore we are unable to provide a timeline. Record challenges are processed in date order received and unfortunately there is no mechanism to expedite the process"

Essentially, it seems the DOJ is telling the Senator's Office to tell their constituent to go pound sand. The Senator's Office asked that we give them until the end of May. Frustrating, to say the least, but I am very appreciative of the help from the Senator's Office. Sadly though, not the 2 week turnaround, FBI record and all, that others have reported. It has already been 2 weeks at this point.

Also got a letter from the DOJ saying they received my claim of inaccuracy or incompleteness, and upon the conclusion of the DOJ's findings I would receive a written response. I don't count on this happening quickly.

So... The waiting game continues. :/
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  #909  
Old 04-23-2018, 3:04 PM
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Originally Posted by million_ants View Post
Well hot dang, 3 weeks after the 30 days my letter came in and I sent $50 downrange.
Congrats million_ants!!!
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  #910  
Old 04-23-2018, 3:07 PM
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Originally Posted by Spazstic View Post
I heard back from my Senator's Office. The DOJ sent them the following:

"The Department will review the record and inquire with the appropriate reporting agency, if necessary, in order to amend a record. Therefore we are unable to provide a timeline. Record challenges are processed in date order received and unfortunately there is no mechanism to expedite the process"

Essentially, it seems the DOJ is telling the Senator's Office to tell their constituent to go pound sand. The Senator's Office asked that we give them until the end of May. Frustrating, to say the least, but I am very appreciative of the help from the Senator's Office. Sadly though, not the 2 week turnaround, FBI record and all, that others have reported. It has already been 2 weeks at this point.

Also got a letter from the DOJ saying they received my claim of inaccuracy or incompleteness, and upon the conclusion of the DOJ's findings I would receive a written response. I don't count on this happening quickly.

So... The waiting game continues. :/
I got that same response from the senator's aide. Then I got my amended record a couple weeks later. The senator's aide even followed up to make sure my amended record was received.
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  #911  
Old 04-23-2018, 3:16 PM
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Originally Posted by harrypotter View Post
I got that same response from the senator's aide. Then I got my amended record a couple weeks later. The senator's aide even followed up to make sure my amended record was received.
That's good to hear. Thanks for letting me know. I hope it only take a couple weeks myself.

**Fingers crossed**
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  #912  
Old 04-23-2018, 8:18 PM
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Well hot dang, 3 weeks after the 30 days my letter came in and I sent $50 downrange.
congratulations!!
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Old 04-24-2018, 10:18 AM
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congratulations!!
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Originally Posted by harrypotter View Post
Congrats million_ants!!!
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Originally Posted by Spazstic View Post
That's great news, congrats!
Thanks guys, really appreciate your stories and advice along the way. Very exciting to be able to enjoy this. Have a hunting rifle in lockup and hopefully this weekend I'll get the 10 day call, that would just be the icing at this point.

For everyone just finding this thread, be patient, stick to it, and I'll see you at the range soon.
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