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  #241  
Old 09-01-2017, 5:45 PM
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If the background check comes back as unlawful to posses or unable to purchase, somewhere in the fine print you agreed to give up all of your guns, not just the ones you registered through CFARS.
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  #242  
Old 09-01-2017, 7:32 PM
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yea lame...was wanting to get a few of my finished 80% into the serial data base so i wouldn't have to engrave DOJ issued numbers at a later date...but whatever.

Last edited by SP1200SP1200; 09-01-2017 at 7:40 PM..
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  #243  
Old 09-02-2017, 1:47 PM
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I know a guy who got his old Attempted Murder charge quashed enough to get a Guard Card, but can't get Firearm Permit or own guns.

I hear all the Reduction is mostly for employment, but even that is only for jobs were its otherwise OK to be a Felon, just maybe their Ins or something says No.

Its so you can check "no" to 'every been convicted of a felony' when applying to McD's in SF.
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  #244  
Old 09-04-2017, 6:47 PM
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Quote:
Originally Posted by DEFCON ZERO View Post
I know a guy who got his old Attempted Murder charge quashed enough to get a Guard Card, but can't get Firearm Permit or own guns.

I hear all the Reduction is mostly for employment, but even that is only for jobs were its otherwise OK to be a Felon, just maybe their Ins or something says No.

Its so you can check "no" to 'every been convicted of a felony' when applying to McD's in SF.
Not true. Not even close actually. If all you wanted to do was check no on your McD's application, then a dismissal via 1203.4 would suffice - as many of us have done. However, the text of the law in 1203.4 specifically states that firearm rights are not restored.

The redesignation changes the charge to a misdemeanor, and as the law states, for all purposes shall be treated as such - this is to include gun rights. There is either (a) a liberal agenda in the DOJ preventing them from following the law and clearing our record or (b) the DOJ has not been funded and does not have the manpower to manually clear each record with their system as well as the relevant federal systems.
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  #245  
Old 09-05-2017, 5:44 PM
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Quote:
Originally Posted by Nick G View Post
Not true. Not even close actually. If all you wanted to do was check no on your McD's application, then a dismissal via 1203.4 would suffice - as many of us have done. However, the text of the law in 1203.4 specifically states that firearm rights are not restored.

The redesignation changes the charge to a misdemeanor, and as the law states, for all purposes shall be treated as such - this is to include gun rights. There is either (a) a liberal agenda in the DOJ preventing them from following the law and clearing our record or (b) the DOJ has not been funded and does not have the manpower to manually clear each record with their system as well as the relevant federal systems.
(C)They are saying "Sue us if you don't like it"
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  #246  
Old 09-08-2017, 2:15 PM
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losangeleno- Hear anything yet?

I've not seen nor heard anything from my FBI NICS appeal nor my DOJ records appeal.

Anyone else with any updates?
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  #247  
Old 09-08-2017, 2:17 PM
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Nothing here just waiting. Should hear something within the next few years.

sent from the internets
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  #248  
Old 09-08-2017, 4:09 PM
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Originally Posted by grumeazy View Post
Nothing here just waiting. Should hear something within the next few years.

sent from the internets
You're more optimistic than I am.
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  #249  
Old 09-08-2017, 4:26 PM
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Quote:
Originally Posted by Nick G View Post
You're more optimistic than I am.
Lol may be 5 to 10.

sent from the internets
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  #250  
Old 09-14-2017, 7:27 AM
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Default For What It's Worth!

From RGB Law Firm:

August 2017 Note: We have had several clients rejected by NICS after a Prop 64 reduction, while other clients have been able to purchase a firearm after our Prop 64 reduction. We are currently appealing the denials, and believe that NICS is erroneously rejecting some people. Prop 64 is very clear that a reduction/redesignation makes the offense a misdemeanor “for all purposes.” Thus, due to the relative newness of Prop 64, the law with respect to gun *purchasing* after a Prop 64 reduction is in flux. There is, however, no doubt that after a Prop 64 reduction a person may lawfully *possess* and use a firearm -because that person is no longer a felon.]

I am now in Oregon, and will soon try to purchase a hand gun.
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  #251  
Old 09-14-2017, 6:25 PM
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Originally Posted by The Papa View Post
losangeleno- Hear anything yet?

I've not seen nor heard anything from my FBI NICS appeal nor my DOJ records appeal.

Anyone else with any updates?
Papa, has you been to the FBI NICS Appeal web site?
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  #252  
Old 09-14-2017, 6:36 PM
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Quote:
Originally Posted by Dilexi View Post
From RGB Law Firm:

August 2017 Note: We have had several clients rejected by NICS after a Prop 64 reduction, while other clients have been able to purchase a firearm after our Prop 64 reduction. We are currently appealing the denials, and believe that NICS is erroneously rejecting some people. Prop 64 is very clear that a reduction/redesignation makes the offense a misdemeanor “for all purposes.” Thus, due to the relative newness of Prop 64, the law with respect to gun *purchasing* after a Prop 64 reduction is in flux. There is, however, no doubt that after a Prop 64 reduction a person may lawfully *possess* and use a firearm -because that person is no longer a felon.]

I am now in Oregon, and will soon try to purchase a hand gun.
I thoroughly believe that these issues are internal and unless there is an investigation into the way these Prop 64 cases are being recorded by the DOJ there will be continued discrepancies and discrimination against those who have been granted relief.
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  #253  
Old 09-14-2017, 7:25 PM
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Originally Posted by Dilexi View Post
Papa, has you been to the FBI NICS Appeal web site?
Not recently nor since I submitted my NICS appeal. Why?
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  #254  
Old 09-15-2017, 2:55 PM
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Update. I am meeting with an attorney next Friday to file a writ of Mandate (rather than attempt on my own). He's already done this for a few Prop 64 clients that are in the same boat as most of us posting here. All of the courts he's filed in have agreed that the language of Prop 64 is clear it is a misdemeanor for all purposes and have ordered the DOJ to act accordingly. The DOJ is continuing to deny purchases even with the writ of mandate, but it's the step that has to be taken in order to get to the next step, most likely the DOJ filing with the appeals court and it going there. I think they are hoping that it will be too cost prohibitive for someone to keep pushing as their budget is seemingly endless. Going to DROS again tomorrow just to keep one fresh in the system. Will be the 6th attempted purchase of a firearm by a person considered by the DOJ to be prohibited, yet 0 law enforcement contact. Makes me wonder why they aren't following up on that.
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  #255  
Old 09-15-2017, 5:36 PM
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Quote:
Originally Posted by The Papa View Post
Not recently nor since I submitted my NICS appeal. Why?
The FBI NICS Appeal site was down for a time. It is now up again and working on appeals from 2015 ........, as they are back logged. As I understand it, one can file a NICS appeal online.
Information you already know.

https://www.fbi.gov/services/cjis/ni...m-nics-appeals

Last edited by Dilexi; 09-15-2017 at 5:43 PM..
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  #256  
Old 09-15-2017, 6:06 PM
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Quote:
Originally Posted by Kellon View Post
Update. I am meeting with an attorney next Friday to file a writ of Mandate (rather than attempt on my own). He's already done this for a few Prop 64 clients that are in the same boat as most of us posting here. All of the courts he's filed in have agreed that the language of Prop 64 is clear it is a misdemeanor for all purposes and have ordered the DOJ to act accordingly. The DOJ is continuing to deny purchases even with the writ of mandate, but it's the step that has to be taken in order to get to the next step, most likely the DOJ filing with the appeals court and it going there. I think they are hoping that it will be too cost prohibitive for someone to keep pushing as their budget is seemingly endless. Going to DROS again tomorrow just to keep one fresh in the system. Will be the 6th attempted purchase of a firearm by a person considered by the DOJ to be prohibited, yet 0 law enforcement contact. Makes me wonder why they aren't following up on that.
Good point why hasn't law enforcement contacted you?
conjecture?


Quite a Conundrum!

I was convicted HS 11359 in 1995. 6 months at the County Farm, 5 years probation, 80 hours of community service, 6 months in a drug program ( addicted to marijuana) 200 AA /NA meetings I have not been in any trouble since then.


IMHO, after you serve your time and jump through all the hoops...
you are rehabilitated.....22 years later, I will take whatever I can get.

Last edited by Dilexi; 09-15-2017 at 6:20 PM..
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  #257  
Old 09-15-2017, 6:14 PM
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Quote:
Originally Posted by Dilexi View Post
The FBI NICS Appeal site was down for a time. It is now up again and working on appeals from 2015 ........, as they are back logged. As I understand it, one can file a NICS appeal online.
Information you already know.

https://www.fbi.gov/services/cjis/ni...m-nics-appeals
Yes it's been back up for at least most of this year I believe. As far as the back log I believe that is inaccurate information for today. They were back logged due to agents being transferred from appeals to processing when the rush to buy guns last year was happening. I understand that those agents have returned to the appeals division and are processing full tilt again. They are probably still backlogged but not 2 years behind. At least I/we hope not!

Last edited by The Papa; 09-15-2017 at 6:23 PM..
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  #258  
Old 09-18-2017, 7:27 PM
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Just learned that I could petition for resentencing. Depressing to find this. Felony is even messing with an amateur radio license and there's similar holdups with no answers
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  #259  
Old 09-18-2017, 8:02 PM
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Just learned that I could petition for resentencing. Depressing to find this. Felony is even messing with an amateur radio license and there's similar holdups with no answers
Don't wait or beat around the bush. Get going on it. Fairly easy process to do yourself or hire an attorney to get it done. All the forms and instructions should be available on your local superior courts website or at the very least you can find them on the web. The sooner the better regardless of what the DOJ is saying right now regarding restoring firearm rights. Getting it removed from your record should be priority! Once you get your order you're no longer a felon if that's the only troubles you've had.
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  #260  
Old 09-19-2017, 8:16 PM
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On 09/01/2017 I created an account logged on to and used the CRIS/CFARS system to VOLREG a few of my finished 80%ers into the serial data base so I wouldn't have to engrave DOJ issued numbers at a later date. So far the process seems to have been successful and pretty easy (for me). I'm pleased do to the fact I WAS prior to Feb 2017 a felon for 11357(a) Felony possession of Concentrated Cannabis (pree Prop 64) but now seem to have had my full constitutional rights fully restored after filling the proper paperwork with the court clerk.

So I was surprised that everything with my reclassification has seem to go well, I simply was not expecting it too.
I received my "firearm application" letter stating that my 80% (with my own serial numbers) have been recorded into the system.


DOJ/BOF Leter: 1 Page
http://cubeupload.com/im/uSdnSb.jpg


Petition/Application for a Redesignation: Pages 1 and 2
http://cubeupload.com/im/9OFCys.jpg
http://cubeupload.com/im/QzZvTE.jpg


So as far as the state I'm good to go. I have not however tried to DROS a firearm in CA. (Never in my life actually)
So I'm not sure about the federal system. I plan to check my FBI records. Below is the link for FBI ID Summary

https://www.fbi.gov/services/cjis/id...summary-checks

So hopefully this might help some of you who are wondering about the process. I think the problem is there seems to be a number of MJ charges that have now been reclassified and the lawyers are confused about how to go about the process do to how the case was put together by the lawyers, judge, and DA in the beginning. My own lawyer was stuck on if we should continue our 17b, or do a prop 64 reclass. In the end we decided this was best and quickest way for my 11357(a) Felony possession of Concentrated Cannabis because I wasn't going to have to deal with character reference letters and a few more court dates. With this process I didn't have to appear, my lawyer just walked into the court and the clerk signed a bunch of documents and it was done.


Hope this information may help.



.

Last edited by SP1200SP1200; 09-19-2017 at 8:53 PM..
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  #261  
Old 09-20-2017, 8:58 AM
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Quote:
Originally Posted by SP1200SP1200 View Post
On 09/01/2017 I created an account logged on to and used the CRIS/CFARS system to VOLREG a few of my finished 80%ers into the serial data base so I wouldn't have to engrave DOJ issued numbers at a later date. So far the process seems to have been successful and pretty easy (for me). I'm pleased do to the fact I WAS prior to Feb 2017 a felon for 11357(a) Felony possession of Concentrated Cannabis (pree Prop 64) but now seem to have had my full constitutional rights fully restored after filling the proper paperwork with the court clerk.

So I was surprised that everything with my reclassification has seem to go well, I simply was not expecting it too.
I received my "firearm application" letter stating that my 80% (with my own serial numbers) have been recorded into the system.


DOJ/BOF Leter: 1 Page
http://cubeupload.com/im/uSdnSb.jpg


Petition/Application for a Redesignation: Pages 1 and 2
http://cubeupload.com/im/9OFCys.jpg
http://cubeupload.com/im/QzZvTE.jpg


So as far as the state I'm good to go. I have not however tried to DROS a firearm in CA. (Never in my life actually)
So I'm not sure about the federal system. I plan to check my FBI records. Below is the link for FBI ID Summary

https://www.fbi.gov/services/cjis/id...summary-checks

So hopefully this might help some of you who are wondering about the process. I think the problem is there seems to be a number of MJ charges that have now been reclassified and the lawyers are confused about how to go about the process do to how the case was put together by the lawyers, judge, and DA in the beginning. My own lawyer was stuck on if we should continue our 17b, or do a prop 64 reclass. In the end we decided this was best and quickest way for my 11357(a) Felony possession of Concentrated Cannabis because I wasn't going to have to deal with character reference letters and a few more court dates. With this process I didn't have to appear, my lawyer just walked into the court and the clerk signed a bunch of documents and it was done.


Hope this information may help.



.
Awesome! You waited how many months , before CRIS/CFARS system to VOLREG?
Passing DROS will be the litmus test!!
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  #262  
Old 09-20-2017, 12:24 PM
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Is there a way to DROS with actually buying a firearm?
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  #263  
Old 09-20-2017, 12:26 PM
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Quote:
Originally Posted by Dilexi View Post
Awesome! You waited how many months , before CRIS/CFARS system to VOLREG?
Passing DROS will be the litmus test!!
A thread I started with more details and dates.

https://www.calguns.net/calgunforum/....php?t=1379839
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  #264  
Old 09-20-2017, 12:48 PM
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Quote:
Originally Posted by SP1200SP1200 View Post
A thread I started with more details and dates.

https://www.calguns.net/calgunforum/....php?t=1379839
thank you
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  #265  
Old 09-20-2017, 9:39 PM
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Quote:
Originally Posted by Kellon View Post
Update. I am meeting with an attorney next Friday to file a writ of Mandate (rather than attempt on my own). He's already done this for a few Prop 64 clients that are in the same boat as most of us posting here. All of the courts he's filed in have agreed that the language of Prop 64 is clear it is a misdemeanor for all purposes and have ordered the DOJ to act accordingly. The DOJ is continuing to deny purchases even with the writ of mandate, but it's the step that has to be taken in order to get to the next step, most likely the DOJ filing with the appeals court and it going there. I think they are hoping that it will be too cost prohibitive for someone to keep pushing as their budget is seemingly endless. Going to DROS again tomorrow just to keep one fresh in the system. Will be the 6th attempted purchase of a firearm by a person considered by the DOJ to be prohibited, yet 0 law enforcement contact. Makes me wonder why they aren't following up on that.
You are most likely being denied by FED NICS not CA DOJ, the state is telling you that you are prohibited in CA. to purchase being you are prohibited by Federal law. Fed gov. is not recognizing CA. state law.
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  #266  
Old 09-21-2017, 11:49 AM
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Default Prop 64 Felony convictions before 2014

Just for general information.
I talked with The Oregon State Police today.
The Officer I spoke to said I would need to have my criminal record expunged / sealed (misdemeanor)
or vacated, as my felony conviction was prior to 2014.

Citing a PC (I did not write down.)
Conundrum!!
Anyway my next step is PC 1203.4
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  #267  
Old 09-21-2017, 12:25 PM
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Originally Posted by Dilexi View Post
Just for general information.
I talked with The Oregon State Police today.
The Officer I spoke to said I would need to have my criminal record expunged / sealed (misdemeanor)
or vacated, as my felony conviction was prior to 2014.

Citing a PC (I did not write down.)
Conundrum!!
Anyway my next step is PC 1203.4
Doesn't make sense... a misdemeanor does not prohibit you from purchasing a firearm in CA. A felony does. The P64 reduces Felony (as it now inadmissible as a felony charge) to misdemeanor. Does a misdemeanor keep you from purchasing or possessing in Oregon? I'm sure you've shared already but what does your most recent CA live scan show? What about your Oregon live scan?

The 1203.4 will remove the misdemeanor from your record... not the felony.
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  #268  
Old 09-21-2017, 1:00 PM
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Doesn't make sense... a misdemeanor does not prohibit you from purchasing a firearm in CA. A felony does. The P64 reduces Felony (as it now inadmissible as a felony charge) to misdemeanor. Does a misdemeanor keep you from purchasing or possessing in Oregon? I'm sure you've shared already but what does your most recent CA live scan show? What about your Oregon live scan?

The 1203.4 will remove the misdemeanor from your record... not the felony.
Since I no longer have a Felony the misdemeanor charge will be removed.
I challenged The Officer I was talking to - he was convinced in Oregon
I needed to have the charge vacated or dismissed. maybe, I will drive to Yreka next week and get a live scan.
None of this is making sense............I emailed RGB, he did not know why some are go through and some are rejected in California. He is trying to fix it.

I m guessing later convictions are being rejected. Pre 2014
I just do not know! In any case, I can answer, I ve never been convicted of a crime ..........after my record is expunged
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  #269  
Old 09-21-2017, 3:14 PM
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Default Prop 64 Cluster Puck

Papa, I agree .

If the court grants the request to re-sentence the offense as a misdemeanor or infraction, thereafter the crime will be treated as a misdemeanor or infraction for all purposes. Unlike Proposition 47, the re-sentencing does not preclude the right to own or possess firearms. (See Pen. Code § 1170.18(k).)

Not sure why Oregon State Police would assume I m a felon after
Prop 64 reduction. The law is clear. And the 2014 cut-off, is nebulous, and
is not in the "Text" of Prop 64.

As I recall.......someone claimed they called the DOJ and the 2014 cut-off date was given then too. I going back track and see if I cant find the post
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  #270  
Old 09-21-2017, 3:21 PM
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grumeazy posted this response to me 8/4/2017
The DOJ will do what every they want. You will have to file a suit. This is from Kellon's interaction with DOJ:
"Supervisor told me that yes my record shows the reduction, but the DOJ is not recognizing Prop 64 reductions for firearms. I asked for a copy of the document that states this and she couldn't provide one. She kept saying that my charge was too old and the reduction only applies to offenses after November 2015"
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  #271  
Old 09-25-2017, 6:39 AM
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Default Live Scan Tuesday

I m going do Live Scan On Tuesday, and bite the bullet, it cost 50.00.
Suffice to say, I m not overly optimistic.
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  #272  
Old 09-25-2017, 6:58 AM
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Quote:
Originally Posted by Dilexi View Post
I m going do Live Scan On Tuesday, and bite the bullet, it cost 50.00.
Suffice to say, I m not overly optimistic.
If you're going to do it solely for the purpose of firearms eligibility then I would suggest you fill out this form. That way if your record has not yet been amended it will be returned with a NTN# so you can use that number as well for a NICS appeal which can be used to correct the Federal side of this issue we are all dealing with. Whatever you decide... good luck!

http://calgunlaws.com/wp-content/upl...an-Service.pdf
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  #273  
Old 09-25-2017, 9:40 AM
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Quote:
Originally Posted by The Papa View Post
If you're going to do it solely for the purpose of firearms eligibility then I would suggest you fill out this form. That way if your record has not yet been amended it will be returned with a NTN# so you can use that number as well for a NICS appeal which can be used to correct the Federal side of this issue we are all dealing with. Whatever you decide... good luck!

http://calgunlaws.com/wp-content/upl...an-Service.pdf
Thank you! Greatly appreciated
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  #274  
Old 09-25-2017, 5:08 PM
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Quote:
Originally Posted by The Papa View Post
If you're going to do it solely for the purpose of firearms eligibility then I would suggest you fill out this form. That way if your record has not yet been amended it will be returned with a NTN# so you can use that number as well for a NICS appeal which can be used to correct the Federal side of this issue we are all dealing with. Whatever you decide... good luck!

http://calgunlaws.com/wp-content/upl...an-Service.pdf
about NICS appeal... I'm good as far as CA DOJ goes but I have not tried to DROS or check my NICS.

I was going to do an FBI ID check https://www.fbi.gov/services/cjis/id...summary-checks
However the process seems to take 10 to 12 weeks.

Would the above be faster?

Last edited by SP1200SP1200; 09-25-2017 at 5:10 PM..
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  #275  
Old 09-25-2017, 7:27 PM
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Quote:
Originally Posted by SP1200SP1200 View Post
about NICS appeal... I'm good as far as CA DOJ goes but I have not tried to DROS or check my NICS.

I was going to do an FBI ID check https://www.fbi.gov/services/cjis/id...summary-checks
However the process seems to take 10 to 12 weeks.

Would the above be faster?
If you use an FBI Channeler, look them up, you can get your record in a matter of hours if not minutes.

I've done it twice, and both time the results were available by the time I drove home.
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  #276  
Old 09-26-2017, 5:56 AM
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Quote:
Originally Posted by SP1200SP1200 View Post
about NICS appeal... I'm good as far as CA DOJ goes but I have not tried to DROS or check my NICS.

I was going to do an FBI ID check https://www.fbi.gov/services/cjis/id...summary-checks
However the process seems to take 10 to 12 weeks.

Would the above be faster?
See answer below.

Quote:
Originally Posted by JeepFiend View Post
If you use an FBI Channeler, look them up, you can get your record in a matter of hours if not minutes.

I've done it twice, and both time the results were available by the time I drove home.
Hey Jeepfiend- Does the channeler do anything more than obtain and provide your record? Can they or do they assist with corrections that need to be made?
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  #277  
Old 09-26-2017, 6:05 AM
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No, they just do expedited fingerprinting services. They are not a liaison for the FBI.

But once you get the record, you can contact the FBI directly to request any changes. I requested changes from both the FBI and from CA DOJ, and FBI responded about a month faster (and that was before this prop 64 stuff all started). They also send an amended copy of your identity history summary once changes are applied.

I don't know what database they update exactly. After confirmation of federal records update, by both CA DOJ and FBI, I still failed an NICS check because I apparently had a bad record in III.

My personal impression was the only way to be sure your NICS, NCIC, and III databases are up to date is to actually pass a NICS background check.

While I was in CA, I was able to purchase firearms through the CA DOJ POC without issue. So for those saying the Prop 64 is a NICS hold, I'm not so sure. It seemed to me like they only check the NICS for out of state records, but IANAL, just speculating from personal experience.
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  #278  
Old 09-26-2017, 8:48 AM
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Quote:
Originally Posted by JeepFiend View Post
No, they just do expedited fingerprinting services. They are not a liaison for the FBI.

But once you get the record, you can contact the FBI directly to request any changes. I requested changes from both the FBI and from CA DOJ, and FBI responded about a month faster (and that was before this prop 64 stuff all started). They also send an amended copy of your identity history summary once changes are applied.

I don't know what database they update exactly. After confirmation of federal records update, by both CA DOJ and FBI, I still failed an NICS check because I apparently had a bad record in III.

My personal impression was the only way to be sure your NICS, NCIC, and III databases are up to date is to actually pass a NICS background check.

While I was in CA, I was able to purchase firearms through the CA DOJ POC without issue. So for those saying the Prop 64 is a NICS hold, I'm not so sure. It seemed to me like they only check the NICS for out of state records, but IANAL, just speculating from personal experience.
Thank you!!
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Old 09-26-2017, 8:52 AM
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I have a appointment at 1:00 with yreka sheriff live scan, so just go for expedited, okay
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Old 09-26-2017, 9:26 AM
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Quote:
Originally Posted by Dilexi View Post
I have a appointment at 1:00 with yreka sheriff live scan, so just go for expedited, okay
If you mean for FBI, I'm not sure that's the same thing.

There are select FBI channelers:

https://www.fbi.gov/services/cjis/id...er-submissions

With a Channeler, the fingerprints get put run through the database and then you get a link to to download your records when they are available. I don't know how long expedited service through the Sheriff's office takes, but I would venture a guess you'll still be looking at a few days that way. Again, just my $0.02
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