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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #41  
Old 12-20-2012, 5:16 PM
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if you are not locked up in a jail or a mental ward, then you have passed the yearly background check.
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  #42  
Old 12-20-2012, 5:49 PM
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As the post suggests, get names and numbers. All easy attempts without a bureaucrat to tie it too is wasted effort.

Also, I once read in the front of a phone book a disclaimer that a short beep tone may be notice that my call is being recorded, and that continuing the conversation is acceptance.

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  #43  
Old 12-20-2012, 6:40 PM
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I have a feeling they are so backed up they are just delaying dros so that they can take as long as they want and there is nothing to do while it is in "delay" status
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  #44  
Old 12-21-2012, 1:39 AM
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Quote:
Originally Posted by gigglemonkee View Post
I have a feeling they are so backed up they are just delaying dros so that they can take as long as they want and there is nothing to do while it is in "delay" status
You are letting them off too easy. This is new this year.
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  #45  
Old 12-21-2012, 8:52 AM
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Well if any 2A lawyers want to use me to make an example of them it is fine by me.
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  #46  
Old 12-24-2012, 5:14 PM
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Bang bang Calgunners, Hey I'm just following up my closed thread "denied and depressed". After having an Escort MA SA Tac2 delayed for 4 months then finally Denied, I caved in and got a refund from Big5, thanks to them for not charging a restocking fee. But, I feel its partly their fault because they 1st sold me a defective weapon, which was approved and I brought it home, but when I returned it and had to re-DROS for the replacement, thats where I was delayed 4 months, then denied.
Also they (Big5) made a mistake on their (DROS) form and just crossed it out instead of starting a new form. I now have heard that any mistakes on DROS forms will cause scrutiny. I have bought 5 other guns and was a registered "armed security officer", all approved by the BoF and the "Bureau of Security and Investigative Services".
So, I'm bummed out, won't say depressed, as that might imply some mental problems.

But, now I'm wondering whats next. Are they going to try to confiscate my other guns? Will they prosecute me for owning guns when they denied me because they say that I'm a felon? Don't know if you remember, but I was arrested 45 years ago for a youth drug offense, got suspended sentence, did summary probation, paid a fine, got felony reduced to a misdemeanor and dismissed.

Also wondering if BoF can be sued for malice of job performance? Its that same annalist thats been on vacation and has caused grief to many other
DROS applicants. My gut feeling is that she is new and that others were covering for her. The same voice that was on all their phone messages.
Again just my gut feeling, but when she called me to inform of my delay, she had to ask other annalists and finally a supervisor for support and conformation of her decision. All this made me feel that she was a secretary and newly promoted to annalist because of BoF's heavy work load.

Hey, what has been done to me has already been done. I'm just hoping that some of my feelings might help some other member that can afford an attorney and might somehow stick it to the BoF for their lousy job performance.

I understand that I'm new here and don't deserve any consideration, but I do feel that the BOF needs to be spanked as they are way, overstepping their job duties.

potter
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  #47  
Old 12-24-2012, 6:24 PM
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Quote:
Originally Posted by Shrubmaster View Post
I brought it up too, only to be met with countless "black helicopter" replies. Last time I try to keep the calguns community up to date on REAL threats to individuals rights.
Come now, dont give up.
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  #48  
Old 12-26-2012, 7:34 PM
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I was delayed.

Called today and she said there are 9-13 thousand applications coming in PER DAY.

She also said they are on max schedules and can only process about 5000 a day.

This is only an explanation for the past 1.5 weeks.


She told me to give it an additional 7-10 days and it should be GTG, if not call back.

Hope this doesn't happen with my other DROS's. Probably will
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  #49  
Old 12-26-2012, 11:41 PM
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Oh the retards in Sacramento. The DROS fees are supposed to cover the cost of processing the DROS.

10,000 * $35 = $350,000 per DAY

$126 MILLION per year!

Someone had better get off their butt and start hiring more people.
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  #50  
Old 12-26-2012, 11:51 PM
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Originally Posted by mrdd View Post
Oh the retards in Sacramento. The DROS fees are supposed to cover the cost of processing the DROS.

10,000 * $35 = $350,000 per DAY

$126 MILLION per year!

Someone had better get off their butt and start hiring more people.
Wasn't there a new bill passed that reallocated those funds some where else, so they no longer cover the cost of the DROS? I remember reading something about that then I never heard about it again.
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  #51  
Old 12-27-2012, 4:36 AM
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Default What phone number ?

I have been delayed since Dec. 7th. All the numbers I have called only go thru to the message about the hours they will accept calls, so please give me some other numbers that you have gotten thru on. This is driving me crazy. Oh and yes I have e-mailed as well.
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  #52  
Old 12-28-2012, 11:20 AM
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Went to pick up a rifle I bought on 12/17 and got a nice very non specific DOJ form letter saying "DELAY DELIVERY DO NOT RELEASE THE FIREARM UNTIL FURTHER NOTICE FROM DOJ"... I've lived in CA since 1989 and have never even had as much as a parking ticket. Guess I'm going to call them between 2 - 4 pm today to see what they say. Wish me luck.
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  #53  
Old 12-28-2012, 11:32 AM
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Default Good luck

Hey Dusty, good luck, I have been calling them since Dec 7th with no reply. Bought a 10-22 ( 5th gun in last 2.5-3 years from same FFL) on black Fri. and they called the FFL on the 6th with a delay but I never got anything from DOJ just a call from Turner's where I bought the .22. If you get thru let me know what number please. thanks
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  #54  
Old 12-28-2012, 11:59 AM
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I wonder if they are using "delay" as a tactic because they are understaffed and overloaded?
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  #55  
Old 12-28-2012, 12:03 PM
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Attorney General Kamala D. Harris Issues Statement

Friday, December 21, 2012
Contact: (415) 703-5837

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement in response to the National Rifle Association’s press conference:

“It has been a painful week since the horrifying tragedy in Newtown. Instead of reckless calls to saturate our schools with guns, we should remove guns from the hands of dangerous people. California is the only state with a strong program that identifies and disarms prohibited persons, which should serve as a national model. I will strengthen this program and support stricter state and federal legislation, including Senator Feinstein’s effort to pass a federal assault weapons ban.”
Delay, delay, delay . . . . .
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  #56  
Old 12-28-2012, 1:10 PM
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I'm picking up 2 lowers on Jan 3rd and I wonder what will happen since she's submitting the bill that day. But I did purchased a rifle after the shooting and picked up last week without a problem.
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  #57  
Old 12-28-2012, 1:22 PM
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Got thru to the CA DOJ and chatted with a very pleasant gentleman with the BOF who informed me that if you get a delay letter it simply means they are completely backed up and that it is not a denial. I asked for a guesstimate on how long the delay would be and he replied that they "hope" to be caught up by the middle of January. Since that is really close to being 30 days on my dros I asked him if I would have have to resubmit my dros if the delay lasted longer than January 15th and his reply was that right now the 30 day clock is stopped on all "delayed" dros applications, so no I will not be required to resubmit the dros even if it goes into February.

Not sure what all that really means, but I thought I'd pass along the info I that CA DOJ is telling folks.

Hope this helps.

Last edited by Dustyzz; 12-28-2012 at 2:29 PM..
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  #58  
Old 12-28-2012, 2:06 PM
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so basically what we are all looking at is the 10 day waiting period has become longer than ten days? Would you not agree with me in saying this must violate some kind of law? it's become a burden to the buyer rather than a safety issue. do we not have any legal foothold on this issue? since in 40+ other states all they do is make a phone call and there is no waiting period....imagine if you went to the gas station and had to wait ten days for gasoline.... then suddenly the system is burdened with people demanding gas causing waiting periods to climb to 30 days or more.... society would collapse!!! lol

Last edited by violentmouse; 12-28-2012 at 2:07 PM.. Reason: typo
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  #59  
Old 12-28-2012, 2:11 PM
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Quote:
Originally Posted by mrdd View Post
I wonder if they are using "delay" as a tactic because they are understaffed and overloaded?
They are neither understaffed nor overworked overloaded.

This is the State of California we're talking about.
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  #60  
Old 12-28-2012, 2:20 PM
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mrdd meant to say they are OVERPAID and UNDERWORKED
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  #61  
Old 12-28-2012, 4:09 PM
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Quote:
Originally Posted by Dustyzz View Post
Got thru to the CA DOJ and chatted with a very pleasant gentleman with the BOF who informed me that if you get a delay letter it simply means they are completely backed up and that it is not a denial. I asked for a guesstimate on how long the delay would be and he replied that they "hope" to be caught up by the middle of January. Since that is really close to being 30 days on my dros I asked him if I would have have to resubmit my dros if the delay lasted longer than January 15th and his reply was that right now the 30 day clock is stopped on all "delayed" dros applications, so no I will not be required to resubmit the dros even if it goes into February.

Not sure what all that really means, but I thought I'd pass along the info I that CA DOJ is telling folks.

Hope this helps.
This is B.S. Ten days means ten days!
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  #62  
Old 12-28-2012, 4:26 PM
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I dont want to sound like the tin foil hat guy but, Colorado and Cali are having the same problem. Is it possibly a stall tactic?
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  #63  
Old 12-28-2012, 5:19 PM
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Originally Posted by mrdd View Post
This is B.S. Ten days means ten days!
Not unless there's a specified penalty or result in the law. For example, automatic approval if the 10 day limit isn't met, or the applicant gets that one for free. Otherwise, I submit "ten days" means nothing.
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  #64  
Old 12-31-2012, 11:33 AM
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In March I got a "delay delivery" tag to my FFL on an AR lower DROS. It was for a feloney VC arrest in 1971, resolved as a misdemeanor. I attempted to retrieve the records as the DOJ requested but to no avail, as the court purges misdemeanors prior to 1975. I wrote to the DOJ and spelled out what I tried to do and what I was told by the records department. To my surprise a DOJ agent called me (in September) and said it was straightened out, and email sent to the FFL approving the DROS, and in the future I would not have any issues. I went right out and bought a Century SKS to see if there would be a hang up. None (nice Sinobainian too). They made it good and fixed the errors.
FYI $1200 bucks was a lot of ducats in '71 to fix my bad teen age (19)judgement. Thanks Dad. PAX
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  #65  
Old 12-31-2012, 1:00 PM
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Quote:
Originally Posted by madjack956 View Post
I dont want to sound like the tin foil hat guy but, Colorado and Cali are having the same problem. Is it possibly a stall tactic?
Mutually exclusive issues.

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  #66  
Old 01-02-2013, 1:30 PM
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Just called again 2 weeks into delay and have been told I just have to wait and the analysts will get to it when they get to it. Also any firearm purchases I do in meantime will automatically go into delay as well.
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  #67  
Old 01-02-2013, 8:05 PM
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I also spoke to them recently and I was told that if your dros was delayed, they are not even looking at them until gun sales die down. The problem is, they only have 10 days to look at a new request...if they miss one because they are busy reevaluating the delayed requests, there is a potential for someone to slip through who isn't authorized to have one. Please don't read this as "I agree with them", because I dont and I think it is bs. Mine is delayed for an arrest in 1995 that never even went to court because the charges were dropped. I joined the military in 1997 and currently hold an active top secret clearance. I went back to TN last month, got certified/notarized copies of the warrant and disposition, and faxed them over on the 21st of Dec. They will neither confirm that they have received the faxes nor give me any idea of when it will be resolved. I have tried to provide proof of ny TS clearance, and was told I would just have to wait. I have given my info to Brandon, and I encourage everyone else to do the same if you havent already.
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  #68  
Old 01-02-2013, 8:06 PM
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Double Post
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  #69  
Old 01-04-2013, 1:55 PM
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A guy bought an AR off me a couple months ago and is delayed. DOJ keeps tellung him to call this person or that, and they need paperwork for another thing. He is not a prohibited person and they supposedly don't like an arrest (with no conviction, case dismissed) from over 10 years ago.

I'm trying to get him to sign up here so the pros can help him better than I can.
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  #70  
Old 01-04-2013, 4:24 PM
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Found out mine is delayed because of a parking ticket I am disputing in San Diego. Until they clear it up with no time frame I can't pick up my cz or any other firearm I decide to purchase and it can take months with the backlog.
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  #71  
Old 01-04-2013, 4:34 PM
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Originally Posted by clbshooter View Post
I have been delayed since Dec. 7th. All the numbers I have called only go thru to the message about the hours they will accept calls, so please give me some other numbers that you have gotten thru on. This is driving me crazy. Oh and yes I have e-mailed as well.
Just keep calling. I have had to call, hang up, call, hang up, etc for 30 minutes or so until someone answers. If the recording starts to play, hang up and call right back...I look at the recording as a busy signal. Eventually you will get through, but it will be of no use because it will be a guy/girl in another building who will tell you that they are so busy the actual people reviewing the DROS are not taking calls...they will be of little to no help and just tell you that you have to wait. Good luck, and if someone does eventually get through to an agent that can answer questions, PLEASE let us know!!
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  #72  
Old 01-04-2013, 10:46 PM
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I got told that I my dros is being delayed today and when I called the doj they had a message play saying that they are not excepting calls until Jan 14th. I have nothing on my record and have had no tickets of any sort. I think it is bs though.
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  #73  
Old 01-04-2013, 11:16 PM
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I just hope all these cases can be used to knock down the 10-day wait to instant check system.
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  #74  
Old 01-05-2013, 1:55 AM
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1. If the DROS fees are getting sent somewhere else, is there some way to challenge their existence in court? Especially since Yee wants new fees?

2. Other countries like South Africa have used endless and deliberately short-staffed bureaucracy to essentially stop firearm purchases. Is there any way to challenge the CA DROS as a 2A violation? Also, if CA was forces to use the FBI's national system, wouldn't that also put pressure on CA to accept the funding from the 2007 NICS Improvement act, and thus make a strong legal case to force the state to implement a program to restore gun rights on a case-by-case basis to people that were committed under questionable circumstances, or who have been successfully treated to where a prohibition is no longer appropriate?
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  #75  
Old 01-05-2013, 11:57 AM
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I am now on my 76th day in DROS. The person who was my contact can no longer take or make calls . . . I wrote a post here about the "New DROS System", as mentioned to me by a lower-level DOJ Representative . . . do some of you believe me now?!?

I have submitted my info to the CGN Foundation . . . any help would be appreciated.
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  #76  
Old 01-05-2013, 2:23 PM
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Originally Posted by PlayHard View Post
I am now on my 76th day in DROS. The person who was my contact can no longer take or make calls . . . I wrote a post here about the "New DROS System", as mentioned to me by a lower-level DOJ Representative . . . do some of you believe me now?!?

I have submitted my info to the CGN Foundation . . . any help would be appreciated.
Wow, I would be on the phone every 10 minutes arguing with someone.
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  #77  
Old 01-05-2013, 2:56 PM
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I did . . . twice a week, religiously. Now everything goes thru the hotline until 1/14/13.
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  #78  
Old 01-05-2013, 5:54 PM
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Dantedamean---no you would not. This is happening to me and alot of other people. First thing first they WILL not answer the phone. Second if they do call you back after you leave a message or respond to a e-mail the person you are talking to is not the DROS person who is making the decisions just a flunky answering the phone!!!!!!!!!!!!!!!! YOU need to read the threads completely before you make such a rash statement. What you and alot of other fellow gun enthusiasts need to do is search here and read all the posts to really understand what is going on. Oh another thing, are you married, have kids, have a job, have parents that need you, have a dog that needs to go for a walk, need to tend to your yard. When do you have the time to call them between 1 pm and 4PM when they were excepting calls but now say no calls until 1-14-13 but this date will be pushed out as well. Going thru this has made me feel like a criminal but I assure everyone that is not the case with me and most of the people that have been delayed. Think about this and put yourself in our shoes on how you would do anything differently than anyone that this is happening to. Ok end of rant but seriously search the threads and then come to an informed opinion. I am/was a normal tax paying law abiding caring person but what I believe is happening is that CADOJ IS SEEING JUST HOW FAR THEY CAN PUSH THE GOOD PEOPLE OF THIS STATE TO KEEP THEM FROM EXERCISING THEIR 2ND AMENDMENT RIGHTS. Ok now is the end of my rant but this is going to be the norm instead of the exception to all of us.
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Old 01-05-2013, 8:48 PM
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Quote:
Originally Posted by clbshooter View Post
Dantedamean---no you would not. This is happening to me and alot of other people. First thing first they WILL not answer the phone. Second if they do call you back after you leave a message or respond to a e-mail the person you are talking to is not the DROS person who is making the decisions just a flunky answering the phone!!!!!!!!!!!!!!!! YOU need to read the threads completely before you make such a rash statement. What you and alot of other fellow gun enthusiasts need to do is search here and read all the posts to really understand what is going on. Oh another thing, are you married, have kids, have a job, have parents that need you, have a dog that needs to go for a walk, need to tend to your yard. When do you have the time to call them between 1 pm and 4PM when they were excepting calls but now say no calls until 1-14-13 but this date will be pushed out as well. Going thru this has made me feel like a criminal but I assure everyone that is not the case with me and most of the people that have been delayed. Think about this and put yourself in our shoes on how you would do anything differently than anyone that this is happening to. Ok end of rant but seriously search the threads and then come to an informed opinion. I am/was a normal tax paying law abiding caring person but what I believe is happening is that CADOJ IS SEEING JUST HOW FAR THEY CAN PUSH THE GOOD PEOPLE OF THIS STATE TO KEEP THEM FROM EXERCISING THEIR 2ND AMENDMENT RIGHTS. Ok now is the end of my rant but this is going to be the norm instead of the exception to all of us.
Wow dude chill out, first off if you had read the whole thread you would see that I have been posting here since it started as another thread. So yes I understand what is going on, you ever hear the squeaky wheel gets the grease? You bug them enough and maybe they'll get tired of dealing with you, maybe they won't. Sitting there waiting won't do anything.

Don't worry I'll let you know how it goes because I purchased a shot gun a few days ago, it hasn't shipped yet and I haven't been able to start the DROS. However I am fairly certain that it will be delayed as I have a past arrest.
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Old 01-05-2013, 8:56 PM
Citadelonline Citadelonline is offline
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Default A lot of conjecture here

I'd like to hear from, in this thread or a separate thread, individuals who have DROS'd a firearm with no conflicts, delays or questionable denials during the recent time period in question.
A little balance might be useful in characterizing the proportionality, extent and relative number of processing issues being experienced.
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