#42
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sent from the internets |
#43
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I had a friend just go thru it and after it was reduced the public defender who filed it told him he would have to ask the governor for a parden to get his gun rights back. After reading 64 and the replies here I think the PD was wrong. It looks like he has a chance to make it happen.
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#46
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#47
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I ask him and he said PROP. 64. I told him to bring over all his paperwork so I can see it. We can go from there.
Last edited by homelessdude; 06-11-2017 at 5:57 PM.. Reason: caplock error |
#48
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I received my updated Live scan results showing my HS11359 reduced and dismissed per 1203.4. My question to those in the know is this... I was denied DROS in March but since cleared up what I believe was the cause (a lower case number assigned but not addressed in my petition). Is the updated live scan enough evidence to try DROS again and expect DOJ to approve?
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#49
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#51
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sent from the internets |
#54
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Update: (see 17(b) thread for the history)
After contacting my State Senators office they were able to get a response from DOJ that they are doing them in order received and I should have a response in a few weeks. That was on 6/2/17. I waited till last Friday 6/16/17 and let her know I hadn't heard anything. Decided Sunday what the heck it's been a few months and I haven't DROS'd since April. Staff at the LGS wished me luck and hoped 4th times the charm. Senators office emailed Monday saying I would have a response this week. Received email today from DOJ that my response was finished processing on 6/17. No other info in email whether it was changed or not. Called LGS and DROS is still pending. Got home today and went to the mailbox and there it was, that envelope with the DOJ return address I've been anxiously awaiting. Felt like Christmas morning when I still thought Santa left the presents. I opened the letter and stamped in bright red letters at the top "AMENDED"(can't spell it without an amen)! Shows reduced to misdemeanor. Hopefully my next post will be of my SIG that's been sitting in the dealers safe since January. |
#55
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Question... after reading your other thread did you ever hear back from FBI? Last edited by The Papa; 06-22-2017 at 6:15 PM.. |
#57
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Update... I did a DROS on June 23rd and got a notice tonight from my FFL that it was denied. My HS 11359 shows reduced to Misdemeanor and also dismissed per 1203.4 on my live scan dated June 13th. Going to appeal the DROS with a copy of recent livescan highlighting my reduction and copies of court minutes. This is just ridiculous!!!!! Anyone know how long it takes to hear from DOJ on a denied DROS or know anything about how this process is handled and how quickly.
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#58
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#59
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I hope! My FFL is a personal friend so after I get him some copies of what I have he's going to make a call tomorrow for me as well . May or may not help.
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#61
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Will do. I hope you hear something soon as well. The fact that we can't track progress or even speak to someone is very unnerving.
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#62
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NETSPYMAN |
#63
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#64
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After doing the NICS appeal and reading over the instructions I think the fact that I had a failed DROS in March and did not appeal "may be" the reason my last DROS was denied. FBI saw that and said "nope"! Filling out my online appeal I listed both denied DROS numbes and explained why I did not appeal the first and sent docs providing proof of prop 64 reduction AND livescan with updates. Hopefully I get an answer back quickly with a reversal.
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#65
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FBI is actually processing NICS appeals now, and in a relatively timely fashion? Not that long ago a lawyer on ARFCOM was suing the FBI to this end (successfully) for failing to process them at all or, very recently, for not doing it due to years worth of backlog.
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#66
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#67
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I heard that last year when people were rushing to buy before the election FBI had to pull staff from the Appeals Dept. to cover normal processing. But now the rush has slowed down and we have a gun friendly President things have changed. Of course it's all only speculation and no one knows for sure.
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#70
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I'm still waiting on mine. Mine isn't a prop 64 but I was read8ng your other post in another thread and I got the same letter you did from the DOJ on 3/21/17. So hopefully any day now mine will get straightened out and I'll have my Sig also! Congrats again! And to Papa, keep us updated! |
#73
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So apparently crossing states lines is still ambiguous because it's still illegal federally, so long story short it's a gray area is the answer I got. If it's a state police you're probably fine, feds of course you are not because crossing state lines puts you under federal jurisdiction. The chances of a fed sitting at the state line and pulling people over...... You get the idea.
sent from the internets |
#74
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#75
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So nothing is as it seems. I failed the DROS. I contacted senators office and they are working on it. I called the only number I have for a live person at the DOJ and refused to stop calling until I spoke to someone that could help. Finally after 17 calls they let me speak to a supervisor. 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. Clearly they are trying to apply the language of Prop 47 that strictly prohibits firearms rights restorations whereas Prop 64 is for all purposes. Extremely frustrating, re-DROS'd today. An attorney from DOJ was supposed to contact me. That will be 2 weeks ago on Tuesday. Will begin my annoying phone calls again tomorrow morning. Emailed one of the Attorneys that offer to restore firearms rights via Prop 64, he assures me he has been successful in restoring rights, but I have yet to hear from anyone who has actually purchased a gun after a prop 64 reduction. Does anyone know of someone that has been successful? I started my process the Friday after the vote, so I'm pretty sure I'm one of the first to get this far.
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#76
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http://www.courts.ca.gov/documents/p...o-20170522.pdf
See pages 38&43. This isn't a random persons interpretation of the law but actual Cal Justices writing for the state on how cases should be handled. |
#77
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I failed DROS in March (I since went back to court to reduce a lower court case number since the DOJ didnt show a DISPO on that one) and then another DROS in June after my live scan showed my prop 64 reduction. I have appealed that DROS and after reading the NICS appeal process you should do the same. If you fail a DROS and do not appeal then the next time you DROS they see that you have a failed DROS and they don't look any further and deny. At least that's the way I interpreted the instructions regarding the appeal. I havent heard back from DOJ or the FBI after filing my online appeal. |
#78
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Misdemeanor or infraction for all purposes Rev.5/17 38 If the court grants the request to resentence 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 resentencing does not preclude the right to own or possess firearms. (See Pen. Code § 1170.18, subd. (k).) Presumably because section 11361.8, subdivision (b), specifies the petitioner’s felony sentence shall be recalled, the petitioner will automatically be restored of all civil rights which had been denied because of the felony conviction. |
#79
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sent from the internets |
#80
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Greetings, I am new to the forum.
I just received my prop 64 court order reducing 11359 to a misdemeanor. It appears there are still some road blocks! I suppose I will have to wait and see if I can get a gun |
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