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  #161  
Old 08-06-2017, 2:57 PM
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Have any of you contacted the NRA-ILA or CRPA as for guidance and assistance with this? They weren't very helpful in my situation previously, but this seems like it's a CA wide lawsuit at this point, not just a few cases that can't get past federal limitations

Prop 64 language, as stated previously, is pretty clear. The reduction is for all purposes. I do not read anywhere that there is a begin/effective date in it's retroactive language.

They may not be cheap, but Michel & Assoc. works with the CRPA and NRA-ILA. I would reach out to them en masse and see what they say.

I know I'd be willing to donate to a gofundme account. And I'm sure there are others too.

Anyway, just throwing it out there...

Wish you all the best of luck in this endeavor. Personally, I still find it a little ludicrous that the government can outlaw a plant.

Last edited by JeepFiend; 08-06-2017 at 2:59 PM..
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  #162  
Old 08-07-2017, 5:21 AM
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I'd donate as well.
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  #163  
Old 08-07-2017, 8:13 AM
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I will donate too.
The Papa, maybe close to being approved? I think, he is waiting for a correction on his record from the DOJ?
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  #164  
Old 08-07-2017, 2:07 PM
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I will donate too.
The Papa, maybe close to being approved? I think, he is waiting for a correction on his record from the DOJ?
Losangeleno is further than I am. He has both CA and Fed records amended and still got denied. I only have a NICS appeal in process with all supporting documents sent. Problem is my livescan only shows dismissed but no felony reduction per prop 64. Sooooooo I'll send them more documents
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  #165  
Old 08-07-2017, 2:15 PM
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All I've got is a court order. My live scan of course showed nothing other than the original charge. Sent the appeal to DOJ June 5th, got a letter July 5th saying its in process. That's it.
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  #166  
Old 08-07-2017, 6:23 PM
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Not yet no. I am planning on it.

sent from the internets
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  #167  
Old 08-08-2017, 5:29 AM
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Keep in mind, getting your records updated with CJIS does not mean you'll pass a background check with NICS.

NICS checks 3 databases: NCIC, III, and NICS index.

I had updated my CA records and CJIS records, but when I got the data from my denial, apparently there was still something showing on the III database.

Also, my understanding (although I have no factual evidence) is that if you fail a NICS check, your name gets flagged/added (perhaps in the NICS database) to a list of prohibited people until you successfully appeal.

But I thought I had my tracks covered by getting my livescan and Identity History Summary updated. Turns out that doesn't necessarily do it, which is why I'm a proponent of the PFEC now. Once you've done the footwork, the PFEC lets you know the states opinion on your eligibility. If the state says you're legal, good chance the feds will recognize it.
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  #168  
Old 08-08-2017, 5:44 AM
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Originally Posted by JeepFiend View Post
Keep in mind, getting your records updated with CJIS does not mean you'll pass a background check with NICS.

NICS checks 3 databases: NCIC, III, and NICS index.

I had updated my CA records and CJIS records, but when I got the data from my denial, apparently there was still something showing on the III database.

Also, my understanding (although I have no factual evidence) is that if you fail a NICS check, your name gets flagged/added (perhaps in the NICS database) to a list of prohibited people until you successfully appeal.

But I thought I had my tracks covered by getting my livescan and Identity History Summary updated. Turns out that doesn't necessarily do it, which is why I'm a proponent of the PFEC now. Once you've done the footwork, the PFEC lets you know the states opinion on your eligibility. If the state says you're legal, good chance the feds will recognize it.
Yes on the bold text above. If you read the instructions for the NICS appeal process it is very clear that any DROS attempts that were previously denied should be included in your appeal.
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  #169  
Old 08-08-2017, 2:44 PM
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JeepFiend, Well now that i have received my Ca. DOJ(BOF) denial letter all it states for the reason of denial is :Felon, It does not give any indication as to which Gov. entity denied me, The Ca. DOJ(BOF) nor (NICS). The letter came with a DOJ(BOF) AB165 form which from what i gather is a live scan for them to match my fingerprints and to compare records. I would suspect and hope when i get a response back it will include an answer as to who i was denied from. I filled out the AB1665 & sent my live scanned fingerprints as requested per the instructions on the form. BTW, I also submitted a PFEC awhile back and suspect that may say "not eligible" but who knows. Prop 64 is getting no love.
I just did an AB165 and got it back in about 2 weeks. It's basically a live scan to find out if you're eligible to possess firearms. Mine said no because my fingerprints matched to an existing California criminal record and they sent me copy of the records they used to determine their findings which was the exact same live scan results I did 2 months ago. Today I sent certified mail copies of both my Prop 64 felony reduction (which they still haven't recorded properly) and my dismissal per 1203.4 which they do have recorded properly. I think it's funny (OK NOT REALLY) that both were done on the same day and they have recorded one but not the other.
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  #170  
Old 08-08-2017, 2:57 PM
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GRUMEAZY, I submitted a DOJ claim form to the DOJ records review unit with a copy of my felony reduction judgment order from the court to challenge the accuracy & completness of my criminal record to reflect the reduction. This was done a little over a month ago. about a week ago i emailed them for a status report and recived an email stating they are in the process of reviewing my claim. guess it should be showing up soon so i can move on with the next step. and i hope i don't have to get an attourny for any of this bull****.
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Originally Posted by losangeleno View Post
JeepFiend, Well now that i have received my Ca. DOJ(BOF) denial letter all it states for the reason of denial is :Felon, It does not give any indication as to which Gov. entity denied me, The Ca. DOJ(BOF) nor (NICS). The letter came with a DOJ(BOF) AB165 form which from what i gather is a live scan for them to match my fingerprints and to compare records. I would suspect and hope when i get a response back it will include an answer as to who i was denied from. I filled out the AB1665 & sent my live scanned fingerprints as requested per the instructions on the form. BTW, I also submitted a PFEC awhile back and suspect that may say "not eligible" but who knows. Prop 64 is getting no love.
Contact them, if by letter send it certified, and politely ask if the felony given for the denial is the same matter reduced per the court order provided to the Department of Justice on (the date you sent it) and of which an additional copy is attached. If it is, ask for an explanation as to why DROS has been denied.
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  #171  
Old 08-08-2017, 3:56 PM
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On to the next step. After speaking with multiple attorneys none seem to have any clients that have actually purchased a firearm after a reduction. No one has contacted me once they have relized I'm seeking more than just some paperwork done. Do not pay an attorney to get to where I am. If you are here and did something that Prop 64 reduces, you already have enough experience with the courts to be able to get to the point of having everything recorded and amended. Message me if you have any questions. My next step will be to file a writ of mandamus with the court that did my original stuff on Monday 8/14/17. I know the DOJ in the past has argued against petitioners saying the court does not have standing as the administrative hearing process was not done first. But I believe that, since the administrative hearing is only for purposes of challenging the accuracy of the record and my record accurately states a reduction to a misdemeanor, that this is a matter of the DOJ failing to properly enforce the law. I'm not an attorney, but I did pass my first two years of law school. While it might not mean much, if you would like to have your name listed as a "real party in interest" send it to me and I will include it. Not sure my judge from Butte County can do much for any other counties, but since your rights are involved and you stand to gain from the decision of the petition it *should* (again not a lawyer, but more than 1/2 way there) work the same as being a member of a class action law suit. I contacted the NRA today just to make sure I don't screw up anything they may already be working on. It is difficult to believe we live in a time and place where the people that control our freedom are able to do so with out any recourse, but I also realize that the computers make the decisions at this point and the person telling the computer what decision to make hasn't been told to update the system.
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  #172  
Old 08-08-2017, 4:09 PM
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On to the next step. After speaking with multiple attorneys none seem to have any clients that have actually purchased a firearm after a reduction. No one has contacted me once they have relized I'm seeking more than just some paperwork done. Do not pay an attorney to get to where I am. If you are here and did something that Prop 64 reduces, you already have enough experience with the courts to be able to get to the point of having everything recorded and amended. Message me if you have any questions. My next step will be to file a writ of mandamus with the court that did my original stuff on Monday 8/14/17. I know the DOJ in the past has argued against petitioners saying the court does not have standing as the administrative hearing process was not done first. But I believe that, since the administrative hearing is only for purposes of challenging the accuracy of the record and my record accurately states a reduction to a misdemeanor, that this is a matter of the DOJ failing to properly enforce the law. I'm not an attorney, but I did pass my first two years of law school. While it might not mean much, if you would like to have your name listed as a "real party in interest" send it to me and I will include it. Not sure my judge from Butte County can do much for any other counties, but since your rights are involved and you stand to gain from the decision of the petition it *should* (again not a lawyer, but more than 1/2 way there) work the same as being a member of a class action law suit. I contacted the NRA today just to make sure I don't screw up anything they may already be working on. It is difficult to believe we live in a time and place where the people that control our freedom are able to do so with out any recourse, but I also realize that the computers make the decisions at this point and the person telling the computer what decision to make hasn't been told to update the system.
This is such a bad idea for what may be the best of reasons. Talk with someone at your law school about what you can do as a student as far as representing yourself and others. By edit, I would add that what I wrote may seem harsh. You may well find that one of your professors, especially if your school has a clinic program, can guide you through the intricacies of the law.

Last edited by Chewy65; 08-09-2017 at 10:28 AM..
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  #173  
Old 08-09-2017, 11:55 AM
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On to the next step. After speaking with multiple attorneys none seem to have any clients that have actually purchased a firearm after a reduction. No one has contacted me once they have relized I'm seeking more than just some paperwork done. Do not pay an attorney to get to where I am. If you are here and did something that Prop 64 reduces, you already have enough experience with the courts to be able to get to the point of having everything recorded and amended. Message me if you have any questions. My next step will be to file a writ of mandamus with the court that did my original stuff on Monday 8/14/17. I know the DOJ in the past has argued against petitioners saying the court does not have standing as the administrative hearing process was not done first. But I believe that, since the administrative hearing is only for purposes of challenging the accuracy of the record and my record accurately states a reduction to a misdemeanor, that this is a matter of the DOJ failing to properly enforce the law. I'm not an attorney, but I did pass my first two years of law school. While it might not mean much, if you would like to have your name listed as a "real party in interest" send it to me and I will include it. Not sure my judge from Butte County can do much for any other counties, but since your rights are involved and you stand to gain from the decision of the petition it *should* (again not a lawyer, but more than 1/2 way there) work the same as being a member of a class action law suit. I contacted the NRA today just to make sure I don't screw up anything they may already be working on. It is difficult to believe we live in a time and place where the people that control our freedom are able to do so with out any recourse, but I also realize that the computers make the decisions at this point and the person telling the computer what decision to make hasn't been told to update the system.
Greetings,
I called recordbegone and they claimed , they have restored 2A rights under Prop 64
I don't know what to think!?
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  #174  
Old 08-09-2017, 12:34 PM
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Greetings,
I called recordbegone and they claimed , they have restored 2A rights under Prop 64
I don't know what to think!?
Why not call Michelle & Associates, Jason Davis's law firm, or another of the known to be reputable to Calguns lawyers. Don't ask a call screener at some unknown outfit if they have restored 2A rights under 64, but specifically ask if they have gotten the DOJ to approve the DROS of an individual who's felony was reduced or dismissed under proposition 64. If whoever you are speaking with doesn't grasp what you are talking about, politely ask to speak with someone else or move on.
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  #175  
Old 08-09-2017, 1:32 PM
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Originally Posted by Chewy65 View Post
Why not call Michelle & Associates, Jason Davis's law firm, or another of the known to be reputable to Calguns lawyers. Don't ask a call screener at some unknown outfit if they have restored 2A rights under 64, but specifically ask if they have gotten the DOJ to approve the DROS of an individual who's felony was reduced or dismissed under proposition 64. If whoever you are speaking with doesn't grasp what you are talking about, politely ask to speak with someone else or move on.
Thanks I will call Jason Davis
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  #176  
Old 08-09-2017, 1:40 PM
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Originally Posted by Chewy65 View Post
Why not call Michelle & Associates, Jason Davis's law firm, or another of the known to be reputable to Calguns lawyers. Don't ask a call screener at some unknown outfit if they have restored 2A rights under 64, but specifically ask if they have gotten the DOJ to approve the DROS of an individual who's felony was reduced or dismissed under proposition 64. If whoever you are speaking with doesn't grasp what you are talking about, politely ask to speak with someone else or move on.
I called Jason Davis Law Firm. They have attempted Getting 2A rights restored under Prop 64 and have been rejected. I was told they may sue the DOJ.
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  #177  
Old 08-09-2017, 1:53 PM
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There you go. It would be nice to know the basis the DOJ has given Jason for refusing to restore gun rights. It is possible that it hasn't even yet advised Mr. Davis, but he should be more than capable of discovering the same.
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  #178  
Old 08-09-2017, 2:05 PM
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Not sure. He did use the words "rejected" Prop 64
Thanks, for the advise
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  #179  
Old 08-12-2017, 1:17 PM
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Received an email yesterday from the senators office that the lady I have been in contact with and the deputy chief of staff are working on a written request to clarify policy. This will at least force the attorney general and the DOJ to put in writing their view on the law. Hopefully it's the interpretation that we've all been led to believe, and that it gets passed on to the record review department. If not at least we'll have an idea of why not and something to challenge. I'll do my best to keep you updated, but if you're bored you can always check here for updates - https://oag.ca.gov/opinions/monthly-report
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  #180  
Old 08-12-2017, 2:53 PM
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Originally Posted by Kellon View Post
Received an email yesterday from the senators office that the lady I have been in contact with and the deputy chief of staff are working on a written request to clarify policy. This will at least force the attorney general and the DOJ to put in writing their view on the law. Hopefully it's the interpretation that we've all been led to believe, and that it gets passed on to the record review department. If not at least we'll have an idea of why not and something to challenge. I'll do my best to keep you updated, but if you're bored you can always check here for updates - https://oag.ca.gov/opinions/monthly-report
Thanks Kellon,
The language of the law is clear. We just have to be patient.

Last edited by Dilexi; 08-12-2017 at 2:53 PM.. Reason: Misspellings
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  #181  
Old 08-12-2017, 7:40 PM
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Defense Attorneys know what the law says. District Attorneys know what the law says. Public Defenders know what the law says. Probation Departments know what the law says. Judges know what the law says. Law enforcement officers know what the law says. Even our AG Becerra knows what the law says because he's been very bold against Trump in defending legalizing marajuana but somehow the DOJ can't quite figure it out????? Go figure.
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  #182  
Old 08-12-2017, 9:31 PM
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Defense Attorneys know what the law says. District Attorneys know what the law says. Public Defenders know what the law says. Probation Departments know what the law says. Judges know what the law says. Law enforcement officers know what the law says. Even our AG Becerra knows what the law says because he's been very bold against Trump in defending legalizing marajuana but somehow the DOJ can't quite figure it out????? Go figure.
The rule of law has been changed. Imagine , the will
Of people voted in the new law and now the establishment has to enforce it! I M sure there are some pissed off Government Officials on this one.....you know decriminalising thousands of felons!
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  #183  
Old 08-13-2017, 8:08 AM
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The rule of law has been changed. Imagine , the will
Of people voted in the new law and now the establishment has to enforce it! I M sure there are some pissed off Government Officials on this one.....you know decriminalising thousands of felons!
my mistake. Reduced felony to a misdemeanor, not decriminalize
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  #184  
Old 08-13-2017, 9:15 PM
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they(politicians)could care less about our felony reductions, as long as they are lining their pockets with Pot tax money.
Agreed, mo money. The AG / DOJ are not cooperating with the peasants or so it appears
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  #185  
Old 08-15-2017, 2:12 PM
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First of all thank you everyone who has posted the crazy process and journey.

While reading this forum Im pretty skeptical of my journey.
I was charged w/ felony HS11359 in 2013 was 2 years into my 3 year probation, petitioned the courts successfully for Prop 64 Misdemeanor reduction which was granted March 1st of this year.
This is all in LA County and I still live in LA County.
ATTEMPTED GUN PURCHASE TIMELINE:
I went to the local gun shop and purchased a pistol on 8/1.....
3 days later the gun shop owner called me and said that the DOJ put me on a 30 day review hold he also tells me that others have been in same EXACT situation as me ( i explained my situation upon purchase) and most likely it will not be a problem and others have been approved AND others have went past the 30 day mark which in turn he releases the firearm to the purchaser on the 31st day.

Yesterday I received a letter from bureau of firearms stating that a 30 day hold has been placed for further investigation and if a decision has not been made it by the 30 day mark the decision to release the gun to me is up to the FFL dealer. ( i have no idea what this means but this is what it says seems to correlate to what the gun owner tells me.)

Reading everything here leaves me to believe my 2A might have gotten restored but at this point who knows and I dont know why mine or others get approved while others do not.
Seems like the DOJ is having a harder time approving older archived cases who knows just a theory.

I'll keep everyone posted.

Good luck everyone!
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  #186  
Old 08-15-2017, 3:47 PM
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Originally Posted by lmarl72936 View Post
First of all thank you everyone who has posted the crazy process and journey.

While reading this forum Im pretty skeptical of my journey.
I was charged w/ felony HS11359 in 2013 was 2 years into my 3 year probation, petitioned the courts successfully for Prop 64 Misdemeanor reduction which was granted March 1st of this year.
This is all in LA County and I still live in LA County.
ATTEMPTED GUN PURCHASE TIMELINE:
I went to the local gun shop and purchased a pistol on 8/1.....
3 days later the gun shop owner called me and said that the DOJ put me on a 30 day review hold he also tells me that others have been in same EXACT situation as me ( i explained my situation upon purchase) and most likely it will not be a problem and others have been approved AND others have went past the 30 day mark which in turn he releases the firearm to the purchaser on the 31st day.

Yesterday I received a letter from bureau of firearms stating that a 30 day hold has been placed for further investigation and if a decision has not been made it by the 30 day mark the decision to release the gun to me is up to the FFL dealer. ( i have no idea what this means but this is what it says seems to correlate to what the gun owner tells me.)

Reading everything here leaves me to believe my 2A might have gotten restored but at this point who knows and I dont know why mine or others get approved while others do not.
Seems like the DOJ is having a harder time approving older archived cases who knows just a theory.

I'll keep everyone posted.

Good luck everyone!
Really? Keep us posted. So far everyone has been denied. I'd like to see the letter. Not that I don't believe you but you're the first that we know of that has even been put on hold without a flat out DENIED! Maybe they're getting tired of all the appeals, phone calls, and time spent doing unnecessary background checks when they could be just approving DROS apps and making money instead of spending it.
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  #187  
Old 08-15-2017, 5:38 PM
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I am not sure, but did all the persons that have been flat denied have convictions for possession dismissed, but this guy simply had a possession with intent to sell recharacterized as a misdemeanor?
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  #188  
Old 08-15-2017, 5:52 PM
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Originally Posted by lmarl72936 View Post
First of all thank you everyone who has posted the crazy process and journey.

While reading this forum Im pretty skeptical of my journey.
I was charged w/ felony HS11359 in 2013 was 2 years into my 3 year probation, petitioned the courts successfully for Prop 64 Misdemeanor reduction which was granted March 1st of this year.
This is all in LA County and I still live in LA County.
ATTEMPTED GUN PURCHASE TIMELINE:
I went to the local gun shop and purchased a pistol on 8/1.....
3 days later the gun shop owner called me and said that the DOJ put me on a 30 day review hold he also tells me that others have been in same EXACT situation as me ( i explained my situation upon purchase) and most likely it will not be a problem and others have been approved AND others have went past the 30 day mark which in turn he releases the firearm to the purchaser on the 31st day.

Yesterday I received a letter from bureau of firearms stating that a 30 day hold has been placed for further investigation and if a decision has not been made it by the 30 day mark the decision to release the gun to me is up to the FFL dealer. ( i have no idea what this means but this is what it says seems to correlate to what the gun owner tells me.)

Reading everything here leaves me to believe my 2A might have gotten restored but at this point who knows and I dont know why mine or others get approved while others do not.
Seems like the DOJ is having a harder time approving older archived cases who knows just a theory.

I'll keep everyone posted.

Good luck everyone!
greetings, and welcome! which gunshop can verify a prop 64 gun purchase?
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  #189  
Old 08-15-2017, 6:51 PM
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I am not sure, but did all the persons that have been flat denied have convictions for possession dismissed, but this guy simply had a possession with intent to sell recharacterized as a misdemeanor?
He was charged with HS11359 which is possession of marajuana with intent to sell. Prior to prop 64 that was a straight felony (no wobbler)... after Prop 64 it became a misdemeanor. All of us here have petitioned the courts to have our felonies "reclassified" as misdemeanors. Personally I went ahead and then had my misdemeanor expunged.

How Prop 64 works is the charges for certain crimes prior to Prop 64 passing now become invalid charges because the penalties have been reduced to misdemeanors, infractions and in some cases no longer a crime at all. Basically for the DOJ to not recognize the petitions FOR ALL PURPOSES would be them seeking vengeance to past offenders but not to those charged after the proposition passed.
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  #190  
Old 08-16-2017, 8:14 AM
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Originally Posted by The Papa View Post
Really? Keep us posted. So far everyone has been denied. I'd like to see the letter. Not that I don't believe you but you're the first that we know of that has even been put on hold without a flat out DENIED! Maybe they're getting tired of all the appeals, phone calls, and time spent doing unnecessary background checks when they could be just approving DROS apps and making money instead of spending it.
Indeed! I have the letter at home.. Im at work when i get home, i'll take a pic and upload it for you guys!!!
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  #191  
Old 08-16-2017, 8:18 AM
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Originally Posted by Dilexi View Post
greetings, and welcome! which gunshop can verify a prop 64 gun purchase?
The Vault in Lancaster.. The owner basically told me that they get that "30 day hold" often and they dont know exactly what the hold is for other then what purchasers have told them but lots go through.. Who knows. Either way i'll def keep you guys posted.
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Old 08-16-2017, 8:29 AM
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He was charged with HS11359 which is possession of marajuana with intent to sell. Prior to prop 64 that was a straight felony (no wobbler)... after Prop 64 it became a misdemeanor. All of us here have petitioned the courts to have our felonies "reclassified" as misdemeanors. Personally I went ahead and then had my misdemeanor expunged.

How Prop 64 works is the charges for certain crimes prior to Prop 64 passing now become invalid charges because the penalties have been reduced to misdemeanors, infractions and in some cases no longer a crime at all. Basically for the DOJ to not recognize the petitions FOR ALL PURPOSES would be them seeking vengeance to past offenders but not to those charged after the proposition passed.
My arrest was actually in 2012. I went to jail, was released a day later the DA decided not to charge me, weeks later DA changed her mind and decided to charge me, arrest warrant was issued i was on the Lam for a year then got pulled over and arrested went to jail, bonded out, went to court, plead guilty, sentenced to felony 3 years probation, 60 days community labor 12 drug education classes. with a little more then a year left on my probation, i petitioned the courts to reduce me to a misdemeanor which was granted however judge was SUPER MAD i didnt complete or even start my community labor and sentenced me to 120 days in jail, i surrendered to the courts 3 weeks later as planned w/ the judge to start my 120 days in jail, was released SAME DAY due to overcrowding (yea crazy, did 28 hours time served for the 120 days sentence).
Just an FYI, in May i attempted to enter Canada (just to go in and right out to see if my felony was indeed reduced 2 months after my jail sentence) the Canadian border guards denied me entry because my records showed couple things pending.. they said it DIDNT show a felony conviction but said it showed that there was a felony court case in progress so who knows.
The system is really messed up here in CA.
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  #193  
Old 08-16-2017, 1:09 PM
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The Vault in Lancaster.. The owner basically told me that they get that "30 day hold" often and they dont know exactly what the hold is for other then what purchasers have told them but lots go through.. Who knows. Either way i'll def keep you guys posted.
Thank you!!
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  #194  
Old 08-21-2017, 2:07 PM
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Submitted a petition back in May and just had it granted. Had a 1203.4 done in 2008. The court notified the DOJ last week; was hoping to buy a gun soon.
Disappointed from what I've read here, but REALLY grateful at all the work everyone has done so far and for sharing your experiences. Especially Kellon, The Papa, and losangeles. Hopefully we can find a path forward without needing to sue the DOJ. I'll be mailing my local representatives in the time being.

I also think I'll be waiting to DROS, it seems you want to have your ducks in a row before getting your rejection and needing to appeal. Either that, or you need to be rejected in order to appeal. I read through all the posts in this thread, and that's what I gather. Confusing to say the least.
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Old 08-21-2017, 4:23 PM
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Originally Posted by Nick G View Post
Submitted a petition back in May and just had it granted. Had a 1203.4 done in 2008. The court notified the DOJ last week; was hoping to buy a gun soon.
Disappointed from what I've read here, but REALLY grateful at all the work everyone has done so far and for sharing your experiences. Especially Kellon, The Papa, and losangeles. Hopefully we can find a path forward without needing to sue the DOJ. I'll be mailing my local representatives in the time being.

I also think I'll be waiting to DROS, it seems you want to have your ducks in a row before getting your rejection and needing to appeal. Either that, or you need to be rejected in order to appeal. I read through all the posts in this thread, and that's what I gather. Confusing to say the least.
You may want to wait a minimum 3 months before dros. The DOJ appears to be slow updating records , so I have been told.
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Old 08-21-2017, 5:01 PM
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Make sure you also get DOJ records review dept. to update you FBI(cjis) record to reflect your reduction as amended. you may want to use a "channeller" and request a copy of your FBI criminal history record first to see if it has been amended. If it has not, i suggest contacting a rep. from your local senator's office to help the process along which will save you a lot of grief trying to deal w/DOJ.
From reading through the previous posts, it seems that you will fail a DROS if this isn't updated, even if the DOJ updates your state record. Is that correct?

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Originally Posted by Dilexi View Post
You may want to wait a minimum 3 months before dros. The DOJ appears to be slow updating records , so I have been told.
That's just ridiculous. To find out if they've updated it, I would submit an AB165 and it should show an amendment similar to the pics The Papa posted?

At least in the meantime I can get my firearm safety certificate and borrow my wife's guns.
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Old 08-22-2017, 7:49 AM
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Originally Posted by losangeleno View Post
In a nut shell this is what i have found so far in my case after i obtained a (hs)11359 felony reduction to misdemeanor per prop 64 after petitioning in the sup. court of Ca.
The state DOJ (Records review section) is the only "government" agency that can update the FBI(CJIS) criminal database concerning your background history on the federal level. As to the subject of submitting the ab165 live scan form which comes with your DENIAL NOTICE which mine said "Reason for Denial Felon" obviously they think i am still a felon and do not recognize the wording in the prop 64 legislation which states "does not preclude the right to own and posses firearms". The DOJ firearms section will match your criminal record with your CURRENT Ca. state criminal history record (hopefully amended to reflect a reduction in the final disposition) to inform you that there is a matched criminal record after a submitted ab165 finger print live scan form.
Such as my case, it will include a copy of your CURRENT amended record indicating a changed disposition to read "reduced to misdemeanor per prop. 64" and include a NTN# NICS Transaction Number to use if you so choose to submit a NICS appeal. Now the hard part is to remind them (DOJ BOF), or (NICS) if denied federally, that they are denying you of your 2A rights which have been rightfully restored by a sup. court judgement and to obtain a reversal in denial. Now if they refuse to recognize your civil right and try to refer you to seek legal counsel then you may have no other choice to do so which may lead to having to request an administrative hearing with the ca.(doj) and sue in court. If denied by (NICS) you pretty much only have the option to wait out an appeal, and if that fails Sue in federal court, both require dealing with time bandits, an a attorney & inflated funds. On that note i have not gone 10 months to give up now, i'm pretty much riding this one out till the end.
Thanks for all the info here, and for sharing all the work you've done so far. It seems the DOJ needs to be directed to begin processing these. My guess is they either don't have the manpower necessary to do so, a liberal agenda is preventing them from doing so, or a combination of the two. It seems a lawsuit will be needed to direct them to follow the law. I did all the legwork on my petition myself, but I was willing to pay $1000 to have an attorney do it. I would be willing to put this toward a GoFundMe.

I wonder if Kellon got a response from the NRA. I just joined and will ask them as well. If the NRA would go to bat for us, I'd be a lifetime member for sure.
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Old 08-22-2017, 12:21 PM
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Originally Posted by Nick G View Post
From reading through the previous posts, it seems that you will fail a DROS if this isn't updated, even if the DOJ updates your state record. Is that correct?



That's just ridiculous. To find out if they've updated it, I would submit an AB165 and it should show an amendment similar to the pics The Papa posted?

At least in the meantime I can get my firearm safety certificate and borrow my wife's guns.
Sounds, good. Go for it!!
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Old 08-22-2017, 1:43 PM
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Originally Posted by Nick G View Post
From reading through the previous posts, it seems that you will fail a DROS if this isn't updated, even if the DOJ updates your state record. Is that correct?



That's just ridiculous. To find out if they've updated it, I would submit an AB165 and it should show an amendment similar to the pics The Papa posted?

At least in the meantime I can get my firearm safety certificate and borrow my wife's guns.
As far as the pics I posted of the live scan those DO NOT SHOW amended as I once thought. That was confirmed through a review by an attorney. They show dismissed but not reduced. I have submitted the AB165 and my papers to appeal those records.

As far as using your "wife's firearm" that's up to you. You ARE still "considered prohibited" or else you wouldn't need to do what you are saying. This seems to be the million dollar question right now for all of us after our successful appeals. "Am I still a felon or aren't I? Can I legally be in possession even though I have not been cleared by DOJ and FBI to purchase?" I wrote a well known attorney and asked them and their response was to submit a PFEC.
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Old 08-22-2017, 2:01 PM
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Originally Posted by The Papa View Post
As far as the pics I posted of the live scan those DO NOT SHOW amended as I once thought. That was confirmed through a review by an attorney. They show dismissed but not reduced. I have submitted the AB165 and my papers to appeal those records.

As far as using your "wife's firearm" that's up to you. You ARE still "considered prohibited" or else you wouldn't need to do what you are saying. This seems to be the million dollar question right now for all of us after our successful appeals. "Am I still a felon or aren't I? Can I legally be in possession even though I have not been cleared by DOJ and FBI to purchase?" I wrote a well known attorney and asked them and their response was to submit a PFEC.
I am no longer a felon - my court records show this. I can log into the county public access system, and it shows the felony is now certified as a misdemeanor, as well as showing the charges dismissed (due to the 1203.4).

The issue isn't whether or not we're felons - we're not. The issue is getting the DOJ to follow the law and update their system and the FBI's to allow us to buy a firearm. Per the text of the law, we have already successfully petitioned the court and are therefore able to be in possession of a firearm. As someone else mentioned, a person convicted of the same crime today could go buy a gun tomorrow.

Now the problem I see with borrowing a family member's gun is this - what happens if you're pulled over and a LEO runs your driver's license? What does their system check? If it's checking the DOJ system, it indicates you're a felon. This could end with you going to jail and having to spend money to bail out and fight it. You would win the case, but it's a loss of time and money in the process. That being said, I will be carrying all my relevant court paperwork with me while in possession.
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