Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > 2nd Amend. Litigation Updates & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

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

Reply
 
Thread Tools Display Modes
  #1721  
Old 05-15-2014, 11:48 AM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 36,264
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by 9M62 View Post
Is the DROS process automatic, or is each DROS reviewed by an analyst at the DOJ?

I'd imagine the ones that pop up "flags" are reviewed by analyst's, and then they decide whether or not to send a delay letter. Am I correct?
About 20% are automatic approvals. The rest are individually reviewed. See http://www.calguns.net/calgunforum/s...d.php?t=924856
__________________
The Legislature is in recess. We're immune from most further mischief until the next session begins, late December 2017.

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #1722  
Old 06-26-2014, 10:22 AM
NannyState's Avatar
NannyState NannyState is offline
Junior Member
 
Join Date: Jan 2013
Location: is everything
Posts: 7
iTrader: 0 / 0%
Default

I bought a handgun at Turner's, and two rifles from Big 5, all within the same week. Both rifles had a delay put on them but the handgun went through and I picked it up yesterday.

I'm not sure what to do now, maybe just ask for my money back and call it a day. I really don't have the patience for this BS.
Reply With Quote
  #1723  
Old 07-03-2014, 11:39 AM
madoka's Avatar
madoka madoka is offline
Senior Member
 
Join Date: Dec 2012
Location: San Gabriel Valley
Posts: 1,952
iTrader: 44 / 100%
Default

Quote:
Originally Posted by Kevster View Post
Well it's been 4 weeks since my lawyer sent the FACTS to the Cal. DOJ (twice) and they have totally ignored us. No answer, no comment, nothing...crickets.
Your tax dollars at work.

And the politician's solution to this problem is more government.
__________________
Reply With Quote
  #1724  
Old 07-03-2014, 7:35 PM
Toy4Rick Toy4Rick is offline
Member
 
Join Date: Oct 2010
Posts: 203
iTrader: 2 / 100%
Default

Speeding ticket 20 years ago and my DROS went straight through and picked up my S&W 686 in 10 days. I asked my FFL (retired ATF) if they were seeing my DOJ delays and he said no

My 26 year old son started his first DROS today, squeaky clean record, doesn't get any cleaner, let's see how it goes for him

Sorry to hear about all the hassles
Rick
Reply With Quote
  #1725  
Old 07-03-2014, 7:47 PM
Southwest Chuck Southwest Chuck is offline
Senior Member
 
Join Date: Jul 2009
Location: San Bernardino County
Posts: 1,951
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Kevster View Post
Well it's been 4 weeks since my lawyer sent the FACTS to the Cal. DOJ (twice) and they have totally ignored us. No answer, no comment, nothing...crickets.
It's called ...... giving you and your attorney, along with the horse you both road in on, "the bird"

Except for certain categories, I think we need to get rid of most of the "qualified immunity gov. employees enjoy. They might just start to take their jobs seriously.
__________________
Quote:
Originally Posted by Southwest Chuck View Post
I am humbled at the efforts of so many Patriots on this and other forums, CGN, CGF, SAF, NRA, CRPF, MDS etc. etc. I am lucky to be living in an era of a new awakening of the American Spirit; One that embraces it's Constitutional History, and it's Founding Fathers vision, especially in an age of such uncertainty that we are now in.
Quote:
Originally Posted by toby View Post
Go cheap you will always have cheap and if you sell, it will sell for even cheaper. Buy the best you can every time.
^^^ Wise Man. Take his advice
Reply With Quote
  #1726  
Old 07-17-2014, 5:43 PM
low67vdubinnocal's Avatar
low67vdubinnocal low67vdubinnocal is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2013
Location: NoCal
Posts: 787
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Kevster View Post
Update (7/17/14 ): CA DOJ tells me (in their own obfuscated lingo) I need to prove my innocence. The "crime" for which they denied me was an arrest (no charges ever filed). They are telling my attorney that I have to prove the charges were dropped. I contacted the District Court (another state) and they told me they don't keep records of cases that were never prosecuted. So I cannot prove innocence of a crime never committed.

My lawyer is going to begin getting a little more firm now. But this is ridiculous.

I'll post back when I know more.
Can't you get a copy Of the Court records ? I got my record Of charges dropped from Queens NY. For $10 faxed it In too DOJ And had my delay lifted a couple hours later. No Lawyer involved.

Sent from my HTC Glacier using Tapatalk 2
__________________
VW's Are not for Hippies...
Play's Cello in a marching band...
Reply With Quote
  #1727  
Old 07-17-2014, 6:04 PM
low67vdubinnocal's Avatar
low67vdubinnocal low67vdubinnocal is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2013
Location: NoCal
Posts: 787
iTrader: 2 / 100%
Default

Maybe just ask for a letter from the Court or PD. In the State you were snagged In. I just explaned to the Court Clerk when I called I was trying to buy a target rifle for Christmas And the Clerk was super helpful getting the letter back In a week after getting the money order.

Sent from my HTC Glacier using Tapatalk 2
__________________
VW's Are not for Hippies...
Play's Cello in a marching band...
Reply With Quote
  #1728  
Old 07-17-2014, 6:53 PM
JDay's Avatar
JDay JDay is offline
I need a LIFE!!
 
Join Date: Nov 2008
Location: El Dorado County
Posts: 19,378
iTrader: 5 / 100%
Default

California is not free America, comrade.

Sent from my SGH-T999 using Tapatalk
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)
Reply With Quote
  #1729  
Old 07-18-2014, 12:24 PM
low67vdubinnocal's Avatar
low67vdubinnocal low67vdubinnocal is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2013
Location: NoCal
Posts: 787
iTrader: 2 / 100%
Default

Did you try faxing that Court paper In ?

Sent from my HTC Glacier using Tapatalk 2
__________________
VW's Are not for Hippies...
Play's Cello in a marching band...
Reply With Quote
  #1730  
Old 07-18-2014, 8:56 PM
OleCuss OleCuss is offline
Calguns Addict
 
Join Date: Jun 2009
Location: Kalifornia
Posts: 6,232
iTrader: 0 / 0%
Default

I'm glad you have a good lawyer on the case and are being appropriately aggressive.
__________________
CGN's token life-long teetotaling vegetarian. Not qualified to give any legal opinion so pay attention at your own risk.
Reply With Quote
  #1731  
Old 07-18-2014, 10:30 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
☆☆ More Cowbell ☆☆
CGN Contributor
 
Join Date: Sep 2012
Location: Overhead Orbit
Posts: 9,795
iTrader: 121 / 100%
Default

Kevster, no matter what else you have going with your attorney, you need to file a NICS appeal asap. You can do it online, free, and no fingerprints required. That should help get things cleared up with the FBI. Also apply for a VAF so the FBI can keep records of your appeal results. Send in whatever docs you have showing you were never charged when you file the NICS appeal - the online form lets you upload them. The FBI should send back a document that says you are eligible to purchase and own firearms and an embossed certificate of successful appeal. It can take 60 days.

I'm on my iPad right now or I would get you more info, but just Google "NICS appeal" and "NICS VAF" for the links.
Reply With Quote
  #1732  
Old 08-22-2014, 1:14 PM
JoeyJ JoeyJ is offline
Junior Member
 
Join Date: Nov 2012
Posts: 75
iTrader: 1 / 100%
Default

Sorry but I just have to rant for a bit.
I hit my 1 month delay yesterday and another today for a second purchase.

My 1st firearm purchase since moving to CA was July 2012, that took 8 days. Dec 31st 2012 I made another purchase (post Sandy Hook) and purchased another about a month later just to test the delay system. They were both delayed, hmmmm what changed in the time period between July 2012 and Dec 31st 2012? VERY telling. The Dec 31st was released 11 weeks later and the 3rd purchase the next day for about a 7 week delay. Obviously I had no deniable issues. During this delay I was able to speak to a few employees at DOJ and was told that their guidelines had been expanded (Kamala Harris stroke of a pen) and they were now required to investigate any blip on a record and I do have a few going back to the early 70s but no prosecutions, convictions of any kind.

We (veterans) weren't well treated during Viet Nam by some fellow citizens or law enforcement. I spent one weekend in jail simply because I was carrying a Buck folding knife in the belt sheath. I had just finished cleaning some rabbits and quickly ran to Walgreens to pick up some pictures. I was chased down by 2 detectives and literally run off the road on a 3 wheel Harley trike within sight of my house. They wouldn't even allow me to push the trike handcuffed to my driveway, lol Yes, I am a biker too, double whammy, lol. Thankfully the Judge was a veteran and immediately dismissed the case and read the detective the riot act in open court. The charge was unlawfully carrying a deadly weapon in order to be armed. Nice, huh? lol. Different time for sure but these things still happen everyday and follow us.

So now here I am wondering what exactly did the 30 day bill do to help matters? My FFL, Sportsman's Supply in San Jose will not release my firearms and will charge me a re-stocking fee if I cancel my purchases, which I do not intend to do. So what has this bill done to help us again? How about the DOJ? Has it made it faster/better for them to do their job? Obviously nothing and no to both.

Why is/was there no effort to come up with a legal document/process from gun rights groups/representatives to help provide some type of protection to the FFL. A live scan supported legal document that puts all of the responsibility on the purchaser? Unless I had been arrested/convicted of a deniable offence since my last approval it would be clear enough. A supporting live scan would clearly support that also. Sure we can sue all we want and I believe I am covered in the existing suit but we also need to look at ways to provide real solutions in these types of cases. We are letting them win on this one and it pains me to say I am looking for an exit. I've fought the good fight here both financially and as a volunteer but I would rather continue to help fight from another State where I can choose what legal firearms are best suited for MY needs and to also be able to obtain ammo and accessories to support those needs.

Good luck to those of you new to the delay process. The blame for these excessive delays clearly lies with Kamela Harris, her phone and her pen. Hopefully this will be proven out in court eventually but these tactics will continue for as long as they hold the majority in this State but I fear it will need to collapse before there is any real change here. Spending our money to defend the non stop feel good do nothing bills is of no concern to ideologues and this State is rife with them.

Thanks for letting me rant. Time for woods/camping recovery treatment, lol
Joey

Last edited by ke6guj; 08-23-2014 at 8:37 PM.. Reason: paragraph breaks
Reply With Quote
  #1733  
Old 08-23-2014, 6:50 PM
M14 Junkie's Avatar
M14 Junkie M14 Junkie is offline
Member
 
Join Date: Dec 2009
Location: Tucson, Az.
Posts: 389
iTrader: 1 / 100%
Default

Sorry for your hassles dude but, your post is almost impossible to read all in one paragraph. Frankly, I gave up after a few sentences.

Break up your posts by separating after 3 or 4 sentences. That makes them a whole bunch easier on the eyes to read.

Last edited by M14 Junkie; 08-23-2014 at 6:52 PM..
Reply With Quote
  #1734  
Old 08-23-2014, 8:06 PM
JoeyJ JoeyJ is offline
Junior Member
 
Join Date: Nov 2012
Posts: 75
iTrader: 1 / 100%
Default

Quote:
Originally Posted by M14 Junkie View Post
Sorry for your hassles dude but, your post is almost impossible to read all in one paragraph. Frankly, I gave up after a few sentences.

Break up your posts by separating after 3 or 4 sentences. That makes them a whole bunch easier on the eyes to read.

Thanks for the input but it was just a rant/venting and done in a hurry. The more time I take with a post the more times I have to re-login with this site and half the time you all get lucky and I lose it all and give up, lol.
Reply With Quote
  #1735  
Old 09-11-2014, 10:29 PM
NannyState's Avatar
NannyState NannyState is offline
Junior Member
 
Join Date: Jan 2013
Location: is everything
Posts: 7
iTrader: 0 / 0%
Default

I am amazed that TPTB on this forum are so ineffective regarding the unethical strong arm delays (tactics) performed by the California DOJ. I read a lot of tough talk regarding lawsuits and whatnot. I've even received a couple emails from some of you regarding my situation. With all the ads (supporters) on this website you would think we would be farther along, but yet every year it gets worse.

My old man always told me to follow the money and you will get to the root of the problem, and I'm sure this is the case here too.

Someone is making money from all the delays and unfulfilled promises and is laughing all the way to the bank, IMHO.

Sorry for the rant but nothing ever happens and I'm getting frustrated.

Last edited by NannyState; 09-11-2014 at 10:32 PM..
Reply With Quote
  #1736  
Old 09-21-2014, 5:32 PM
realgreenfire realgreenfire is offline
Member
 
Join Date: Apr 2011
Location: Chico, Ca
Posts: 275
iTrader: 1 / 100%
Default

is there any update of the status on the lawsuit that was filled in regards to the delay bs that they are doing??

-sorry but there isnt time in life to read the 44 pages of commentary..
Reply With Quote
  #1737  
Old 10-24-2014, 10:05 PM
nobody_special nobody_special is offline
Senior Member
 
Join Date: Feb 2008
Posts: 1,041
iTrader: 1 / 100%
Default

The lawsuit was apparently dismissed early this year, I assume because the plaintiff's guns were released. I searched but didn't see any announcement or discussion of the dismissal.

Filed: 1/21/2014, Entered: None Court Filing
MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/21/2014: Pursuant to the Notice of Voluntary Dismissal 6 and FRCP 41(a)(1)(A)(i), this case is hereby DISMISSED in its entirety. CASE CLOSED. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 01/21/2014)

PACER 6 Filed: 1/20/2014, Entered: None
NOTICE of VOLUNTARY DISMISSAL by The Calguns Foundation, Inc.. (Otten, Victor) (Entered: 01/20/2014)
__________________
Quote:
Originally Posted by Edmund G. Brown
There are certain rights that are not to be subject to popular votes, otherwise they are not fundamental rights. If every fundamental liberty can be stripped away by a majority vote, then it's not a fundamental liberty.
Quote:
Originally Posted by jeffyhog
When the governor vetoes a bill that would make it a felony to steal a gun, but signs a bill into law that makes it a felony not to register a gun you already legally own, you know something isn't right.
Reply With Quote
  #1738  
Old 10-25-2014, 11:38 AM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
☆☆ More Cowbell ☆☆
CGN Contributor
 
Join Date: Sep 2012
Location: Overhead Orbit
Posts: 9,795
iTrader: 121 / 100%
Default

Quote:
Originally Posted by nobody_special View Post
The lawsuit was apparently dismissed early this year, I assume because the plaintiff's guns were released. I searched but didn't see any announcement or discussion of the dismissal.
Appeal for reinstatement was filed in Sept 2014 in the Schoepf, et. al. vs. Kamala Harris, et. al case. The opening post of this thread cites two cases. Which are you referring to?

http://ottenlawpc.com/otten-law-pc-f...er-gun-delays/

Quote:
Because the lawsuit forced the DOJ to release the holds that it had on the firearms of the seven plaintiffs prior to hearing the writ, Superior Court Judge Carlos A. Cabrera denied the case on the ground that it was “moot”. In doing so, the Judge denied ruling on the deprivation of plaintiffs’ constitutional rights, and there was no consequence to the DOJ for failing to proceed as required by law. Accordingly, we have asked the Court of Appeal to remedy the Judge’s mistake.

Last edited by SkyHawk; 10-25-2014 at 11:49 AM..
Reply With Quote
  #1739  
Old 10-25-2014, 12:47 PM
nobody_special nobody_special is offline
Senior Member
 
Join Date: Feb 2008
Posts: 1,041
iTrader: 1 / 100%
Default

I was referring to the other case, Owen v. Lindley. So it looks like both were dismissed.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 1:34 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.