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 > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-29-2005, 2:37 PM
zatoh's Avatar
zatoh zatoh is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Oct 2005
Location: Home of the Fee and the Slave
Posts: 757
iTrader: 15 / 100%
Default

I finally got my C&R renewal. I too was concerned that I would have to interview with the BATFE even though I have a "sedate" (some say boring) past. I hate interviews. I sent my renewal in on 4/29 and got it 6/28. Granted I waited until close to my expiration date, so it serves me right.

Whoo-hooo! Watch out credit card, here I come!.... Let's see... AIM, Century, Centerfire...oh yeah, Empire has some nice tidbits....

Good luck in your interview!
__________________

Reply With Quote
  #2  
Old 07-02-2005, 4:53 PM
bg bg is offline
Calguns Addict
 
Join Date: Aug 2002
Location: Who cares
Posts: 5,211
iTrader: 0 / 0%
Default

Don't know if this will help any, but ya might
take a gander..
http://ag.ca.gov/firearms/dwcl/12010.htm
Reply With Quote
  #3  
Old 07-11-2005, 2:53 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Just heard from the ATF, looks like the folks in Boston (ATF folks) say that this misdemenor will disqualify me from owning firearms.
The only hope is a pardon from the State of Vermont, and that is going to take some time!!
Man, this sucks!
Reply With Quote
  #4  
Old 06-29-2005, 8:28 PM
Pthfndr's Avatar
Pthfndr Pthfndr is offline
Veteran Member
 
Join Date: Oct 2005
Location: Sierra Nevada Mtns. Near Tahoe
Posts: 3,686
iTrader: 26 / 100%
Default

Make sure you post tomorrow night about how the interview went. First time I've heard of a pre licensing interview for a C&R license.
__________________
Rob Thomas - Match Director NCPPRC Tactical Long Range Match

Match Director Sac Valley Vintage Military Rifle Long Range Match
Reply With Quote
  #5  
Old 07-02-2005, 12:22 PM
bg bg is offline
Calguns Addict
 
Join Date: Aug 2002
Location: Who cares
Posts: 5,211
iTrader: 0 / 0%
Default

Quote:
So does this mean i still retain my rights on a state level even though not on a federal level???
Sounds confusing to me!
That sir, is the true reason behind gun laws.
To confuse and in the end to eliminate gun use
and ownership by oxymornic and inane laws.

My question is, if the Feds see any crime that
may be sentenced for longer than 1 yr as a
basis to deny a person firearm rights, what
about a simple DUI, or reckless driving
charge ?
Reply With Quote
  #6  
Old 06-30-2005, 8:38 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Any recomendations on a local attorney?
I dont have much money but it'd be worth a bunch to keep my guns-and rights intact!

PS. Thanks everyone for the support and information.
Reply With Quote
  #7  
Old 06-29-2005, 6:30 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

I dont have a recorder BUT i will have a close friend to witness the event and lend moral support (to make sure i keep my big mouth shut!)
Reply With Quote
  #8  
Old 07-01-2005, 8:55 AM
TimG's Avatar
TimG TimG is offline
Member
 
Join Date: Oct 2005
Location: Lake View Terrace
Posts: 355
iTrader: 0 / 0%
Default

Shooters bar This looks like a good legal resource for gun folks.
Reply With Quote
  #9  
Old 06-30-2005, 6:31 PM
bwiese's Avatar
bwiese bwiese is offline
I need a LIFE!!
 
Join Date: Oct 2005
Location: San Jose
Posts: 26,683
iTrader: 3 / 100%
Default

If it's not a felony, you can get that expunged.

On the other hand, does the fact that sentence could span beyond a year stop it from being a misdemeanor??

Talk to a lawyer, don't be garage-sale cheap like half the people here.

Expungements are filed in the local court you were convicted in. If this was outta state, you gotta go there and get that set up.

Now as I recall (someone please correct me!), CA law simply bans felons from gun possession, but Federal law has the more complex condition of "... or convicted of a crime where you could possibly be sentenced to more than one year."

Without a felony, you don't need pardon + your civil rights restored.

Cops whose gun use was banned due to domestic violence misdemeanors were able to get them expunged, and get their gun rights back.

Good luck, we're rootin' for you!

Bill Wiese
San Jose
__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life member

No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.
Reply With Quote
  #10  
Old 06-29-2005, 1:54 PM
Mike's Avatar
Mike Mike is offline
Member
 
Join Date: Jun 2003
Location: N.C.
Posts: 111
iTrader: 0 / 0%
Default

Not meaning to nit-pick, but weren't the ATF assimilated into the US Dept of Justice? I could (very easily) be wrong....

http://www.atf.gov/about/atfhistory.htm
"Effective January 24, 2003, the Bureau of Alcohol, Tobacco and Firearms (ATF) was transferred under the Homeland Security bill to the Department of Justice. The law enforcement functions of ATF under the Department of the Treasury were transferred to the Department of Justice. The tax and trade functions of ATF will remain in the Treasury Department with the new Alcohol and Tobacco Tax and Trade Bureau.

In addition, the agency's name was changed to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to reflect it new mission in the Department of Justice. "

And I see that this makes up DHS?

DHS Agencies


Department Subcomponents and Agencies

Homeland Security leverages resources within federal, state, and local governments, coordinating the transition of multiple agencies and programs into a single, integrated agency focused on protecting the American people and their homeland. More than 87,000 different governmental jurisdictions at the federal, state, and local level have homeland security responsibilities. The comprehensive national strategy seeks to develop a complementary system connecting all levels of government without duplicating effort. Homeland Security is truly a “national mission”.

The following list comprises of the major components that make up the Department of Homeland Security:

Office of the Secretary
The staff functions in the Office of the Secretary oversee activities with other federal, state, local, and private entities as part of a collaborative effort to strengthen our borders, provide for intelligence analysis and infrastructure protection, improve the use of science and technology to counter weapons of mass destruction, and to create a comprehensive response and recovery division. Within the Office of the Secretary there are multiple offices that contribute to the overall Homeland Security mission.

Office of the Chief Privacy Officer
Office of Civil Rights and Civil Liberties
Office of Counter Narcotics
Office of General Counsel
Office of the Inspector General
Office of Legislative Affairs
Office of National Capital Region Coordination
Office of the Private Sector
Office of Public Affairs
Office of Security
Office of State and Local Government Coordination and Preparedness


Border and Transportation Security (BTS)
Border and Transportation Security (BTS) secures our nation’s borders and transportation systems and enforces the nation’s immigration laws.

Transportation Security Administration (TSA) - http://www.tsa.gov
Customs and Border Protection - http://www.cbp.gov
Immigration and Customs Enforcement - http://www.ice.gov
Federal Law Enforcement Training Center - http://www.fletc.gov


Emergency Preparedness and Response (EP&R)
Emergency Preparedness and Response (EP&R), building on the long and solid track record of the Federal Emergency Management Agency (FEMA), ensures that our nation is prepared for incidents, whether natural disasters or terrorist assaults, and oversees the federal government’s national response and recovery strategy.

Federal Emergency Management Agency (FEMA) - http://www.fema.gov


Information Analysis and Infrastructure Protection (IAIP)
Terrorists strive to exploit national weaknesses and search for unprotected areas to attack. Information Analysis and Infrastructure Protection (IAIP) helps deter, prevent, and mitigate acts of terrorism by assessing vulnerabilities in the context of continuously changing threats. IAIP strengthens the nation’s protective posture and disseminates timely and accurate information to our federal, state, local, private, and international partners.

Homeland Security Operations Center (HSOC)
Information Analysis (IA)
Infrastructure Protection (IP)


Science and Technology (S&T)
The Directorate of Science and Technology (S&T) serves as the primary research and development arm of Homeland Security, using our nation’s scientific and technological resources to provide federal, state, and local officials with the technology and capabilities to protect the homeland. The focus is on catastrophic terrorism—threats to the security of our homeland that could result in large-scale loss of life and major economic impact. S&T’s work is designed to counter those threats, both by evolutionary improvements to current technological capabilities and development of revolutionary, new technological capabilities.

Office of National Laboratories
Homeland Security Laboratories
Homeland Security Advanced Research Projects Agency (HSARPA)


Office of Management
The Under Secretary for Management is responsible for the budget, appropriations, expenditure of funds, accounting and finance, procurement, information technology systems, facilities, property, equipment, other material resources, and the identification and tracking of performance measurements relating to the responsibilities of Homeland Security.

U.S. Citizenship and Immigration Services (USCIS)
U.S. Citizenship and Immigration Services (USCIS) ensures that America continues to welcome visitors, refugees, immigrants, asylum seekers, and new citizens while protecting the nation from terrorism, unlawful entrants, and illegal residents. USCIS is made up of 15,000 employees in 250 offices worldwide and is largely subsidized by revenue generated from fees paid for immigration benefits. Within USCIS, the Office of Citizenship was established to develop and implement public outreach and education initiatives to promote U.S. citizenship.

U.S. Citizenship and Immigration Services
Office of Citizenship
National Customer Service Center


U.S. Coast Guard
The U.S. Coast Guard protects the public, the environment, and U.S. economic interests—in the nation’s ports and waterways, along the coast, on international waters, or in any maritime region as required to support national security.

U.S. Secret Service (USSS)
The U.S. Secret Service (USSS) is responsible for the protection of the President, our nation’s leaders, as well as our country’s financial and critical infrastructures, USSS is a crucial component of Homeland Security. USSS is organized into two major components, one focused on protection and the other focused on investigation.

Sorry to hijack the thread Trever1t.....however I'm sure you'll do just fine...
Reply With Quote
  #11  
Old 06-29-2005, 5:52 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Well they are supposed to be "Investigators" from the local SJ office.
They wouldn't divulge much on the phone when i asked for specifics but gave me the old "prefer to discuss this in person".
We'll see tomorrow!
Reply With Quote
  #12  
Old 07-10-2005, 10:43 AM
delloro delloro is offline
Senior Member
 
Join Date: Oct 2005
Location: the Inland Empire
Posts: 549
iTrader: 0 / 0%
Default

a little background is in order here.

in ye olden days of English common law, a felon had no standing under the law. this was likely an evolution of outlawry (I'd have to check). a felon was dispossessed of the incidents of citizenship. could not own land. could not own a firearm. the vestige of that law, which is still forceful today, is that felons may not own guns (generally speaking).

there used to be eight felonies. the Mrs. Baker crimes. life, crime, and punishment was simple and predictable.

Murder
Robbery
Sodomy

Burglary
Arson
Kidnapping
Escape
Rape

nothing else what a felony. those were the felonies, and the pentalty could be more than a year in the pen.

offenses punishable by less than a year were a misdemeanor.

if no incarceration possible, it was an infraction.

thus a simple rule could be established that persons convicted of crimes punishable by more than a year in the pen (felonies) could not have guns.

times have changed since.

there are misdemeanors that can be punishable by more than a year. the newer revisions to the california penal code distinguish those to help avaoid what our friend is going through, but not all PC sections in all states have been brought up to speed, with the unfortunate result we see here.

on the other hand the lautenberg (ptui) amendment retroactively added some misdemeanors to the firearms-prohibiting crime list.

HTH
__________________
.
click HERE to see scantily-clad women with guns
Reply With Quote
  #13  
Old 06-29-2005, 5:13 PM
imported_Telpierion imported_Telpierion is offline
Member
 
Join Date: Mar 2005
Location: Antelope Valley
Posts: 129
iTrader: 0 / 0%
Default

I'd be surprised if the people who visit are actual "agents" and not some sort of administrative type.
__________________
The nine most terrifying words in the English language are: \"I\'m from the government and I\'m here to help.\"

--Ronaldus Maximus
Reply With Quote
  #14  
Old 07-01-2005, 7:36 AM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

1979 was 26 years ago!!!!
But under Federal law a person can not have been convicted of a crime that would carry a sentence of more than 1 year even though that person received a lesser sentence.

Quote:
Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
Reply With Quote
  #15  
Old 06-29-2005, 1:15 PM
BigRich BigRich is offline
Senior Member
CGN Contributor - Lifetime
 
Join Date: Nov 2002
Location: Walnut Creek, CA 94598
Posts: 802
iTrader: 25 / 100%
Default

Trever1t,
Relax. The ATF folks are just doing a "due diligence" visit to see who is getting the C&R FFL. They will be looking at what kind of security you will be providing and the environment for the licensed address. i.e. they want to make sure the ffl won't be in the middle of a school or prison and that the guns won't be stored out on the porch. Their rules have changed since they went under Homeland Defense. They now have to check ALL the boxes. If you are an upstanding citizen you won't have any trouble.
__________________
No one arrives in Hell surprised. (St. Robert Bellarmine)
Reply With Quote
  #16  
Old 07-01-2005, 10:34 AM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

I have now got an attorney working on restoring my staus right now!
He says that although i may not currently be eligible for a FFL (until i get expunged) I will by no means lose my right to bear arms and collect as i currently do in the state of Ca.

I feel relieved!!
Reply With Quote
  #17  
Old 07-08-2005, 7:13 PM
pitbull30's Avatar
pitbull30 pitbull30 is offline
Likes Puppy Chow or Ammo
CGN Contributor
 
Join Date: Jul 2005
Location: Back Porch
Posts: 3,017
iTrader: 18 / 100%
Default

Im alittle confused here. So in california if you say did vandalism as a kid but only got probation, But vandalism holds a max charge of 1year in jail. Then you cant own a gun?

The only way you can own the gun is if the charge has been expunged or sealed? Hasnt everyone in one time or another gotten into some trouble as a kid?

Or is this a fedaral thing that only applies to licensing?

I have never heard of such a thing?Maybe Im interpreting this wrong?

Also cant the feds still see the convictions even if they are expunged or sealed?

Anyways, Good luck trever1t
Reply With Quote
  #18  
Old 06-30-2005, 6:20 PM
Mike Searson's Avatar
Mike Searson Mike Searson is offline
Member
 
Join Date: Oct 2005
Location: Northern Nevada
Posts: 451
iTrader: 0 / 0%
Default

Damn.

Was it a felony?
Reply With Quote
  #19  
Old 07-13-2005, 10:51 PM
JAFGO JAFGO is offline
Member
 
Join Date: Oct 2005
Location: Eureka
Posts: 239
iTrader: 2 / 100%
Default

Quote:
I have purchased many firarms legally from shops in the area and never had a problem.
That's odd that you have DROS'd in the past and were given an OK to purchase firearms, but when the ATF looks into the matter for a C&R application they dig up an old misdemeanor conviction. I always thought both ATF and CA DOJ accessed the same computer record system. Makes me wonder what type of SNAFU would allow the CA DOJ to clear a person that was "technically" disqualified federally for purchase of firearm.

It sounds like that if you never had applied for a C&R license, you or no one else would have been the wiser and you could still be DROS'd and purchase firearms.

Good luck with things.
Reply With Quote
  #20  
Old 07-01-2005, 8:53 AM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

It was a misdenenor.
"Mischievous conduct" one step below "trespass".

I am seeking council for this, thanks for the contacts.
Reply With Quote
  #21  
Old 06-29-2005, 12:09 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Thanks stillbigbac!
Can you tell i'm sweating it out?

I have purchased many firarms legally from shops in the area and never had a problem.

I hope that's all!
Reply With Quote
  #22  
Old 07-14-2005, 6:10 AM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Quote:
It sounds like that if you never had applied for a C&R license, you or no one else would have been the wiser and you could still be DROS'd and purchase firearms.
Correct! Had i known there may be issue........Oh well, even the ATF investigator told me not to kick myself, how could i have known? It was a misdemenor you know!

Hold the DOJ responsible, ha! that's almost funny.
Reply With Quote
  #23  
Old 07-01-2005, 8:20 AM
delloro delloro is offline
Senior Member
 
Join Date: Oct 2005
Location: the Inland Empire
Posts: 549
iTrader: 0 / 0%
Default

criminy.

call a friggin' firearms lawyer. chuck michel or bruce colodny.

in a nutshell:

more than one year incarceration as potential sentance is GENERALLY a felony

less than one year GENERALLY a misdemeanor

felony convictions, past or present, DQ you from firearms ownership. some misdemeanors do too.

state rehabilitation is not the same as federal rehabilitation. feds don't care if the state says you are all better now.

call a lawyer who does this stuff.
__________________
.
click HERE to see scantily-clad women with guns
Reply With Quote
  #24  
Old 06-29-2005, 10:44 AM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Wish me luck! Tomorrow at 4pm two ATF agents will be at my home to interview me about my C&R application and background history.
I was a bit of a problem in my youth (17-21) but have been a good citizen for 20+ years.
Anyhow, now it is time to face judgement for my previous indescretions!

Question: What rights to privacy do i have after allowing the ATF into my home? Can they demand to open my safe?

I dont have any illegal weapons but am very uncomfortable with allowing them full access to my "shop".

What other rights or lack of do i have/not have?
Reply With Quote
  #25  
Old 07-11-2005, 12:58 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Exactly. I have not nor ever have been convicted of a felony or one of the misdemenors listed in 12021, but as delloro was saying some states, such as Vermont do things a little "old fashoned" and hence the issue.
California has no comparible law or infraction to compare to. By Ca. law i am ok, still waiting for the Federal decision.
Reply With Quote
  #26  
Old 07-01-2005, 7:16 AM
imported_FW10ring imported_FW10ring is offline
Junior Member
 
Join Date: May 2005
Posts: 13
iTrader: 0 / 0%
Default

Sorry for my ignorance on this, but the way I read this...

"Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition."

You aren't currently under indictment for this crime. It happened 12/13 years ago.
Reply With Quote
  #27  
Old 06-30-2005, 6:38 PM
Pthfndr's Avatar
Pthfndr Pthfndr is offline
Veteran Member
 
Join Date: Oct 2005
Location: Sierra Nevada Mtns. Near Tahoe
Posts: 3,686
iTrader: 26 / 100%
Default

Don't call the AG's office! Find a good criminal attorney who can help you determine if you need to have your rights restored. PAY a professional to do it for you if it has to be done so there is no doubt about the outcome.
__________________
Rob Thomas - Match Director NCPPRC Tactical Long Range Match

Match Director Sac Valley Vintage Military Rifle Long Range Match
Reply With Quote
  #28  
Old 07-10-2005, 11:35 PM
RRangel RRangel is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Oct 2005
Location: Southern California
Posts: 4,975
iTrader: 2 / 100%
Default

Quote:
Originally posted by pitbull30:
If I remember correctly, isnt there a question on the CA gun sale form that says something like "have you ever been conviceted of a crime that had the possible sentence of 1 year"?

The only way you are excused is by expunged or sealed record????

This seems like a pretty tough law because in CA you can get up to a year for alot of things.

But then again I know they are trying to keep as many off the street as possible. Just curious..
You mean the yellow form 4473? Everyone has to fill that out when making a purchase from a FFL dealer in the country. The DROS paper work you fill out has different questions, but not that one. The dealer even has to ask you the questions.

1)Has the purchaser ever been convicted of a felony or an offense described in Penal Code Section 12021.1, or 12001.6; or convicted of assault, battery, or other misdemeanor offences specified in penal code section 12021(c)(1) in the last 10 years?

2)Is purchaser a mental patient or on leave of absence from a mental hospital as described in Welfare and Institutions Code Section 8100?

3)Has purchaser ever been adjudicated by a court to be a danger to others, found guilty by reason of insanity, found incompetent to stand trial, or placed under conservatorship, pursuant to Welfare and Institutions Code 8103?

4)Is purchaser currently the subject of any restraining order pursuant to family Code Section 6380?

Unless I'm forgetting something and my DROS paper work is wrong.
__________________
Reply With Quote
  #29  
Old 07-01-2005, 1:34 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

bwise,
you are absolutely correct.
I have retained an attorney today, requests for records already certified mailed out. Contact with the Governor's office to be done tuesday to begin the process of getting a pardon. It is/was a wobbler i guess, a misdemenor which COULD have gotten me a max of 5 years, although i was sentenced to probation for 1 year only.

I realize my possesions are in jeapordy but what can i do in the mean time?
Ball is rolling, where will it stop?
Reply With Quote
  #30  
Old 07-01-2005, 1:04 PM
bwiese's Avatar
bwiese bwiese is offline
I need a LIFE!!
 
Join Date: Oct 2005
Location: San Jose
Posts: 26,683
iTrader: 3 / 100%
Default

Well if it's a misdemanor, it can't be over 1 year (by definition, I think (?)).

Some crimes are 'wobblers' that can be charged as felony or misdemeanor. But really they are separate things. You were charged/convicted of a misdemeanor which can't go over 1 year, IIRC.

Please do not try to do this yourself, get a lawyer experienced in expungements, pardons and civil rights restoration(s) - or you could dig yourself in deeper.

BTW you can't retain your rights on a state level in violation of Federal level.


Bill Wiese
San Jose
__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life member

No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.
Reply With Quote
  #31  
Old 07-02-2005, 1:57 PM
delloro delloro is offline
Senior Member
 
Join Date: Oct 2005
Location: the Inland Empire
Posts: 549
iTrader: 0 / 0%
Default

simple, 1st time DUIs are not punishable by more than one year in the pen. they are not a felony. it is not one of the bad misdemeanors, so it is not an issue.
__________________
.
click HERE to see scantily-clad women with guns
Reply With Quote
  #32  
Old 07-13-2005, 11:42 PM
pitbull30's Avatar
pitbull30 pitbull30 is offline
Likes Puppy Chow or Ammo
CGN Contributor
 
Join Date: Jul 2005
Location: Back Porch
Posts: 3,017
iTrader: 18 / 100%
Default

Quote:
Originally posted by JAFGO.:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I have purchased many firarms legally from shops in the area and never had a problem.
That's odd that you have DROS'd in the past and were given an OK to purchase firearms, but when the ATF looks into the matter for a C&R application they dig up an old misdemeanor conviction. I always thought both ATF and CA DOJ accessed the same computer record system. Makes me wonder what type of SNAFU would allow the CA DOJ to clear a person that was "technically" disqualified federally for purchase of firearm.

It sounds like that if you never had applied for a C&R license, you or no one else would have been the wiser and you could still be DROS'd and purchase firearms.

Good luck with things. </div></BLOCKQUOTE>

This is an interesting point. So lets say this never happened. But later down the line you go to court for a firearms violation or something. Would the DOJ be at fault?
Reply With Quote
  #33  
Old 06-30-2005, 8:31 PM
Mike Searson's Avatar
Mike Searson Mike Searson is offline
Member
 
Join Date: Oct 2005
Location: Northern Nevada
Posts: 451
iTrader: 0 / 0%
Default

Here's a synopsis of California's law:

"It is unlawful for anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity to own or possess any firearm. People with certain misdemeanor convictions involving force or violence may not possess or own any firearm within 10 years of the conviction. A person who has been adjudicated as a juvenile offender or delinquent for any offense which would be classified as a felony or misdemeanor involving force or violence if committed by an adult may not own or possess any firearm until age 30. A minor may not possess a handgun except with written permission or under the supervision of a parent or guardian."



OK, so if you are over 30 and/or it's been 10 years of the conviction you should be ok under California Law.

Here's the Federal Law:

"The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:
<UL TYPE=SQUARE>
<LI>Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
<LI>Fugitives from justice.
<LI>Unlawful users of certain depressant, narcotic, or stimulant drugs.
<LI>Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
<LI>Illegal aliens.
<LI>Citizens who have renounced their citizenship.
<LI>Those persons dishonorably discharged from the Armed Forces.
<LI>Persons less than 18 years of age for the purchase of a shotgun or rifle.
<LI>Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
<LI>Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
<LI>Persons convicted in any court of a misdemeanor crime of domestic violence.
<LI>Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition.[/list]
Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction."

Definitely contact a lawyer. I'm pretty sure the Jack Booted Thugs aren't going to kick your door down and take what you own and throw you in jail for breaking the law. However, a youthful mistake like you're talking about should not force you to be unable to have an 03 FFL or have ammo shipped to your house.

Best of luck to you.
Reply With Quote
  #34  
Old 07-01-2005, 8:14 AM
gunsnrovers's Avatar
gunsnrovers gunsnrovers is offline
Senior Member
 
Join Date: Oct 2005
Location: Lost in Los Angeles
Posts: 1,196
iTrader: 36 / 100%
Default

Good luck.

I sent in my application on March 5 for a C&R. I got a letter in mid-May that their background check turned up a 1992 misdemeanor conviction that they could not locate court records for. I spent $20 and two weeks getting a letter from the court saying that they could not provide additional information as the case was closed and that the files had been destroyed in 1997 (after 5 years).

As I've been buying guns legally since December 1993, I'm not certain what the hold up is, but I'm not a legal expert.

Evidently, Atlanta then sent my file to LA for review. LA was unclear as to why they have been asked to review it which caused more delay.

Now, the LA office has it and I hope to hear from the local investigator next week (he's on vacation until the 5th). I'm curious as to what he will say when we talk.

Hopefully, it will get sorted soon. No reason to think otherwise. So far, all my contacts with the ATF have been great. Quick responses to my voice mails. Easy to follow instructions and courteous contacts. Just typical paperwork snail pace work I guess.
__________________
Jeff

كافر - Infidel

NRA PATRON MEMBER
Reply With Quote
  #35  
Old 07-10-2005, 10:13 AM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

In Vermont, "unlaw Mischief" , even though a misdemenor, can carry a max sentance of over one year, California and most other states do not have such a law.
Federal law mandates that anyone who was concted of a crime (they do not say "misdemenor") that can have a max sentance of more than one year is prohibited from owning firearms.
It's a mess and the ATF is the first to admit it is one of those grey areas they hate so much but there it is. ATF's legal department is mulling over the facts right now, I should hear from them in a few weeks reguarding theor decision and what further action they will take.
Reply With Quote
  #36  
Old 06-29-2005, 10:23 PM
Rascal's Avatar
Rascal Rascal is offline
Senior Member
 
Join Date: Oct 2005
Location: Florida
Posts: 1,053
iTrader: 0 / 0%
Default

Quote:
Originally posted by trever1t:
I dont have a recorder BUT i will have a close friend to witness the event and lend moral support (to make sure i keep my big mouth shut!)
Go out and buy one. Tell them that you will be recording the interview.Those little hand held models don't cost that much.
Go out and buy one.
An ounce of prevention is worth a pound of cure.
__________________
Rascal

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote." B.Franklin
Reply With Quote
  #37  
Old 06-30-2005, 10:38 AM
Turbinator's Avatar
Turbinator Turbinator is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Posts: 11,255
iTrader: 8 / 100%
Default

Can you use a PC and a microphone to record the interview? Or how about a video camera?

Turby
Reply With Quote
  #38  
Old 06-29-2005, 5:54 PM
bwiese's Avatar
bwiese bwiese is offline
I need a LIFE!!
 
Join Date: Oct 2005
Location: San Jose
Posts: 26,683
iTrader: 3 / 100%
Default

Record everything.

Bill Wiese
San Jose
__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life member

No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.
Reply With Quote
  #39  
Old 07-13-2005, 9:13 PM
pitbull30's Avatar
pitbull30 pitbull30 is offline
Likes Puppy Chow or Ammo
CGN Contributor
 
Join Date: Jul 2005
Location: Back Porch
Posts: 3,017
iTrader: 18 / 100%
Default

So the only way you are going to get passed this is to have the charge expunged? I guess time since the incident has no factor in decision?
Reply With Quote
  #40  
Old 06-30-2005, 8:01 PM
trever1t trever1t is offline
Member
 
Join Date: Nov 2004
Location: Nor-Cal
Posts: 121
iTrader: 0 / 0%
Default

Quote:
Now as I recall (someone please correct me!), CA law simply bans felons from gun possession, but Federal law has the more complex condition of "... or convicted of a crime where you could possibly be sentenced to more than one year."

Without a felony, you don't need pardon + your civil rights restored.

NONONO No Felony! a simple misdemenor! The Misdemenor apparently carried a maximum sentance of 5 years.
I have never commited or been convicted of a FELONY!!

So does this mean i still retain my rights on a state level even though not on a federal level???
Sounds confusing to me!
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 5:18 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, 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 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.