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2nd Amend. Politics and Laws Discuss gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-04-2006, 09:10 PM
Gunsmoker Gunsmoker is offline
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Default Do I qualify for a gun in CA with a DUI?

1 year ago I was convicted for a misdemeaner DUI. I'm on "probation" for the next 2 years. It's not like the type of probation where I get a probation officer. The "probation" just states that I cannot drive with any measurable alcohol in my body for the next 2 years.

Can I still get a gun?
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Old 09-04-2006, 09:21 PM
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I don't believe simple DUI alone is a disqualifying misdemeanor, and probation for same (as misdemeanor) should not be an issue.

You can request, from DOJ Firearms Division, a "Firearms Eligibility Check". See their website at http://www.caag.state.ca.us/firearms and drill around for this.
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Old 09-04-2006, 09:24 PM
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The "M" DUI does not preclude you. Don't worry about it. Just don't drink and drive and you will be fine.
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Old 09-04-2006, 09:43 PM
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You should be OK. Summary probation is a slap on the wrist. DROS away!!!
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Old 09-04-2006, 10:30 PM
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As long as your drivers license is back to normal (suspension over, etc.) you'll be just fine. An FFL has told me that that's the number one reason DROSes don't go through.

-Gene
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Old 09-04-2006, 10:57 PM
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I completed all of the necessary requirements (fines, classes, ect.) and I have my full reinstated license back. I have spent a lot of time this past 2 weeks researching different guns and I was looking forward to buying a .22 rifle and .45 1911. It would suck big time if I could not get a gun because of this DUI.
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Old 09-04-2006, 11:01 PM
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Yep. should be ok with a misdomeanor one. My buddy((and I use that term VERY loosely....moreover aquaintence)) was allowed to keep his guns. But stoopid fool went and did it again...felony. His loss, my gain-- he HAD to sell the firearms. EVERYBODY lowballed him. I said I'd give him between what others had offered and bluebook..... he took it.....

Just dont be a fool and go and do it again!!!!!!!!!!!!!
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Old 09-05-2006, 12:06 AM
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Default prohibited misdemeanors

you can find the list of prohibited misdemeanors in PC 12021(c) (1)

what code were you prosecuted for? was it the 23152(a) & or (b) of the VC?

I dont see it on the list.

but, you can alwys run a background check prior to the purchase, without self incriminating , thanks to a bill the NRA got passed a couple years back.
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Old 09-05-2006, 12:16 AM
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I got 2 counts: A and B.
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Old 09-05-2006, 12:20 AM
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Quote:
Originally Posted by metalhead357
Yep. should be ok with a misdomeanor one. My buddy((and I use that term VERY loosely....moreover aquaintence)) was allowed to keep his guns. But stoopid fool went and did it again...felony. His loss, my gain-- he HAD to sell the firearms. EVERYBODY lowballed him. I said I'd give him between what others had offered and bluebook..... he took it.....

Just dont be a fool and go and do it again!!!!!!!!!!!!!

How far apart were his DUI's?

I met so many repeat offenders in my alcohol program. This one guy got his second DUI 2 weeks after his first. They suspend your license a month after your arrest, so he had his license legit. He had 2 different judges for his cases and didn't mention the other DUI to either judge. The judges eventually found out about the other DUI and slapped him with more penalties.
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