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

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  #1  
Old 05-15-2011, 8:58 AM
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Default Doj delayed my Dros, will I be denied?

Hi everyone, I'm new and thought I'd ask my question here because it seems like a good place to start. I need some advice and input from you experts out there. I purchased a Sig Mosquito .22, 9 days ago now from a Turner's Outdoorsman here in Southern California. I am 29 years old and this is my first gun purchase. On Friday they called me to let me know the Dept Of Justise has put a delay on my sale until further notice. They were not given any information other than this and told me to I'd have to wait until they had further notice from DOJ.

I'm guessing that the delay is due to my past. I made a stupid mistake when i was 20 years old in 2003 when I was arrested and charged felony drug possesion of a controlled substance. (From that very day I learned my lesson and haven't touched an illegal substance since.) I obtained a lawyer at the time and he got me into a court ordered program under Penal Code Section 1210, with terms and conditions such as attending classes and paying all my fines.

I still have the letter from my attorney and it states "Under Penal Code Section 1210, once a person successfully completes court ordered treatment the case is DISMISSED pursuant to Penal Code Section 1000. Once the case has been dismissed, then under Penal Code Section 1210(d) there is no conviction and the drug conviction shall be deemed to never have occurred." The letter also states, "Once the case has been dismissed you may indicate in response to any question concerning your prior criminal record in this matter that you were not arrested or convicted for the offense."

Sorry for all the leagal mumbo jumbo, But I figured it would help you all understand my situation more clearly. Now for my question, I have been in zero trouble with the law since this incident. But I'm assuming this is the reason for delay, do you guys think I'll be denied a sale for my gun because of this? Or will the DOJ see that the case is dismissed and allow the sale of the gun to me. I checked my local counties court website and on their it shows my case but under status it clearly says "dismissed" Wouldn't this make it clear and easy for DOJ to allow the sale? Im kinda confused, maybe I'm overreacting and the DOJ is just backed up with sales and needs more time? What is your input as it is much appreciated! Thanks!
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Old 05-15-2011, 9:07 AM
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Don't assume, call DOJ on Monday and ask. DOJ is not backed up in regards to your DROS being delayed. It could be what you wrote about or it could be that your info is confused with someone else. Just call and get a direct answer. Then you'll know how to proceed.
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Old 05-15-2011, 9:18 AM
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Propagation of case resolution to DOJ sources is not always the best.

Good chance you'll probably have to communicate with them.
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Old 05-15-2011, 9:21 AM
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Generally, when there is a delay, DOJ has asked for further information from somewhere else...could be anything. When they get the information (this is where long delays can take place) they will decide yes or no on your purchase. As soon as the delay was issued, the clock on your purchase was stopped...so it won't matter if you go over 30 days. If they ultimately say you can have the firearm, you will have 30 days from the date on the "approval after delay" to pick up your firearm.

Note: Delays can be days...weeks...months. So a phone call might give you some insight as to what they are seeking and you may even help speed the process if you can get the information they want sent to them.
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Old 05-15-2011, 9:26 AM
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A delay is way better than a denial/ Definately/ contact DOJ as soon as you can/ Assuming anyting is abad idea ESPECIALLY when its a Government Agency
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Old 05-15-2011, 10:12 AM
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For sure contact DOJ. Just some speculation here but it probably is regarding the issue in 2003 and they just want verification.
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Old 05-15-2011, 10:48 AM
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I have seen this before. You will have to communicate with them most likely.

DOJ keeps everything in your "Jacket" so to speak (your file in their comoputer). Just because you are told that you can say it never occurred, doesnt mean they wont still know about it. Its there in the computer forever.

But, as i have seen with others that had the same or similar experience (now happy gun owners who learned their lesson), it is possible that they dont have all of the information in your jacket.

What i mean is, your jacket might show the arrest and the (prop 36?) alternative sentencing, but it might not have been updated to show the disposition.

This sounds like the most likely scenario (providing the delay even has anything to do with this). Your jacket might just show a felony arrest with no disposition or it might show the alternative sentencing but not the completion of it.

Like others have said, you need to call them and go from there. It may speed up the process of fixing it. They may want documentation that you have, which would be way faster then waiting fior whatever government agency they are requesting an upodate from.

Good luck!
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Old 05-15-2011, 2:14 PM
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you should be ok... just call them
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Old 05-15-2011, 2:21 PM
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A delay is way better than a denial/ Definately/ contact DOJ as soon as you can/ Assuming anyting is abad idea ESPECIALLY when its a Government Agency
The dealer doesn't get the details.
All they get is a "do not release"
They are not told whether it is a delay or a denial.
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Old 05-15-2011, 2:36 PM
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The dealer doesn't get the details.
All they get is a "do not release"
They are not told whether it is a delay or a denial.
Well...yes we are. We get a notice when we log into the DROS system...it comes up with either a "delay" or "denial" notice. Copies are mailed from DOJ as well. If it is a delay notice, subsequently we will either get an "approval after delay", or a denial. "Do not release" is stated on both the delay and denial notices (it's kind of a no-brainer we can't release the firearm).

What we don't get are any details as to the why...that's up to the individual to find out, cuz it's really none of our business.
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Old 05-15-2011, 4:47 PM
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A delay is good. A denial is quick and almost always final. With a delay, it allows you to communicate with the DOJ to get the matter resolved and get your gun. The delay DOES NOT affect your waiting period. If you've already waited the 10 days, then you can pick up your gun the second the issue is resolved.

The DOJ is actually pretty good about getting matters cleared up, and they are very easy to work with over the phone.

Call them up first thing on monday, and find out exactly what they need from you. If there is stuff to fax in, fax it in immediately and then wait 15 minutes and call them back. I've seen cases where they've literally pulled it off the fax machine and given the ok right away. While you've got them on the phone make sure they submit a notice through DROS to the dealer ASAP.

Then you can go back to the dealer, they print out the notice and file it with your paperwork and you get to take home your gun.
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Old 05-15-2011, 7:03 PM
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Thank you for your input everyone! I will call them first thing tomorrow morning. Thank everyone for not judging me and giving positive information. One last request does anyone have the proper number to reach CADOJ? I will post the results asap!
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Old 05-15-2011, 7:31 PM
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Nevermind, found it!
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Old 05-16-2011, 9:08 AM
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So I spoke with the lady from DOJ this morning and she asked me about the case in 2003 just like I thought. I explained to her that the case had been dismissed and even told her she could check my Drivers Liscense number to my county's website to see the dismissed case status. All that didn't matter to her she said they were requestiong official doucmentaion papers from the court reguarding the case and I'd have to wait for that. She said it could take anywhere from 2-6 weeks, or possibly sooner. The good news is it sounds like they will have little to deny me on, as I know I'm cleared of the charge, i guess they just have to see for themselves. Wish me luck everybody, I'm anxious, and again thanks for all the sound words and advice.
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Old 05-16-2011, 9:20 AM
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Originally Posted by BoxerDogs View Post
So I spoke with the lady from DOJ this morning and she asked me about the case in 2003 just like I thought. I explained to her that the case had been dismissed and even told her she could check my Drivers Liscense number to my county's website to see the dismissed case status. All that didn't matter to her she said they were requestiong official doucmentaion papers from the court reguarding the case and I'd have to wait for that. She said it could take anywhere from 2-6 weeks, or possibly sooner. The good news is it sounds like they will have little to deny me on, as I know I'm cleared of the charge, i guess they just have to see for themselves. Wish me luck everybody, I'm anxious, and again thanks for all the sound words and advice.
If you still live near the court involved you can ask her if you could shorten the time by going down and getting a certified copy of the dismissal and faxing/mailing it to her. You might want to have one in your safe deposit box anyway.
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Old 05-16-2011, 9:22 AM
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If you still live near the court involved you can ask her if you could shorten the time by going down and getting a certified copy of the dismissal and faxing/mailing it to her. You might want to have one in your safe deposit box anyway.
Yes, don't rely on the gubmint to keep the good stuff around..........get a copy.
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Old 05-16-2011, 9:30 AM
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Originally Posted by BoxerDogs View Post
So I spoke with the lady from DOJ this morning and she asked me about the case in 2003 just like I thought. I explained to her that the case had been dismissed and even told her she could check my Drivers Liscense number to my county's website to see the dismissed case status. All that didn't matter to her she said they were requestiong official doucmentaion papers from the court reguarding the case and I'd have to wait for that. She said it could take anywhere from 2-6 weeks, or possibly sooner. The good news is it sounds like they will have little to deny me on, as I know I'm cleared of the charge, i guess they just have to see for themselves. Wish me luck everybody, I'm anxious, and again thanks for all the sound words and advice.
Call them every single day to check up on the status. The DOJ can work slowly when they don't have a fire under their butt.
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Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
--Cesare, Marquis of Beccaria, "On Crimes and Punishment"
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Old 05-16-2011, 11:16 AM
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If you still live near the court involved you can ask her if you could shorten the time by going down and getting a certified copy of the dismissal and faxing/mailing it to her. You might want to have one in your safe deposit box anyway.
^^^This. You'll want to have a copy for the future.
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Old 05-16-2011, 11:21 AM
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good thing for you is that once this is finally adjusted and in their system, all futures buys will be pain free. as long as you continue to fly straight
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Old 05-16-2011, 12:56 PM
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A delay is way better than a denial/ Definately/ contact DOJ as soon as you can/ Assuming anyting is abad idea ESPECIALLY when its a Government Agency
re Your Avatar:

I'm a fan of Hit Girl too ;-)
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Old 05-16-2011, 2:30 PM
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So thanks to everyone's very informative posts I have some new news for you all. I went down to the courthouse this afternoon to the records/documents department to get my official disposition statement. The lady there was very nice and asked me why I was requesting a transcript and I told her for the DOJ, and my personal records. I then asked her if the DOJ had sent for the dismissal document like I was requesting. She went to the back for about 20 minutes and then came back and said she checked all of the Dept of Justice requests all the way back to April for my particular request and it wasn't there, meaning the DOJ hadn't even asked for my background check yet. On a positive note, she gave me the normally, $25 official disposition minute order, for free, stamped and everything! Still frustrated about the whole thing I went out to my car and got right on the phone with DOJ again, hoping with my new official statements from the deputy clerk I'd have more leverage.

I figured I could mail these documents in directly and save the DOJ the time and hassle. I got through to another very nice lady named "louetta" and she looked over my case and files right there while I was on the phone. She told me that sending in the paperwork was not necessary and she could see everything she needed to from her computer. (this is much different than what I was told this morning when I was told i'd have to wait 2-6 weeks and they could do nothing.) After a few minutes Louetta told me she saw no reason I shouldn't be approved and said she could start the process. She said the only bad thing is that the actual agent assigned to my case "Melinda" wasn't there until tomorrow. So she said the approval could go through today in a matter of hours or it should be done by tomorrow morning through Melinda.

Although all the information still left me a bit skeptical on what I was told, due to having to wait hours still and "should be approved" and my case worker was not there. Also the DOJ not having to have the official deputy clerk paperwork, it was all in all alot more encouraging than the info I had from DOJ this morning. They even took my number and said they'd call as soon as I'm approved. So hopefully I'll be able to give an update tomorrow with a great big happy face and this can all be behind me. (although, I'm not holding my breath) At least I now have an official disposition in my posession like most of you recommended. So thank you everyone!
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Old 05-16-2011, 2:36 PM
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Glad it worked out for you (at least in theory and promise so far). The more citizens armed the better to discourage criminals from plying their trades.
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Old 05-16-2011, 4:48 PM
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Quote:
Originally Posted by BoxerDogs View Post
So thanks to everyone's very informative posts I have some new news for you all. I went down to the courthouse this afternoon to the records/documents department to get my official disposition statement. The lady there was very nice and asked me why I was requesting a transcript and I told her for the DOJ, and my personal records. I then asked her if the DOJ had sent for the dismissal document like I was requesting. She went to the back for about 20 minutes and then came back and said she checked all of the Dept of Justice requests all the way back to April for my particular request and it wasn't there, meaning the DOJ hadn't even asked for my background check yet. On a positive note, she gave me the normally, $25 official disposition minute order, for free, stamped and everything! Still frustrated about the whole thing I went out to my car and got right on the phone with DOJ again, hoping with my new official statements from the deputy clerk I'd have more leverage.

I figured I could mail these documents in directly and save the DOJ the time and hassle. I got through to another very nice lady named "louetta" and she looked over my case and files right there while I was on the phone. She told me that sending in the paperwork was not necessary and she could see everything she needed to from her computer. (this is much different than what I was told this morning when I was told i'd have to wait 2-6 weeks and they could do nothing.) After a few minutes Louetta told me she saw no reason I shouldn't be approved and said she could start the process. She said the only bad thing is that the actual agent assigned to my case "Melinda" wasn't there until tomorrow. So she said the approval could go through today in a matter of hours or it should be done by tomorrow morning through Melinda.

Although all the information still left me a bit skeptical on what I was told, due to having to wait hours still and "should be approved" and my case worker was not there. Also the DOJ not having to have the official deputy clerk paperwork, it was all in all alot more encouraging than the info I had from DOJ this morning. They even took my number and said they'd call as soon as I'm approved. So hopefully I'll be able to give an update tomorrow with a great big happy face and this can all be behind me. (although, I'm not holding my breath) At least I now have an official disposition in my posession like most of you recommended. So thank you everyone!
good thing we don't need the DOJ permission to buy shoes or a burger & fries....YET
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Old 05-16-2011, 4:59 PM
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good thing we don't need the DOJ permission to buy shoes or a burger & fries....YET
I count more than 10 fries in that container. Those are legally "artery assault fries" and I'll have to take you in for questioning.

To the OP, sounds like things are working out! Hope to hear you were cleared tomorrow.
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Old 05-17-2011, 4:46 PM
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Got my Mosquito!!!!!! Called Melinda at DOJ this morning and I was approved! Drove straight to Turner's and picked up my gun. I am so relieved, happy, excited and greatful to all who responded to my post on here. Does the safety on the Sig Mosquito only work when it's loaded, because I tried the trigger and the hammer goes in both safety positions. It doesn't seem like the safety was engaging and the gun is brand new. Guess I'll find out for sure when I take it to the range. Thanks again Calguns people!
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Old 05-17-2011, 4:51 PM
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Congrats my man...enjoy the new pistol.
Very pleased for you that everything came together.
Enjoy...good shooting..and be safe.
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Old 05-17-2011, 4:53 PM
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enjoy your gun, really sucks DOJ made it a pain for you.
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Old 05-17-2011, 4:57 PM
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BoxerDogs...

I really hope you become an avid member here at CGN...

You seem like a really good dude.

Really great your story turned out for the positive, very happy for you.
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Old 05-17-2011, 8:06 PM
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Don't know anything about the Sig but glad you were approved and welcome aboard. Stick around and learn about just how bad you are in trouble now that you're a gun owner. Don't worry, the depression wears off pretty quick and then you can get down to work helping fix it!
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