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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 02-13-2012, 9:55 PM
YeAreMany-TheyAreFew YeAreMany-TheyAreFew is offline
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Default How long can DOJ keep a "hold" on my revolver?

Hey everyone,

I've read up on past problems/experiences people have had with the DOJ putting "holds" on their firearms for numerous reasons and I thought I'd post my questions to get some advice and clarifications.

A couple weeks ago I waited the 10-day waiting period then received a call from my FFL stating that the DOJ put a hold on my revolver that my father sent me. I called the DOJ and they asked if I remembered being arrested in another state in 2008 (which I did). The FBI apparently opened a file of some sort that the DOJ said they needed more information about in order to approve my transfer.

This arrest was considered unlawful in court and was dismissed. Therefore, I have no felonies, warrants, or convictions of any sort.

My main questions are: How long can the DOJ keep this hold active? Is there a time limit?

Is there anything I can do to speed this up or ensure that it won't happen again in the future?

Thanks in advance for the help. Unlike previous threads I've followed, I WILL keep y'all updated with what happens.
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  #2  
Old 02-13-2012, 10:44 PM
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tiko tiko is offline
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I think of 30 days but some ones with experiences will chime in
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  #3  
Old 02-14-2012, 8:09 AM
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zinfull zinfull is offline
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Until it gets cleared up. It took me 8 months to clear up a serial number problem. The police pulled the gun and no one but me was in a hurry.

jerry
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  #4  
Old 02-15-2012, 1:53 PM
YeAreMany-TheyAreFew YeAreMany-TheyAreFew is offline
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Wow, 8 months?!? That's terrible.

I'll try to be patient then and keep calling DOJ twice a week.
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  #5  
Old 02-15-2012, 1:55 PM
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CSACANNONEER CSACANNONEER is offline
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I think that DOJ's policy is to only place holds on firearms for up to TWO WEEKS. Yea, you're screwed.
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  #6  
Old 02-15-2012, 2:09 PM
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There seems to be an issue lately where the FBI is getting the arrest records from the LEAs and using that information to flag your file. If you were arrested for a crime that you COULD have spent more than a year in jail it will be there. Problem is that if the charges were never pursued no DA/court records will exist to get that flag removed. Get a lawyer because this will keep coming back to haunt you.
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  #7  
Old 02-15-2012, 2:14 PM
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What is up with all the holds and denials lately?

OP have you purchased a weapon in CA since that arrest?

Also did you send DoJ any paperwork you may have showing your case was dismissed? Which might help, but I imagine you might have to consult a lawyer if they continue to hold the weapon (or not send it back to your father).

Keep us informed.

Good luck!
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  #8  
Old 02-21-2012, 4:49 PM
YeAreMany-TheyAreFew YeAreMany-TheyAreFew is offline
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RESOLVED!

After bugging the hell out of the people at the DoJ, I got someone who asked if I had paperwork showing my case was dismissed, which somehow I do. I faxed it to them and after they lost it, had me re-fax it, and forgot to call me, I have been approved. If I didn't hold on to this paperwork for the last 3.5 years, I don't know what would have happened. Thanks everyone for the helpful info!

Also, to answer an above question, this is my first firearm purchase in CA (or anywhere) since that arrest.
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  #9  
Old 02-21-2012, 5:04 PM
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Quote:
Originally Posted by Shellshocker66 View Post
What is up with all the holds and denials lately?
Can you spell KAMALA?
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  #10  
Old 02-21-2012, 5:34 PM
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keep that paperwork. Copy it, frame it, wallpaper your home with it.
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  #11  
Old 02-21-2012, 5:37 PM
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Quote:
Get a lawyer because this will keep coming back to haunt you.
I would rather disrobe on the courthouse steps than pay a shyster to clear up someone else's screwup.

And not because I like to get naked in public.
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  #12  
Old 02-22-2012, 5:16 PM
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Quote:
Originally Posted by paul0660 View Post
And not because I like to get naked in public.
You do realize that it is a sin to lie?
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