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  #1  
Old 03-19-2013, 5:22 PM
Mike_USMCMotorT Mike_USMCMotorT is offline
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Default Failed the DOJ Background check...WTF??

Ok, so last week (March 12,2013) I bought a Mossberg 500 at the local gun shop, did the required paperwork, and payed my fees. I received a call today (March 19, 2013) telling me that I have not passed the background screening and I need to go in to get my refund. WTF? I can serve in the Marine Corps and maintain a Federal Secret Clearance but can't own a firearm? There is nothing that restricts me from owning a firearm under the federal guidelines; the only thing on my record is a Misdemeanor "battery" from over three years ago (not for domestic dispute/violence) and my wife and I have a restraining order on some crazy B*tch. These are the only things that I think could effect it, but they still don't fall under the federal restrictions so I'm lost. I immediately jumped online and printed out the Request of Appeal and sent that it along with my rolled fingerprints from an authorized facility. Is there anything else I can do? Has anybody ever had this issue? Can it be a case of mistaken identity? I do have a common name (William Mikal Jones). What are my chances of getting an appeal? I've been waiting for years to get my first gun and now am so disappointed, I can't get this out of my head.
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  #2  
Old 03-19-2013, 5:24 PM
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There is a list of prohibiting misdemeanors, and I believe that battery is on that list.
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  #3  
Old 03-19-2013, 5:26 PM
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Firearms Prohibiting Misdemeanors

Any person convicted of any of the following misdemeanors is prohibited from owning a firearm in CA for 10 years following the conviction.


Assault or battery on anyone.

Edit: Googlefu with a cut n paste
Edit x2: Im trying to find the OFFICIAL list

EDIT x3: here is the list
http://oag.ca.gov/sites/all/files/ag...ibcatmisd.pdf?
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Last edited by Nefarious; 03-19-2013 at 5:30 PM..
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  #4  
Old 03-19-2013, 5:28 PM
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Misdemeanor battery could be your issue as far as CA is concerned. You need to contact the CA DOJ, not the feds, and find out exactly why you have been denied. The LGS where you tried to buy should be able to give you a contact number. Good luck.
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Old 03-19-2013, 5:29 PM
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Sorry dude. I think it's total B.S. that you can lose your 2A rights for life from a misdemeanor. If it makes you feel any better, lots of people will be joining you on the prohibited list if SB 755 passes.
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  #6  
Old 03-19-2013, 5:34 PM
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Shouldn't the LGS disclose that information? I mean they went through all of the federal regulations with me, why not the state? They gave me a contact number when I talked to them earlier and when I called, they woman I spoke with was no help. She said that she cannot help me and I need to wait for a letter from the DOJ explaining why I was denied. THIS SUCKS!!
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Old 03-19-2013, 5:37 PM
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My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?
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Old 03-19-2013, 5:38 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
Shouldn't the LGS disclose that information? I mean they went through all of the federal regulations with me, why not the state? They gave me a contact number when I talked to them earlier and when I called, they woman I spoke with was no help. She said that she cannot help me and I need to wait for a letter from the DOJ explaining why I was denied. THIS SUCKS!!
LGS can't disclose information that they aren't given.

Quote:
Originally Posted by Mike_USMCMotorT View Post
My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?
Look up what's known as a PFEC in California. It's a form you fill out, send some money, and they tell you if you're eligible to purchase.
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Old 03-19-2013, 5:39 PM
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Quote:
Originally Posted by Merc1138 View Post
LGS can't disclose information that they aren't given.
So they don't know the state regulations?
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  #10  
Old 03-19-2013, 5:40 PM
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Quote:
Originally Posted by Merc1138 View Post
LGS can't disclose information that they aren't given.



Look up what's known as a PFEC in California. It's a form you fill out, send some money, and they tell you if you're eligible to purchase.
Thanks...I'll check it out
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  #11  
Old 03-19-2013, 5:42 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?
Quite possible the pot conviction might prevent her from owning firearms. I do know that if you have a Marijuana Medical Card you cannot own firearms.

Misdemeanor convictions of domestic violence is a lifetime ban. I would consult an attorney.

Also, you might have mutual ROs and not realize it. Sometimes a Judge will grant an RO against both parties to keep people apart. That would prohibit you.
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Last edited by Oceanbob; 03-19-2013 at 5:51 PM.. Reason: ro
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  #12  
Old 03-19-2013, 5:42 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?
look at the link I posted above
Any person who is addicted to the use of narcotics (state and federal) (dont know how that plays into her convictions)

there is also a form that you can fill out (she rather) to see if she qualifies to purchase a pistol
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  #13  
Old 03-19-2013, 5:43 PM
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Quote:
Originally Posted by Merc1138 View Post
LGS can't disclose information that they aren't given.
Quote:
Originally Posted by Mike_USMCMotorT View Post
So they don't know the state regulations?
He meant that they can't tell you why you were denied, because they are not told.
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...Nor may we relegate the bearing of arms to a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause.”
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  #14  
Old 03-19-2013, 5:43 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?
Sounds like maybe you're thinking of doing a straw purchase... don't add a felony on top of your misdemeanor.
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Old 03-19-2013, 5:44 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
So they don't know the state regulations?
Has nothing to do with being unable to disclose state regulations, they weren't told why you got denied, only that you were denied. It's technically your responsibility to have an idea of what your record is, and then compare that to all of our idiotic state laws, rather than the shop spend an hour explaining the PC in detail(that they probably don't know much about other than how to avoid getting shut down).

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Sounds like maybe you're thinking of doing a straw purchase... don't add a felony on top of your misdemeanor.
Yeah, that would be bad. At least with a CA denial you can just leave.
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Old 03-19-2013, 5:49 PM
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Well I have to take responsibility for not researching the state laws restricting gun ownership, I guess that is the downside to being new to firearms and regulation. I just feel that if the federal regulations restricting possession of a firearm can be documented on a transfer application, then they can list the state laws as well.
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  #17  
Old 03-19-2013, 5:54 PM
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I guess I am going to get denied for the Berretta PX4 Storm that I bought yesterday as well. That's $50 down the drain for background checks and $25 for the damn handgun safety test; plus the $20 it just cost me to send in an appeal, which is doomed to fail. Out $95 and now I have to return over $200 in shooting gear and wait for the refunds on my gun purchases to go back into my account.
I guess this is goodbye already Calguns....until we meet again (hopefully in 7 years).

Last edited by Mike_USMCMotorT; 03-19-2013 at 5:58 PM..
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  #18  
Old 03-19-2013, 6:01 PM
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Mike....have your wife sent in this form to check herself out:

http://oag.ca.gov/sites/all/files/pd...s/pfecapp.pdf?


So you were not DELAYED, you were DENIED...Not good news.


From the CDOJ.

DENIED – If your DROS application is denied, you will receive a letter from the DOJ Bureau of Firearms within two weeks. The letter will explain the reason and instructions on how to get a copy of the record that resulted in the denial of your application. There will also be instructions on how to dispute and correct information in your record you believe is wrong. DOJ staff cannot discuss your record over the telephone. Therefore, it is recommended that you get a copy of your record and follow the instructions for disputing inaccuracies. You may also wish to retain an attorney for legal advice and who can best represent your interests on how to restore your rights to buy firearms.

If your DROS application was denied based on a Federal Brady prohibition (e.g., out-of-state conviction, illegal/unlawful alien, military dishonorable discharge, out-of-state mental health record, etc.), you can appeal the denial of your application directly to the Federal Bureau of Investigation National Instant Criminal History Background Check System (NICS). When discussing your situation with NICS, you must include the NICS Transaction Number (NTN) associated with your firearm purchase as referenced in the denial letter sent to you by the DOJ Bureau of Firearms. You can appeal directly to NICS by downloading the NICS appeal brochure and following the instructions found at http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng

You will know the problem soon.
Let us know and still get an Attorney.

Good luck.

.
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  #19  
Old 03-19-2013, 6:02 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
$25 for the damn handgun safety test; .
Military is exempt from the HSC ...
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Old 03-19-2013, 6:07 PM
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Just looked at the disqualifying factors for the state of California: http://igundealer.com/finalgraphics/...sdemeanors.pdf. My wife's convictions do not fall under any of these categories nor the federal. We are going to try to purchase the gun in her name.
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Old 03-19-2013, 6:07 PM
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Quote:
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Military is exempt from the HSC ...
I've been out for 5 years, but thanks!
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Old 03-19-2013, 6:09 PM
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Good luck ...
Stay LEGAL brother ...
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Old 03-19-2013, 6:09 PM
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File for expungement .
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Old 03-19-2013, 6:11 PM
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Quote:
Originally Posted by Oceanbob View Post
Mike....have your wife sent in this form to check herself out:

http://oag.ca.gov/sites/all/files/pd...s/pfecapp.pdf?


So you were not DELAYED, you were DENIED...Not good news.


From the CDOJ.

DENIED – If your DROS application is denied, you will receive a letter from the DOJ Bureau of Firearms within two weeks. The letter will explain the reason and instructions on how to get a copy of the record that resulted in the denial of your application. There will also be instructions on how to dispute and correct information in your record you believe is wrong. DOJ staff cannot discuss your record over the telephone. Therefore, it is recommended that you get a copy of your record and follow the instructions for disputing inaccuracies. You may also wish to retain an attorney for legal advice and who can best represent your interests on how to restore your rights to buy firearms.

If your DROS application was denied based on a Federal Brady prohibition (e.g., out-of-state conviction, illegal/unlawful alien, military dishonorable discharge, out-of-state mental health record, etc.), you can appeal the denial of your application directly to the Federal Bureau of Investigation National Instant Criminal History Background Check System (NICS). When discussing your situation with NICS, you must include the NICS Transaction Number (NTN) associated with your firearm purchase as referenced in the denial letter sent to you by the DOJ Bureau of Firearms. You can appeal directly to NICS by downloading the NICS appeal brochure and following the instructions found at http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng

You will know the problem soon.
Let us know and still get an Attorney.

Good luck.

.
Thanks so much for the help. I will definitely look into getting an attorney to get this resolved.
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Old 03-19-2013, 6:20 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
We are going to try to purchase the gun in her name.
"WE" sounds like you are going to break the law. You understand your Battery conviction makes you prohibited from possessing right? You can't touch a gun. You cant shoot a gun. Your wife cannot have a gun that you have access to.
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Old 03-19-2013, 6:23 PM
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Quote:
Originally Posted by G-forceJunkie View Post
"WE" sounds like you are going to break the law. You understand your Battery conviction makes you prohibited from possessing right? You can't touch a gun. You cant shoot a gun. Your wife cannot have a gun that you have access to.
Thanks for clearing that up for me
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Old 03-19-2013, 6:27 PM
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I'm sorry, man. But yeah, you can stick around and discuss law changes with us
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  #28  
Old 03-19-2013, 6:31 PM
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Quote:
Originally Posted by G-forceJunkie View Post
"WE" sounds like you are going to break the law. You understand your Battery conviction makes you prohibited from possessing right? You can't touch a gun. You cant shoot a gun. Your wife cannot have a gun that you have access to.
This. I know it seems like an easy way out to get someone else to buy a gun, but it's not smart, or legal.... I hope you can get a lawyer to resolve this issue for you brother!
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Old 03-19-2013, 6:38 PM
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5150 is a legal hold. That's mental health right there.
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Old 03-19-2013, 6:45 PM
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Look into expungment. It essentially wipes away a conviction. Not sure if it would help here, but it might.
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Old 03-19-2013, 7:17 PM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
Thanks for clearing that up for me
California's DOJ is running a crack squad of LE gun grabbers whose sole task is to seize arms of anyone prohibited from owning them. As such even if your wife did legally acquire a firearm, eventually there would be a squad of cops at your door demanding she surrender the weapon.

Another wrinkle to consider; Federal law prohibits anyone from owning a gun with a conviction of a crime over 1 years sentence , even if its a misdemeanor. If you plea bargained and did probation , the law doesn't care because natch ,your guilty plea still counts on the record as a conviction.

Put another way, if traffic tickets carried a 13 month jail sentence everyone on this webpage would be just as "banned" as you are.
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Old 03-20-2013, 1:51 AM
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it is my understanding that there is a 10 year firearms prohibition in california for a misdemeanor battery conviction.

consult with an attorney.
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Old 03-20-2013, 1:57 AM
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Quote:
Originally Posted by Mike_USMCMotorT View Post
My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?
they will definitely deny her too. you just have to buy C&R only now...oh wait.
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Old 03-20-2013, 10:22 AM
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sucks to be you. (not being sarcastic, just saying it sucks)
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Old 03-20-2013, 11:00 AM
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WTF is right. . . .

What is going on around here?!

Criminals, crazies, resisting arrest, drugs, battery, straw purchases, etc...

Shut The Front Door
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Old 03-20-2013, 11:09 AM
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OP thank you for your service, but you need to do more research before you go out and buy your first gun.

Owning a firearm is a huge responsibility.

Quote:
Originally Posted by Mike_USMCMotorT View Post
I received a call today (March 19, 2013) telling me that I have not passed the background screening and I need to go in to get my refund. The only thing on my record is a Misdemeanor "battery" from over three years ago (not for domestic dispute/violence) and my wife and I have a restraining order on some crazy B*tch.
Quote:
Originally Posted by Mike_USMCMotorT View Post
My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?
Quote:
Originally Posted by sfbay View Post
straw purchases
What is a straw purchase?
A straw purchase is buying a gun for someone who is prohibited by law from
possessing one, or buying a gun for someone who does not want his or her name associated with the transaction.

It is a violation of California law for a person who is not licensed as a California firearms dealer to transfer a firearm to another unlicensed person, without conducting such a transfer through a licensed firearms dealer. (Pen. Code, § 27545.) Such a transfer may be punished as a felony. (Pen. Code, § 27590.)

Furthermore, it is a violation of federal law to either (1) make a false or fictitious statement on an application to purchase a firearm about a material fact, such as the identify of the person who ultimately will acquire the firearm (commonly known as "lying and buying") (18 U.S.C. 922(a)(6)), or (2) knowingly transfer a firearm to a person who is prohibited by federal law from possessing and purchasing it.(18 U.S.C. 922(d).)

Such transfers are punishable under federal law by a $250,000 fine and 10 years in federal prison. (18 U.S.C. 924(a)(2).)

Things to Remember About Prohibited Firearms Transfers and Straw Purchases

An illegal firearm purchase (straw purchase) is a federal crime.

An illegal firearm purchase can bring a felony conviction sentence of 10 years in jail and a fine of up to $250,000.

Buying a gun and giving it to someone who is prohibited from owning one is a
state and federal crime.

Never buy a gun for someone who is prohibited by law or unable to do so.
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  #37  
Old 03-20-2013, 11:10 AM
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Wow, that sucks. I thought I'd be banned from owning firearms for life because of my juvenile record (1 weapons felony and a weapons probation violation). So before I even tried to purchase a firearm I turned in my PFEC and found out I was ok, bought a firearm the day I got my letter back. You should turn in PFEC for both you and your wife just to be sure. PS: I still get nervous every time I'm in a 10 day waiting period for things like this, good luck.
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  #38  
Old 03-20-2013, 11:22 AM
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MARLANDO MARLANDO is offline
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Buy a Knife ?






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Old 03-20-2013, 11:36 AM
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Let me get this straight.
The OP is having an issue with CA state law but is OK under fed law?
If so the solution would be to move.
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Old 03-20-2013, 11:56 AM
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Quote:
Originally Posted by Just Dave View Post
Let me get this straight.
The OP is having an issue with CA state law but is OK under fed law?
If so the solution would be to move.
Usually a lot easier said than done, but yeah, that's what I was thinking too.
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