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 > THE CALGUNS COMMUNITY > CGSSA Southern California Chapters > L.A. Chapter
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 05-29-2013, 6:36 PM
Rastacarl Rastacarl is offline
Junior Member
 
Join Date: May 2013
Posts: 4
iTrader: 0 / 0%
Default DOJ rejected my gun sale for a misdemeanor?

I just puchaced my first Glock 19 and the shop I bought it from called me today letting me know I was rejected by the DOJ. I have a misdemeanor charge for assault and battery for a fight 10 years ago but no felonies. Anyone know what I can do to clear this up with the DOJ so I can buy my gun?
Reply With Quote
  #2  
Old 05-29-2013, 6:57 PM
Bert Gamble's Avatar
Bert Gamble Bert Gamble is offline
Veteran Member
 
Join Date: Mar 2011
Location: Willits, PRK and Soyo, Angola
Posts: 2,660
iTrader: 19 / 100%
Default

Someone with more knowledge will chime in soon, but I think the assault and battery is a 10 year ban. Maybe you haven't passed that mark yet. What was your conviction date?
__________________
WARNING: This post will most likely contain statements that are offensive to those who lack wit, humor, common sense, and or maturity.

Satire: A literary composition, in verse or prose, in which human folly and vice are held up to scorn, derision, or ridicule.
_____________________________________________
Reply With Quote
  #3  
Old 05-29-2013, 7:03 PM
GMG's Avatar
GMG GMG is offline
Calguns Addict
 
Join Date: Dec 2008
Location: El Cajon, CA.
Posts: 7,516
iTrader: 131 / 100%
Default

Quote:
Originally Posted by Rastacarl View Post
I just puchaced my first Glock 19 and the shop I bought it from called me today letting me know I was rejected by the DOJ. I have a misdemeanor charge for assault and battery for a fight 10 years ago but no felonies. Anyone know what I can do to clear this up with the DOJ so I can buy my gun?
Great first post............Welcome aboard !
__________________
Reply With Quote
  #4  
Old 05-29-2013, 7:06 PM
Rastacarl Rastacarl is offline
Junior Member
 
Join Date: May 2013
Posts: 4
iTrader: 0 / 0%
Default

It was in 2004. So I guess I got another year then if that's the case. I thought if there was no felonies you were good to go.
Reply With Quote
  #5  
Old 05-29-2013, 7:08 PM
Zarovich's Avatar
Zarovich Zarovich is offline
Member
 
Join Date: Jan 2013
Location: Stockton
Posts: 105
iTrader: 1 / 100%
Default

The DOJ crossreferenced ur name here on Calguns and guessed you lied about the whole
No illegal substances checkbox...
Reply With Quote
  #6  
Old 05-29-2013, 7:14 PM
Rastacarl Rastacarl is offline
Junior Member
 
Join Date: May 2013
Posts: 4
iTrader: 0 / 0%
Default

LOL! I'm legit man... No illegal substances
Reply With Quote
  #7  
Old 05-29-2013, 9:19 PM
G-forceJunkie's Avatar
G-forceJunkie G-forceJunkie is offline
Veteran Member
 
Join Date: Jul 2010
Location: SCV, So. Cal
Posts: 4,134
iTrader: 23 / 100%
Default

Quote:
Originally Posted by Rastacarl View Post
It was in 2004. So I guess I got another year then if that's the case. I thought if there was no felonies you were good to go.
Nope. There are many misdemeanors the prohibit you for life. Some for only 10 years.
Reply With Quote
  #8  
Old 05-29-2013, 9:45 PM
Ricky-Ray's Avatar
Ricky-Ray Ricky-Ray is offline
Veteran Member
 
Join Date: Jan 2010
Location: West Covina, CA
Posts: 3,179
iTrader: 52 / 100%
Default

Maybe Calguns Foundation can help.

http://www.calgunsfoundation.org/get-help/hotline/
__________________
Ray

"If you lead your life the right way, the karma will take care of itself. The dreams will come to you." - Randy Paush, Carnegie Mellon University

Reply With Quote
  #9  
Old 05-29-2013, 9:49 PM
bigchinner's Avatar
bigchinner bigchinner is offline
Senior Member
 
Join Date: May 2011
Location: So.Cal./E.LA/OC
Posts: 1,338
iTrader: 35 / 100%
Default

Maybe it was a felony originally and dropped to a lower charge and still is a "felony" on file? I have no idea. just a thought. good luck
Reply With Quote
  #10  
Old 05-29-2013, 10:44 PM
RickD427's Avatar
RickD427 RickD427 is offline
Veteran Member
 
Join Date: Jan 2007
Location: King County
Posts: 4,052
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Rastacarl View Post
It was in 2004. So I guess I got another year then if that's the case. I thought if there was no felonies you were good to go.
If you were convicted of a misdemeanor assault (240PC) or battery (242PC) within the last ten years, then you're a prohibited person.

No felony required.

Here's the pertinent part of the Penal Code:

"29805. Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, paragraph (1) of subdivision (a) of
Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,
245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or
830.95, subdivision (a) of former Section 12100, as that section read
at any time from when it was enacted by Section 3 of Chapter 1386 of
the Statutes of 1988 to when it was repealed by Section 18 of
Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or
Section 27510, or Section 8100, 8101, or 8103 of the Welfare and
Institutions Code, any firearm-related offense pursuant to Sections
871.5 and 1001.5 of the Welfare and Institutions Code, or of the
conduct punished in subdivision (c) of Section 27590, and who, within
10 years of the conviction, owns, purchases, receives, or has in
possession or under custody or control, any firearm is guilty of a
public offense, which shall be punishable by imprisonment in a county
jail not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. The court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
section. However, the prohibition in this section may be reduced,
eliminated, or conditioned as provided in Section 29855 or 29860."
Reply With Quote
  #11  
Old 05-30-2013, 12:50 AM
jdben92883 jdben92883 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2012
Location: Corona
Posts: 2,909
iTrader: 154 / 100%
Default

Remember your med-card means you're legit inside the state, but you're still violating Fed law. But don't worry...be happy!!

Quote:
Originally Posted by Rastacarl View Post
LOL! I'm legit man... No illegal substances
__________________
NRA Benefactor Member
Reply With Quote
  #12  
Old 05-30-2013, 6:23 AM
Dantedamean's Avatar
Dantedamean Dantedamean is online now
Senior Member
 
Join Date: Apr 2012
Posts: 2,257
iTrader: 1 / 100%
Default

Look up the meaning of straw purchase and redact that last post of yours. It's also a crime for a prohibited person to use a firearm.
Reply With Quote
  #13  
Old 05-30-2013, 6:25 AM
5thgen4runner's Avatar
5thgen4runner 5thgen4runner is offline
"Dickish" Juggernaut
CGN Contributor
 
Join Date: Mar 2011
Location: Placerville
Posts: 3,490
iTrader: 42 / 100%
Default

Rasta delete that last post.

Sent from five fingers to the face.
Reply With Quote
  #14  
Old 05-30-2013, 6:26 AM
PolishMike's Avatar
PolishMike PolishMike is offline
Calguns Addict
 
Join Date: Nov 2007
Location: Tracy
Posts: 5,715
iTrader: 24 / 96%
Default

Quote:
Originally Posted by Rastacarl View Post
Thanks for the feedback guys. The wife will be purchasing our guns for a year in he mean time.
Wow. Talk about self-incrimination.

Good job.... good job.

Some people are just born winners

Sent from my SCH-I535 using Tapatalk 2
__________________
Tracy Rifle and Pistol
7601 W 11th St
Tracy Ca 95304
209 833-9100
For sales Questions please email Sales@tracyrifleandpistol.com
Reply With Quote
  #15  
Old 05-30-2013, 6:36 AM
junior40er's Avatar
junior40er junior40er is offline
Veteran Member
 
Join Date: Apr 2013
Posts: 2,997
iTrader: 19 / 100%
Default

Yes, you need to delete that ASAP.


Thos who quoted him should delete as well.
Reply With Quote
  #16  
Old 05-30-2013, 7:34 AM
Rastacarl Rastacarl is offline
Junior Member
 
Join Date: May 2013
Posts: 4
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Dantedamean View Post
Look up the meaning of straw purchase and redact that last post of yours. It's also a crime for a prohibited person to use a firearm.
My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.
Reply With Quote
  #17  
Old 05-30-2013, 7:47 AM
glockman19's Avatar
glockman19 glockman19 is offline
Calguns Addict
 
Join Date: Jun 2007
Posts: 9,781
iTrader: 18 / 100%
Default

Quote:
Originally Posted by Rastacarl View Post
My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.
YES it is considered a straw purchase. YOU can NOT posess or have access to firearms or ammunition.
Reply With Quote
  #18  
Old 05-30-2013, 8:40 AM
PolishMike's Avatar
PolishMike PolishMike is offline
Calguns Addict
 
Join Date: Nov 2007
Location: Tracy
Posts: 5,715
iTrader: 24 / 96%
Default

Quote:
Originally Posted by Rastacarl View Post
My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.

Dude - You can't TOUCH firearms. You are PROHIBITABIDO
__________________
Tracy Rifle and Pistol
7601 W 11th St
Tracy Ca 95304
209 833-9100
For sales Questions please email Sales@tracyrifleandpistol.com
Reply With Quote
  #19  
Old 05-30-2013, 8:50 AM
E Michael's Avatar
E Michael E Michael is offline
Senior Member
 
Join Date: Jun 2012
Location: North Highlands, CA (right by sacramento)
Posts: 1,657
iTrader: 9 / 100%
Default

Popcorn anyone?
Reply With Quote
  #20  
Old 05-30-2013, 9:00 AM
Ninety's Avatar
Ninety Ninety is offline
Veteran Member
 
Join Date: Nov 2012
Location: OC , AZ
Posts: 3,982
iTrader: 7 / 100%
Default

Isn't it a crime to attempt to purchase a gun while being prohibited?

His wife buying a gun for herself is not a straw purchase..

OP you can not have access to said firearm. Very tricky situation. But given the states ability to do its job.. I don't think they will catch this untill 5 yrs down the road.. although they did just steal all that DROS money so maybe they are enforcing going forward..

keep an eye out for those black vans.
__________________
NRA Member
The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
All that is required for evil to prevail is for good men to do nothing.
-Edmund Burke
I'd much rather go to my grave never needing my gun, than go there wishing I had it.
- Phil Dalmolin

The Battle of Athens was illegal too.
Reply With Quote
  #21  
Old 05-30-2013, 9:14 AM
Dantedamean's Avatar
Dantedamean Dantedamean is online now
Senior Member
 
Join Date: Apr 2012
Posts: 2,257
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Rastacarl View Post
My wife has bought a gun for herself and is waiting the standard 10 wait period. Would that be considered a straw purchase just because I am unable to buy a gun? We are both first time buyers and I just ended up rejected. Does anyone know if just because I can not buy or own one, does that make her restricted from owing one? Were not trying to break any laws. We both just wanted to have a home defense gun each of our own. Now it would just be her given my prior.
She can still legally own a gun, however you can not be able to gain access to it at any time. So from a home defense standpoint, if she wants it loaded on the night stand, you would need to sleep in another room and her door must remain locked and you can not have a key to the room. Now this is only one example, she can keep a small gun safe mounted to the night stand with the gun loaded in it, I believe that satisfies the legal requirements, however you can not know the combination to the safe.

Quote:
Originally Posted by glockman19 View Post
YES it is considered a straw purchase. YOU can NOT posess or have access to firearms or ammunition.
No, it's only a straw purchase if the gun is intended to be used by him. She can still legally buy a gun, however she must keep him from gaining access to it or any parts or ammo. By, for example, keeping it locked up when she is not at the range.

Last edited by Dantedamean; 05-30-2013 at 9:20 AM..
Reply With Quote
  #22  
Old 05-30-2013, 2:41 PM
HappyCamper781 HappyCamper781 is offline
CGSSA Coordinator
 
Join Date: Oct 2012
Posts: 1,841
iTrader: 25 / 100%
Default

Currently, California is taking guns away from any household members who cohabitate with a prohibited person.
Reply With Quote
  #23  
Old 05-30-2013, 4:56 PM
200Apples's Avatar
200Apples 200Apples is offline
Senior Member
 
Join Date: Dec 2011
Posts: 643
iTrader: 0 / 0%
Default

You said, "cohabitate". Hee hee hee...

Srsly, tho... this is a serious subject; Rasta, I feel ya, man.

Hang on until you're off The List.

:-)
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 12:57 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.