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View Full Version : Need advice- 4 year old outstanding speeding ticket for 5 miles over- forgot about it


iansilv
03-14-2011, 11:23 AM
Hello,
I was just about to buy a gun down at a local shop, and then I remembered a speeding ticket I received in Lordsburg, NM about 4 years ago. It was literally for doing 75 in a 65, and I just plain forgot- I have not been back to the state since.

So now, I can imagine they are pretty annoyed and I know I need to get it taken care of. But there is this gun I would really like to buy right now...

So my question is, will this outstanding warrant for a failure to appear kick back my background check to buy a gun in California? The gun is not a handgun, it is an AR-15 with a bullet button.

Any advice appreciated. And yes- I know- I need to get the dang ticket paid for! :)

sfpcservice
03-14-2011, 11:44 AM
If it were ME...... I would contact the clerk of the court having jurisdiction and see what needs to be done to take care of the ticket and the warrant if one was issued......from a PAYPHONE in a different city, that might tell you if you need to get an attorney or just submit payment. As far as your gun goes...I think that is the least of your worries until this is resolved. But YOU should handle it any way you see fit as I am not a lawyer and this is not legal advice....it's just what I would do.

paul0660
03-14-2011, 11:47 AM
That's ten miles over. I have been to NM, they use the same math thingie we do.

themethod
03-14-2011, 12:04 PM
Unfortunately I am quite familiar with ca traffic court due to having a lead foot when I was younger. You can buy guns without a drivers license, use a ID card or passport. I've had FTA, bench warrants and license suspended and never had any problems. Also if you have outstanding tickets or suspended license that are over 5 years the DMV just clears them... not sure about the court though and I plan to never find out.

Just my experience FWIW. I am not a lawyer and YMMV so take with a grain of salt.

626Tony
03-14-2011, 12:06 PM
call them , give them your money, and get it cleared otherwise use a state issued ID

ylws2k
03-14-2011, 12:14 PM
You're G2G on the handgun purchase, but I would recommend you take care of it before you get pulled over and are forced to take care of it.

gunsmith
03-14-2011, 12:15 PM
post removed by author

iansilv
03-14-2011, 12:17 PM
OK thanks for the advice. The ticket is in New Mexico, so my California license is fine. However, I just realized I never got a new license with my new address on it- I moved literally down the street about 1 year ago.... ARGH!

OK so now I get to go to the DMV and get that resolved too. But ylws2k- so you are saying I am ok to buy a gun if i have an outstanding warrant on a speeding ticket from New Mexico from 2009?

Porterhouse
03-14-2011, 12:21 PM
Unfortunately I am quite familiar with ca traffic court due to having a lead foot when I was younger. You can buy guns without a drivers license, use a ID card or passport. I've had FTA, bench warrants and license suspended and never had any problems. Also if you have outstanding tickets or suspended license that are over 5 years the DMV just clears them... not sure about the court though and I plan to never find out.

Just my experience FWIW. I am not a lawyer and YMMV so take with a grain of salt.
A passport is not acceptable. It does not show state residence.

ylws2k
03-14-2011, 12:25 PM
Iansilv I replied to your pm a few minutes ago, you should be fine.

taperxz
03-14-2011, 12:26 PM
I think one thing people are missing here is that the ticket is not just a ticket any more. It is a failure to appear and the OP may have an outstanding warrant which does not go away after 5 years and is NOT JUST AN INFRACTION. I would call down there and clear it up prior to purchase.

inbox485
03-14-2011, 12:39 PM
You may very well have an outstanding bench warrant. I'd be making some phone calls and sort it out.

iansilv
03-14-2011, 12:54 PM
You may very well have an outstanding bench warrant. I'd be making some phone calls and sort it out.

It is an outstanding bench warrant. Will that prevent me from buying a gun in CA?

tleeocinca
03-14-2011, 1:03 PM
If you have any outstanding warrants, you would be a fugitive from Justice. I say clear the ticket and hold off buying a gun for now. Things will only get worse if you do not get it resolved.

Anchors
03-14-2011, 1:13 PM
Why not just contact the clerk of the court in NM and try to pay it?

taperxz
03-14-2011, 1:29 PM
Op! Fix the problem THEN buy the gun! What's the problem with doing that?

Unless you already talked to people in NM and didn't like what you heard.

themethod
03-14-2011, 1:32 PM
A passport is not acceptable. It does not show state residence.

Sorry for the miss-information; I stand corrected.

http://ag.ca.gov/firearms/resprf.php

Sgt Raven
03-14-2011, 1:36 PM
FWI I've read stories in the local paper that people are getting jacked up by CaDMV for old tickets from other states now, as in they're holding their CaDL till its cleared off their record. This is a new thing so just because you haven't had a problem in the past doesn't mean you won't now.

FYI-YMMV

iansilv
03-14-2011, 1:39 PM
Guys- I am doing just that. I called and got the info and am paying it off. I am not asking about whether or not I should pay the ticket. I am asking very specifically if at this moment- when the ticket is outstanding- if it will prevent me from purchasing a gun. I am well aware I should Pay it off and will do. But at this moment when the ticket is outstanding and he warrant has been issued if it will prevent me from buying a gun.

paul0660
03-14-2011, 1:41 PM
will this outstanding warrant for a failure to appear

Do you know for a fact that the warrant exists?

taperxz
03-14-2011, 1:45 PM
You don't get it OP, pay the ticket PRIOR to buying the gun. DOJ can say something IF they have the info. Why take the risk?

taperxz
03-14-2011, 1:48 PM
If you have already made arrangements to pay with NM with a payment system in place, you should be gtg

iansilv
03-14-2011, 1:54 PM
Do you know for a fact that the warrant exists?

It has been issued

Carnivore
03-14-2011, 1:59 PM
Googlefu...use it..:D

http://www.courtreference.com/Hidalgo-County-New-Mexico-Courts.htm

CHS
03-14-2011, 6:26 PM
Guys- I am doing just that. I called and got the info and am paying it off. I am not asking about whether or not I should pay the ticket. I am asking very specifically if at this moment- when the ticket is outstanding- if it will prevent me from purchasing a gun. I am well aware I should Pay it off and will do. But at this moment when the ticket is outstanding and he warrant has been issued if it will prevent me from buying a gun.

Yes. It will most likely prohibit you from purchasing the gun.

I've seen many cases where people came into buy a gun, and was then denied because of old tickets in other states. Even old tickets that had been taken care of, but paperwork got misfiled.

I've even seen people who have bought multiple guns in a row and then BAM, all of a sudden they get a denial due to some weird old ticket (usually that means the DoJ skipped the NICS check when the firearm was in DROS).

Even if you call them up and pay the ticket right now, you may still get a denial because it will take time for paperwork to go through.

iansilv
03-14-2011, 6:34 PM
Yes. It will most likely prohibit you from purchasing the gun.

I've seen many cases where people came into buy a gun, and was then denied because of old tickets in other states. Even old tickets that had been taken care of, but paperwork got misfiled.

I've even seen people who have bought multiple guns in a row and then BAM, all of a sudden they get a denial due to some weird old ticket (usually that means the DoJ skipped the NICS check when the firearm was in DROS).

Even if you call them up and pay the ticket right now, you may still get a denial because it will take time for paperwork to go through.

Thank you. I actually faxed a letter to the court house and will follow up with them to take care of this asap. I will also wait the maximum amount of time to do the DROS check, to give the maximum amount o time for everything to go through. I put the gun on layaway- it was a great price- and everything should be fine. I talked to the court extensively- one horse town, if you know what I mean, so she promised she will be on it as soon as I send payment to get everything cleared.

taperxz
03-14-2011, 6:39 PM
LOL, next time pay the ticket! NO ONE REALLY forgets.

iansilv
03-14-2011, 6:41 PM
LOL, next time pay the ticket! NO ONE REALLY forgets.

That's the truth...

thedrickel
03-14-2011, 6:59 PM
Yes. It will most likely prohibit you from purchasing the gun.

I've seen many cases where people came into buy a gun, and was then denied because of old tickets in other states. Even old tickets that had been taken care of, but paperwork got misfiled.

I've even seen people who have bought multiple guns in a row and then BAM, all of a sudden they get a denial due to some weird old ticket (usually that means the DoJ skipped the NICS check when the firearm was in DROS).

Even if you call them up and pay the ticket right now, you may still get a denial because it will take time for paperwork to go through.

I wonder if they bother running them on people with COE's . . . you would think after about my 13th DROS every year they would get tired of running my info thru NICS ;)

inbox485
03-14-2011, 8:19 PM
It is an outstanding bench warrant. Will that prevent me from buying a gun in CA?

If nothing else, you are a fugitive from justice under federal law. Stating otherwise on the federal form would be a felony and this nifty thread would be proof you didn't forget. IOW, don't try it until this is cleared up.

iansilv
03-14-2011, 8:26 PM
If nothing else, you are a fugitive from justice under federal law. Stating otherwise on the federal form would be a felony and this nifty thread would be proof you didn't forget. IOW, don't try it until this is cleared up.

Clearing it up as we speak. Or type. Whatever- I'm clearing it up.

NOTARPilot
03-14-2011, 10:12 PM
If it were ME...... I would contact the clerk of the court having jurisdiction ......from a PAYPHONE in a different city,

And don't forget to disguise your voice.......LOL
Do you really think the court clerk is tracing phone calls to catch people calling about how to take care of outstanding tickets????:rofl:

CHS
03-14-2011, 10:23 PM
I wonder if they bother running them on people with COE's . . . you would think after about my 13th DROS every year they would get tired of running my info thru NICS ;)

I do know for a fact that the DOJ DOES NOT run every single long gun transaction through NICS. They do what they can. That's about it.

gunsmith
03-14-2011, 10:37 PM
post removed by author

CHS
03-14-2011, 11:00 PM
pffffft! I doubt NM even talks to CA, They'll take your money in NM but you guys are making a fud mountain when what it really is, is half a molehill.


It's not a matter of NM talking to CA. It's a matter of NM courts talking to NICS. All states courts talk to NICS.


I would bet he could buy the rifle, without a hiccup. Really a freaking 5 yr old speeding ticket?


I saw a guy who got rejected because of a ticket on the east coast (I wanna say it was Boston) after something like 12 years. He had been buying guns for years and it never popped up. Then for whatever reason, bam, it was there and the DOJ denied him. It was in NICS. This wasn't CA screwing him over. It just happened to pop up in NICS finally and caught up with him. TWELVE YEARS.


A 5 yr old speeding ticket in another state is not going to stop you from buying a rifle or prevent you from even getting a ccw. .... ignore it

Yes it will. I've seen it. I've had to call these people personally to tell them their transfer was stopped by the DOJ. Stop being so dense.

On top of that, as someone else pointed out, an ignored ticket after that many years makes you a fugitive from justice, which is a question that the 4473 asks you about. Lying on that question (which he would be, since the OP ACKNOWLEDGED that he has this outstanding ticket) would be a FEDERAL CRIME.

This is actually serious.

The OP is doing the smart thing and realizing he has this hanging over his head and he's taking care of it.

gunsmith
03-14-2011, 11:44 PM
OK! you talked me into it!
;-)

Kharn
03-15-2011, 2:20 AM
A warrant's a warrant.
Expect the cops to be waiting for you when you go to receive your firearm, regardless of what type you attempt to purchase. Until the situation is 100% resolved, including a letter from the clerk of the court where the offense occurred saying you've handled the charges, I would not set foot in a gun store.

bruceflinch
03-15-2011, 7:06 AM
Hello,
I was just about to buy a gun down at a local shop, and then I remembered a speeding ticket I received in Lordsburg, NM about 4 years ago. It was literally for doing 75 in a 65, and I just plain forgot- I have not been back to the state since.
Any advice appreciated. And yes- I know- I need to get the dang ticket paid for! :)

OK thanks for the advice. The ticket is in New Mexico, so my California license is fine. However, I just realized I never got a new license with my new address on it- I moved literally down the street about 1 year ago.... ARGH!



Better get a DNA test while you're at it, in case you owe some child support you forgot about! :D

vinson
03-15-2011, 8:11 AM
Glad you are going to take care of it. My DMV CA license renewal was held up this year because of a traffic citation I received 15 yrs ago in Pennsylvania. I received my CA driver's license renewal forms but didn't get the new license after I had sent in the fees. I contacted DMV and they said I had this unresolved citation in PA from 15 yrs ago and wouldn't renew until I took care of it. They never let me know there was a problem until I called when my old license was about to expire. Turns out after about 20 phone calls, that I had paid the fees back then and it was completely cleared up but because of a computer glitch, I was on the "do not renew" national list. I had to get a letter from the PA judge sent to the PA DOT before they would take me off the black list. And this only occurred after much shouting from my end at the boneheads of the PA DOT. Many grey hairs later, I got my license renewal from the great state of CA. Pay the damn ticket!!!

iansilv
03-21-2011, 6:29 PM
Alright, got the form, fedexing it back with a cashier's check for the amount tomorrow. There was a hold-up while the judge was out but today I spoke to the court clerk and everything is good. She says that when they get the money, they will take the warrant off, and everything will be fine.

Now- here is a simple serious question- now that this has been taken care of (thank you to everyone who told me to take care of it- that was always my plan) I want to be sure that my background check will not be denied for any reason. I have NEVER been arrested or even questioned about violent or felonious behavior- nothing in my youthful past or anything. I have forgotten about traffic tickets- as I stated here. Parking tickets have eventually caught up with me on registration.

Is there a way I can do any sort of pre-check on myself to be certain I will be ok?

Thank you.

LoneWolf1
03-21-2011, 6:47 PM
Is there a way I can do any sort of pre-check on myself to be certain I will be ok?

Thank you.


PERSONAL FIREARMS ELIGIBILITY CHECK (ag.ca.gov/firearms/forms/pdf/pfecapp.pdf)

iansilv
03-21-2011, 7:00 PM
Thanks- and just to be clear- this duplicates whatever process that a regular firearm purchase does with a gun store? I am mainly concerned about screw-ups of paperwork with this ticket being taken care of...

five.five-six
03-21-2011, 7:01 PM
Hello,
I was just about to buy a gun down at a local shop, and then I remembered a speeding ticket I received in Lordsburg, NM about 4 years ago. It was literally for doing 75 in a 65, and I just plain forgot- I have not been back to the state since.

wouldn't that make you a fugitive from justice? :nono:

iansilv
03-21-2011, 7:05 PM
wouldn't that make you a fugitive from justice? :nono:

Are you going to reply to every post here after the first? :)

five.five-six
03-21-2011, 7:19 PM
sry, I only read the first 2 pages... just trying to keep friends of AII out of club fed :)

BigDogatPlay
03-21-2011, 9:55 PM
Go to this link (http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf) and run through the Personal Firearms Eligibility Check. That is the only way to tell, short of running a DROS.

If the warrant was entered into NCIC, it would / should bounce a NICS check immediately. And, as above, executing a 4473 form under penalty of perjury and flubbing the "fugitive from justice" question because of that pesky old warrant would be a felony in the federal system.

Not all states put their traffic warrants in NCIC, largely because extraditing traffic warrants from out of state would consume way more money than the fine will bring in. But those kinds of warrant do turn up on the system now and again.

Very glad you took care of it.

couch
03-31-2011, 11:45 AM
I have a similar question, however it is slightly different.

I received a ticket for expired registration. Registration was paid for in full, but failed SMOG due to a check engine light. I've since taken care of the smog and now have my registration, however the ticket has not been paid yet. I am in the process of handling it. While I was at AAA I had them give me a quote on Insurance and they ran my license. It popped up that my license had a suspension on it. Again, I am in the process of handling all of this.

Question is though, I have proof of residence (registration/ID). Will this suspension/unpaid ticket get in the way of DROS of a shotgun?

iansilv
03-31-2011, 11:54 AM
I gunk it depends on why your license is suspended. Read this thread, lots of people chimed in on my issue.

Midian
03-31-2011, 12:08 PM
LOL, next time pay the ticket! NO ONE REALLY forgets.

No no no no

FIGHT the ticket.

couch
03-31-2011, 12:33 PM
License was suspended due to nonpayment of the fix a ticket for registration expiration. Fix a ticket wasn't fixed since the car was stuck at the shop waiting for parts.

I have gone thru the thread and it looks, unless I am mistaken, that the main difference and problem with your situation was that you had/have a warrant. I do not. Just an outstanding ticket.

TRICKSTER
03-31-2011, 5:40 PM
A warrant's a warrant.
Expect the cops to be waiting for you when you go to receive your firearm, regardless of what type you attempt to purchase. Until the situation is 100% resolved, including a letter from the clerk of the court where the offense occurred saying you've handled the charges, I would not set foot in a gun store.

Total FUD. You will not be arrested in CA because you have an outstanding traffic warrant for speeding in New Mexico. 40304.5 of the California Vehicle Code makes it too difficult. Besides that I doubt that New Mexico would confirm the warrant if a CA Police Officer tried to arrest you since they would be responsible to come and get you.