#241
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If the background check comes back as unlawful to posses or unable to purchase, somewhere in the fine print you agreed to give up all of your guns, not just the ones you registered through CFARS.
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#243
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I know a guy who got his old Attempted Murder charge quashed enough to get a Guard Card, but can't get Firearm Permit or own guns.
I hear all the Reduction is mostly for employment, but even that is only for jobs were its otherwise OK to be a Felon, just maybe their Ins or something says No. Its so you can check "no" to 'every been convicted of a felony' when applying to McD's in SF.
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DOES PEPPER SPRAY WORK? AFTER REPEATED POINT BLANK SHOTS TO THE FACE...OVER A SIMPLE WORKPLACE DISAGREEMENT??? you decide, and you will laught, too https://www.youtube.com/watch?v=kn9YdML8PPw |
#244
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The redesignation changes the charge to a misdemeanor, and as the law states, for all purposes shall be treated as such - this is to include gun rights. There is either (a) a liberal agenda in the DOJ preventing them from following the law and clearing our record or (b) the DOJ has not been funded and does not have the manpower to manually clear each record with their system as well as the relevant federal systems. |
#245
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#250
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For What It's Worth!
From RGB Law Firm:
August 2017 Note: We have had several clients rejected by NICS after a Prop 64 reduction, while other clients have been able to purchase a firearm after our Prop 64 reduction. We are currently appealing the denials, and believe that NICS is erroneously rejecting some people. Prop 64 is very clear that a reduction/redesignation makes the offense a misdemeanor “for all purposes.” Thus, due to the relative newness of Prop 64, the law with respect to gun *purchasing* after a Prop 64 reduction is in flux. There is, however, no doubt that after a Prop 64 reduction a person may lawfully *possess* and use a firearm -because that person is no longer a felon.] I am now in Oregon, and will soon try to purchase a hand gun. |
#251
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Papa, has you been to the FBI NICS Appeal web site?
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#252
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#254
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Update. I am meeting with an attorney next Friday to file a writ of Mandate (rather than attempt on my own). He's already done this for a few Prop 64 clients that are in the same boat as most of us posting here. All of the courts he's filed in have agreed that the language of Prop 64 is clear it is a misdemeanor for all purposes and have ordered the DOJ to act accordingly. The DOJ is continuing to deny purchases even with the writ of mandate, but it's the step that has to be taken in order to get to the next step, most likely the DOJ filing with the appeals court and it going there. I think they are hoping that it will be too cost prohibitive for someone to keep pushing as their budget is seemingly endless. Going to DROS again tomorrow just to keep one fresh in the system. Will be the 6th attempted purchase of a firearm by a person considered by the DOJ to be prohibited, yet 0 law enforcement contact. Makes me wonder why they aren't following up on that.
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#255
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The FBI NICS Appeal site was down for a time. It is now up again and working on appeals from 2015 ........, as they are back logged. As I understand it, one can file a NICS appeal online.
Information you already know. https://www.fbi.gov/services/cjis/ni...m-nics-appeals Last edited by Dilexi; 09-15-2017 at 5:43 PM.. |
#256
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conjecture? Quite a Conundrum! I was convicted HS 11359 in 1995. 6 months at the County Farm, 5 years probation, 80 hours of community service, 6 months in a drug program ( addicted to marijuana) 200 AA /NA meetings I have not been in any trouble since then. IMHO, after you serve your time and jump through all the hoops... you are rehabilitated.....22 years later, I will take whatever I can get. Last edited by Dilexi; 09-15-2017 at 6:20 PM.. |
#257
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Last edited by The Papa; 09-15-2017 at 6:23 PM.. |
#259
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Don't wait or beat around the bush. Get going on it. Fairly easy process to do yourself or hire an attorney to get it done. All the forms and instructions should be available on your local superior courts website or at the very least you can find them on the web. The sooner the better regardless of what the DOJ is saying right now regarding restoring firearm rights. Getting it removed from your record should be priority! Once you get your order you're no longer a felon if that's the only troubles you've had.
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#260
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On 09/01/2017 I created an account logged on to and used the CRIS/CFARS system to VOLREG a few of my finished 80%ers into the serial data base so I wouldn't have to engrave DOJ issued numbers at a later date. So far the process seems to have been successful and pretty easy (for me). I'm pleased do to the fact I WAS prior to Feb 2017 a felon for 11357(a) Felony possession of Concentrated Cannabis (pree Prop 64) but now seem to have had my full constitutional rights fully restored after filling the proper paperwork with the court clerk.
So I was surprised that everything with my reclassification has seem to go well, I simply was not expecting it too. I received my "firearm application" letter stating that my 80% (with my own serial numbers) have been recorded into the system. DOJ/BOF Leter: 1 Page http://cubeupload.com/im/uSdnSb.jpg Petition/Application for a Redesignation: Pages 1 and 2 http://cubeupload.com/im/9OFCys.jpg http://cubeupload.com/im/QzZvTE.jpg So as far as the state I'm good to go. I have not however tried to DROS a firearm in CA. (Never in my life actually) So I'm not sure about the federal system. I plan to check my FBI records. Below is the link for FBI ID Summary https://www.fbi.gov/services/cjis/id...summary-checks So hopefully this might help some of you who are wondering about the process. I think the problem is there seems to be a number of MJ charges that have now been reclassified and the lawyers are confused about how to go about the process do to how the case was put together by the lawyers, judge, and DA in the beginning. My own lawyer was stuck on if we should continue our 17b, or do a prop 64 reclass. In the end we decided this was best and quickest way for my 11357(a) Felony possession of Concentrated Cannabis because I wasn't going to have to deal with character reference letters and a few more court dates. With this process I didn't have to appear, my lawyer just walked into the court and the clerk signed a bunch of documents and it was done. Hope this information may help. . Last edited by SP1200SP1200; 09-19-2017 at 8:53 PM.. |
#261
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Passing DROS will be the litmus test!! |
#263
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https://www.calguns.net/calgunforum/....php?t=1379839 |
#264
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#265
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#266
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Prop 64 Felony convictions before 2014
Just for general information.
I talked with The Oregon State Police today. The Officer I spoke to said I would need to have my criminal record expunged / sealed (misdemeanor) or vacated, as my felony conviction was prior to 2014. Citing a PC (I did not write down.) Conundrum!! Anyway my next step is PC 1203.4 |
#267
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The 1203.4 will remove the misdemeanor from your record... not the felony. |
#268
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I challenged The Officer I was talking to - he was convinced in Oregon I needed to have the charge vacated or dismissed. maybe, I will drive to Yreka next week and get a live scan. None of this is making sense............I emailed RGB, he did not know why some are go through and some are rejected in California. He is trying to fix it. I m guessing later convictions are being rejected. Pre 2014 I just do not know! In any case, I can answer, I ve never been convicted of a crime ..........after my record is expunged |
#269
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Prop 64 Cluster Puck
Papa, I agree .
If the court grants the request to re-sentence the offense as a misdemeanor or infraction, thereafter the crime will be treated as a misdemeanor or infraction for all purposes. Unlike Proposition 47, the re-sentencing does not preclude the right to own or possess firearms. (See Pen. Code § 1170.18(k).) Not sure why Oregon State Police would assume I m a felon after Prop 64 reduction. The law is clear. And the 2014 cut-off, is nebulous, and is not in the "Text" of Prop 64. As I recall.......someone claimed they called the DOJ and the 2014 cut-off date was given then too. I going back track and see if I cant find the post |
#270
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grumeazy posted this response to me 8/4/2017
The DOJ will do what every they want. You will have to file a suit. This is from Kellon's interaction with DOJ: "Supervisor told me that yes my record shows the reduction, but the DOJ is not recognizing Prop 64 reductions for firearms. I asked for a copy of the document that states this and she couldn't provide one. She kept saying that my charge was too old and the reduction only applies to offenses after November 2015" |
#272
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http://calgunlaws.com/wp-content/upl...an-Service.pdf |
#273
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#274
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I was going to do an FBI ID check https://www.fbi.gov/services/cjis/id...summary-checks However the process seems to take 10 to 12 weeks. Would the above be faster? Last edited by SP1200SP1200; 09-25-2017 at 5:10 PM.. |
#275
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I've done it twice, and both time the results were available by the time I drove home. |
#276
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Hey Jeepfiend- Does the channeler do anything more than obtain and provide your record? Can they or do they assist with corrections that need to be made? |
#277
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No, they just do expedited fingerprinting services. They are not a liaison for the FBI.
But once you get the record, you can contact the FBI directly to request any changes. I requested changes from both the FBI and from CA DOJ, and FBI responded about a month faster (and that was before this prop 64 stuff all started). They also send an amended copy of your identity history summary once changes are applied. I don't know what database they update exactly. After confirmation of federal records update, by both CA DOJ and FBI, I still failed an NICS check because I apparently had a bad record in III. My personal impression was the only way to be sure your NICS, NCIC, and III databases are up to date is to actually pass a NICS background check. While I was in CA, I was able to purchase firearms through the CA DOJ POC without issue. So for those saying the Prop 64 is a NICS hold, I'm not so sure. It seemed to me like they only check the NICS for out of state records, but IANAL, just speculating from personal experience. |
#278
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#280
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There are select FBI channelers: https://www.fbi.gov/services/cjis/id...er-submissions With a Channeler, the fingerprints get put run through the database and then you get a link to to download your records when they are available. I don't know how long expedited service through the Sheriff's office takes, but I would venture a guess you'll still be looking at a few days that way. Again, just my $0.02 |
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