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 > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 08-31-2019, 7:52 AM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default New here and need some advice

Hello people. I'm new here and new to buying firearms. I was wondering if anyone can answer this question for me. I've been wanting to buy a gun but had a few minor run-ins with the law only here in California. All charges were dismissed though. I've been wanting to buy a gun but wasnt sure if I could so my ffl told me to do a PFEC (person firearms eligibility check). The check came back saying that I was approved to both own and purchase firearms. So Itried to purchase a pistol and a rifle and about 5 days into the 10 day waiting period I got a call saying that I'm on a delay. I got a letter in the mail saying the possible reasons for the delay and it also said that I could get a livescan. Well I'm now 21 days in to the 30 day delay and still no change in status. Also this ffl doesnt release on undetermined. So I guess my question is is when or should I do a livescan and what exactly will a livescan do? Thanks for any help!
Reply With Quote
  #2  
Old 08-31-2019, 9:21 AM
justmedave justmedave is offline
Junior Member
 
Join Date: Nov 2012
Posts: 86
iTrader: 2 / 100%
Default

First off I'd wait the 30 days. Then if it goes undetermined next purchase choose a ffl that will release. If it gets rejected then do a livescan. The livescan will show you what they see. It may be your run in's with the law holding you up. The charges are probably missing the disposition. They don't know if they where dropped/dismissed/guilty/sentenced/served time etc.


Sent from my SM-N950U using Tapatalk

Last edited by justmedave; 08-31-2019 at 9:26 AM..
Reply With Quote
  #3  
Old 08-31-2019, 11:51 AM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Thanks for the info justmedave
Reply With Quote
  #4  
Old 08-31-2019, 12:01 PM
vino68's Avatar
vino68 vino68 is offline
Senior Member
 
Join Date: Jul 2016
Location: Los Angeles
Posts: 555
iTrader: 1 / 100%
Default

You can also run a personal firearms eligibility check with the CA DOJ.
https://oag.ca.gov/firearms/pfecfaqs
Reply With Quote
  #5  
Old 08-31-2019, 12:44 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Already did that vino68. It came back saying I was eligible to both own and purchase firearms BUT it also says that the information is based on California records and not federal records. But I've never really been out of California and the few times I have been I never got in trouble for anything.
Reply With Quote
  #6  
Old 08-31-2019, 1:01 PM
vino68's Avatar
vino68 vino68 is offline
Senior Member
 
Join Date: Jul 2016
Location: Los Angeles
Posts: 555
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Michaeljftsmith View Post
Already did that vino68. It came back saying I was eligible to both own and purchase firearms BUT it also says that the information is based on California records and not federal records. But I've never really been out of California and the few times I have been I never got in trouble for anything.
The BOF 116 form process should also check federal. As stated in the FAQ.

Quote:
What is a Personal Firearms Eligibility Check?
Pursuant to California Penal Code section 30105, an individual may request that the Department of Justice perform a firearms eligibility check on that individual. Authorized state records shall be examined to determine if the individual is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
Reply With Quote
  #7  
Old 08-31-2019, 1:24 PM
pacrat pacrat is offline
Calguns Addict
 
Join Date: May 2014
Location: Socialist Republic of SoCal
Posts: 6,181
iTrader: 11 / 100%
Default

OP, sorry you didn't consult GalGuns before you made a firearms purchase.

You have already learned one thing for sure about buying guns in CrapOfornia.

ALWAYS ASK ABOUT RELEASE ON UNDETERMINED STATUS.

Before doing any business with an FFL.

FFLs that refuse to release on undetermined, are A-holes. Who are improperly denying you a constitutional right, unsupported by any law, just because they can.

And don't deserve the patronage of you, or any other law abiding citizen.
Reply With Quote
  #8  
Old 08-31-2019, 1:41 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Pacrat...as this was my first purchase I didnt know to ask these questions or I would have. Live and learn.
Reply With Quote
  #9  
Old 08-31-2019, 1:48 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

And yes it was a check performed by the DOJ. I had to get a form notarized, give a thumbprint and pay I think like 25 bucks or so. And I received an official form from the DOJ saying I could both own and purchase firearms. I would post it on here for all to see but I dont know how to upload photos on here
Reply With Quote
  #10  
Old 08-31-2019, 4:28 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

So I have another question..after the 30 days the doj has to make a decision, how do they let the ffl know that it is undetermined? By mail, email, a phone call? I'm asking because I made a few calls to different ffl's asking if they release if undetermined and one told me that if they receive a letter from the doj saying undetermined then they will release the firearm. Is this who I want to make future purchases from? Also if anyone from San Joaquin county (manteca, modesto, tracy, Stockton area) is reading this and know of an ffl that does release on an undetermined status then please let me know where they are.
Reply With Quote
  #11  
Old 08-31-2019, 6:49 PM
ajb78's Avatar
ajb78 ajb78 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Apr 2017
Location: San Leandro
Posts: 1,147
iTrader: 3 / 100%
Default

^^Your FFL DOESN'T need a letter from CA DOJ, the status will (is supposed to) change automatically in the DROS system. I had a delay go 32 or 33 days in the past, FFL was calling daily, after the 30th day, and finally got it to change from Delayed to Undermined.
__________________
Reply With Quote
  #12  
Old 08-31-2019, 10:05 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 13,848
iTrader: 161 / 100%
Default

Try Called2Arms in Stockton. Not sure if they release but they are good folks, give them a call.

You also should get your DOJ record so you can review it.
https://oag.ca.gov/fingerprints/record-review

You are looking for any arrests without disposition. If your DROS is denied, then you should appeal it. I am not sure what your options are if it goes undetermined. Consult with a lawyer is always an option though.

https://www.ajrlaw.net/
www.calgunlawyers.com

Good luck and let us know what happens!
__________________
.

Reply With Quote
  #13  
Old 09-01-2019, 6:21 AM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Thanks skyhawk. I will let you know what happen. Do you know what the difference is between the bof_8016rr and the bcia_8016rr forms?
Reply With Quote
  #14  
Old 09-01-2019, 6:53 AM
ajb78's Avatar
ajb78 ajb78 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Apr 2017
Location: San Leandro
Posts: 1,147
iTrader: 3 / 100%
Default

If you want to see the results any time soon, you want the BCIA 8016 for "Record Review". Should only take a few days to process and a few more days to receive the results in the mail. This will not start any kind of appeal process, however you can challenge the results.

https://oag.ca.gov/sites/all/files/a...cia_8016RR.pdf

The "Firearms Eligibility Denial" Livescan is done on a BCIA/BOF 8016, but will take forever to process, it has an ORI code of AB 165 instead of CA0349435 like the "Record review". This version probably would be included with a denial letter.

http://www.ag.ca.gov/firearms/forms/...016FRR1108.pdf
__________________
Reply With Quote
  #15  
Old 09-01-2019, 8:10 AM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Thanks ajb78 I'm gonna print that out right now and get it done after the labor day weekend.
Reply With Quote
  #16  
Old 09-01-2019, 2:53 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

So I just went in and talked to one of the guys over at Called2Arms and they do release after 30 days so that's where my business is going for now on. They were really friendly and knowledgeable and made me feel comfortable. Thanks again Skyhawk.
Reply With Quote
  #17  
Old 09-02-2019, 4:00 PM
Axelgear's Avatar
Axelgear Axelgear is offline
Senior Member
 
Join Date: Jul 2011
Posts: 653
iTrader: 25 / 100%
Default

It really depends what happened on your record cuz there are certain things you could have done that may be expunged but will absolutely affect your right to own a weapon in California. Ive been delayed a few times but never got undetermined.
Reply With Quote
  #18  
Old 09-02-2019, 7:28 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Axelgear....Well I've never committed any violent crimes, never sold any drugs or been convicted of any drug charges, never been committed into a mental hospital and I'm an American citizen. What else do they want from me? As far as California's DOJ records go, they've already cleared me to own and possess firearms. I think now they're just checking to make sure that I'm not one of the other 50,000 or more Michael Smith's in the United States, a hundred or two of which could possibly be convicted felons.
Reply With Quote
  #19  
Old 09-02-2019, 7:30 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

....at least that's what people are telling me and it's what I'm hoping anyways
Reply With Quote
  #20  
Old 09-02-2019, 8:14 PM
Axelgear's Avatar
Axelgear Axelgear is offline
Senior Member
 
Join Date: Jul 2011
Posts: 653
iTrader: 25 / 100%
Default

Drug charges wont bust you unless its a felony but if you had an Ex gf or family member who thinks you shouldnt have a weapon they could have given an anonymous tip to the DOJ or ATF which may block you, also could just be a common name thing which would really suck. Also my lgs says you can technically pass the personal eligibility check but still fail on grounds that are not covered by the personal check so most stores dont give it out anymore. Good luck though man!

Last edited by Axelgear; 09-02-2019 at 8:17 PM..
Reply With Quote
  #21  
Old 09-03-2019, 3:58 AM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Thanks man!
Reply With Quote
  #22  
Old 09-09-2019, 4:27 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

UPDATE!!! The ffl called me today and told me to come pick up my guns!!! It only took almost the full 30 days but hey, better late than never I guess!
Reply With Quote
  #23  
Old 09-09-2019, 4:45 PM
Bigtwin's Avatar
Bigtwin Bigtwin is offline
Veteran Member
 
Join Date: May 2010
Location: N. Cal
Posts: 2,508
iTrader: 0 / 0%
Default

Good to hear.
Reply With Quote
  #24  
Old 09-09-2019, 4:46 PM
theLBC's Avatar
theLBC theLBC is online now
Senior Member
 
Join Date: Oct 2017
Location: the lbc
Posts: 1,242
iTrader: 2 / 100%
Default

\o/
Reply With Quote
  #25  
Old 09-09-2019, 4:56 PM
Michaeljftsmith Michaeljftsmith is offline
Junior Member
 
Join Date: Aug 2019
Posts: 17
iTrader: 0 / 0%
Default

Today's actually my birthday too which makes it that much more awesome 🤘
Reply With Quote
  #26  
Old 09-09-2019, 4:56 PM
Garv's Avatar
Garv Garv is offline
Multi-Tool
CGN Contributor
 
Join Date: Apr 2014
Location: SoCal South Bay
Posts: 6,142
iTrader: 26 / 100%
Default

Well happy BD!
__________________
Originally posted by Kestryll:
It never fails to amuse me how people get outraged but fail to tell the whole story in their rants....
Reply With Quote
  #27  
Old 09-09-2019, 5:24 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy 🔫
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 13,848
iTrader: 161 / 100%
Default

__________________
.

Reply With Quote
  #28  
Old 09-09-2019, 9:59 PM
pacrat pacrat is offline
Calguns Addict
 
Join Date: May 2014
Location: Socialist Republic of SoCal
Posts: 6,181
iTrader: 11 / 100%
Default

WTG Dude!
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 8:29 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, 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 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.