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  • racamp101
    Junior Member
    • Mar 2015
    • 13

    DROS denied help

    I tried to buy a handgun and last Monday got the call that I was denied. Today I got the letter explaining why I was denied.

    DRUGS: Any person addicted to the use of any narcotic drug. Federal Brady Act includes all drug related misdemeanor charges where the arrest occurred within the past year and...

    So I did get arrested for drugs when I was 20 and I'm 27 now... What steps do I have to take to fix this? Should I get a live scan done? or go to the courts and get my record? Also is this sent to the fbi NICS appeal or CA DOJ?

    Any help would be great I just want my handgun and this all cleared up for future purchases.
  • #2
    Fizz
    Senior Member
    • Feb 2012
    • 1473

    Arrested for drugs or convicted for drugs?

    Do you have an MJ card by chance?

    Comment

    • #3
      racamp101
      Junior Member
      • Mar 2015
      • 13

      Originally posted by Fizz
      Arrested for drugs or convicted for drugs?

      Do you have an MJ card by chance?

      Convicted But I think I got them all expunged by doing a class.

      No MJ card

      Comment

      • #4
        Albs
        Senior Member
        • Jul 2014
        • 2158

        Originally posted by racamp101
        Convicted But I think I got them all expunged by doing a class.

        No MJ card
        You think?
        Last edited by Albs; 03-30-2015, 9:25 PM.
        "I prefer dangerous freedom over peaceful slavery."
        - Thomas Jefferson, letter to James Madison, January 30, 1787

        Comment

        • #5
          racamp101
          Junior Member
          • Mar 2015
          • 13

          Originally posted by Albs
          You think?
          I know haha it was a long time ago now.

          Comment

          • #6
            Albs
            Senior Member
            • Jul 2014
            • 2158

            Originally posted by racamp101
            I know haha it was a long time ago now.
            That's something you should know and not guess.

            Even if you were expunged, it doesn't restore your firearm right.

            And it's sent to DOJ.
            "I prefer dangerous freedom over peaceful slavery."
            - Thomas Jefferson, letter to James Madison, January 30, 1787

            Comment

            • #7
              philobeddoe
              Senior Member
              • Aug 2007
              • 2022

              Originally posted by racamp101
              Convicted But I think I got them all expunged by doing a class.

              No MJ card
              Diversion isn't equivalent to expungement, even if charges are dropped upon successful completion of diversion course.

              Talk to a lawyer. Should be doable. Good luck.
              ΜΟΛΩΝ ΛΑΒΕ

              NRA MEMBERSHIP


              GOA MEMBERSHIP

              Comment

              • #8
                philobeddoe
                Senior Member
                • Aug 2007
                • 2022

                Originally posted by racamp101
                I know haha it was a long time ago now.
                Perspective is everything. While seven years may seem like a long time ago to you, it's not a long time ago. In fact, even 20 years ago isn't a long time ago.

                Again, good luck. It's worth doing and should be doable if you've got a little money and some patience.
                ΜΟΛΩΝ ΛΑΒΕ

                NRA MEMBERSHIP


                GOA MEMBERSHIP

                Comment

                • #9
                  racamp101
                  Junior Member
                  • Mar 2015
                  • 13

                  So being charged for drugs in my past makes me not allowed to have a gun? Why does it say within one year? Am.i miss understanding
                  Last edited by racamp101; 03-30-2015, 9:57 PM.

                  Comment

                  • #10
                    Albs
                    Senior Member
                    • Jul 2014
                    • 2158

                    Originally posted by racamp101
                    I tried to buy a handgun and last Monday got the call that I was denied. Today I got the letter explaining why I was denied.

                    DRUGS: Any person addicted to the use of any narcotic drug. Federal Brady Act includes all drug related misdemeanor charges where the arrest occurred within the past year and...

                    So I did get arrested for drugs when I was 20 and I'm 27 now... What steps do I have to take to fix this? Should I get a live scan done? or go to the courts and get my record? Also is this sent to the fbi NICS appeal or CA DOJ?

                    Any help would be great I just want my handgun and this all cleared up for future purchases.
                    Originally posted by racamp101
                    So being charged for drugs in my past makes me not allowed to have a gun? Why does it say within one year? Am.i miss understanding
                    You're clearly misunderstanding what's being stated. I put it in bold so you can re-read it again. Misdemeanor charges where the arrested occurred within the past year. You can still own a firearm if you have a misdemeanor..a felony reduction to a misdemeanor will restore your rights to possess a firearm under California law. Clearly you need to consult this with an attorney.
                    "I prefer dangerous freedom over peaceful slavery."
                    - Thomas Jefferson, letter to James Madison, January 30, 1787

                    Comment

                    • #11
                      racamp101
                      Junior Member
                      • Mar 2015
                      • 13

                      Originally posted by Albs
                      You're clearly misunderstanding what's being stated. I put it in bold so you can re-read it again. Misdemeanor charges where the arrested occurred within the past year. You can still own a firearm if you have a misdemeanor..a felony reduction to a misdemeanor will restore your rights to possess a firearm under California law. Clearly you need to consult this with an attorney.
                      That's how I understood it first but after everyone replied I started to doubt myself. Thank you I will contact an attorney and get my rights back

                      Comment

                      • #12
                        SkyHawk
                        I need a LIFE!!
                        • Sep 2012
                        • 23518

                        I would file a NICS appeal online (free), and also do the livescan to start the appeal with CA DOJ. Clearly there is an error, if you have not been arrested for drugs in the past 7+ years.

                        If the outcome of the appeal is not in your favor, then get the lawyer. Or if you just have $1000 to $1500 to burn, get a lawyer now. I can recommend Jason Davis. http://www.calgunlawyers.com
                        Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                        Comment

                        • #13
                          KD714
                          Member
                          • Mar 2011
                          • 320

                          What exactly does "I got arrested for drugs" mean? That's a very broad statement.

                          I'm not trying to be a smarta*s but your answer could make huge difference.

                          Comment

                          • #14
                            Albs
                            Senior Member
                            • Jul 2014
                            • 2158

                            Originally posted by KD714
                            What exactly does "I got arrested for drugs" mean? That's a very broad statement.

                            I'm not trying to be a smarta*s but your answer could make huge difference.
                            I wouldn't suggest you disclose any more than you have to until you've gotten everything settled. Understand anything you post here may be used against you. CA-DOJ and other LE agencies monitor Calguns.
                            Last edited by Albs; 03-30-2015, 11:23 PM.
                            "I prefer dangerous freedom over peaceful slavery."
                            - Thomas Jefferson, letter to James Madison, January 30, 1787

                            Comment

                            • #15
                              TRICKSTER
                              I need a LIFE!!
                              • Mar 2008
                              • 12438

                              Originally posted by Albs
                              I wouldn't suggest you disclose any more than you have to until you've gotten everything settled. Understand anything you post here may be used against you. CA-DOJ and other LE agencies monitor Calguns.
                              What difference would that make. We are talking about a 7 year old offense that has already been adjudicated. Either the law allows him to clear this up and be eligible to purchase a firearm or it doesn't.


                              Never underestimate the power of stupid people in large groups

                              Comment

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